DATE: September 8, 2026
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 42 for Anthony Fisicaro
RECOMMENDED ACTION(S):
TITLE
Consider and take action on request for Determination of Public Convenience or Necessity in regard to application for an Alcoholic Beverage Control License Type 42 (on-sale beer and wine for public premises) filed by Anthony Fisicaro to be used at 7029 S. Elm Avenue, Fresno, CA 93706.
REPORT
Anthony Fisicaro (the Applicant) is applying for a Type 42 license (on-sale beer and wine for public premises) to be used at 7029 S. Elm Avenue, Fresno, CA 93706. The Department of Alcoholic Beverage Control (ABC) has determined that an undue concentration of alcoholic beverage licenses exists in Census Tract 18, 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. Three on-sale licenses are allowed in census tract 18. There are currently four registered on-sale licenses. This item pertains to a location in District 1.
ALTERNATIVE ACTION(S):
If your Board does not make a determination regarding public convenience or necessity within 90 days of notification of this request, 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 action. A Board approved fee of $235 to cover the cost of mailing notices to property owners was paid by the applicant.
DISCUSSION:
The Applicant filed ...
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