DATE: December 14, 2021
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, County Administrative Officer
SUBJECT: Determination of Public Convenience or Necessity on Application for Alcoholic Beverage License Type 20 for Herbert Jeffrey Davis
RECOMMENDED ACTION(S):
TITLE
Consider and take action on request for Determination of Public Convenience or Necessity on application for Alcoholic Beverage License Type 20 filed by Herbert Jeffrey Davis, to be used at 39533 Auberry Road, Ste 101, Prather, CA 93651.
REPORT
The applicant is applying for a Type 20 license (off-sale beer and wine) to be used at 29533 Auberry Road, Ste 101, Prather, CA 93651. The Department of Alcoholic Beverage Control (ABC) has determined that an undue concentration of alcoholic beverage licenses exists in Census Tract 64.05, where this business is located. However, Business and Professions Code sections 23958 and 23958.4 provide that even if the census tract or County has an undue concentration of alcoholic beverage licenses, ABC may issue a license if the local governing body determines that public convenience or necessity would be served by the issuance of the license. The applicant's location is in Census Tract 64.05. Four off-sale licenses are allowed in this census tract. There are currently seven registered licenses. Approval of this application will bring the number of off-sale licenses in this census tract to eight registered off-sale licenses. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
If your Board does not make a determination regarding public convenience or necessity in regard to this request within ninety (90) days of notification of the completed application, ABC may still issue the license if the applicant shows ABC that public convenience or necessity would be served by the issuance, pursuant to Section 23958.4(b)(2) of the Business and Professions Code.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended...
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