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File #: 21-0154    Name: Determination of Public Convenience or Necessity on Application for Alcoholic Beverage License Type 21 for Yakoob Nagib S. Mohamed
In control: Administrative Office
On agenda: 4/13/2021 Final action: 4/13/2021
Enactment date: Enactment #:
Title: Consider and take action on request for Determination of Public Convenience or Necessity on application for Alcoholic Beverage License Type 21 filed by Yakoob Nagib S. Mohamed, to be used at 6012 S. Elm Ave., Fresno, CA 93706.
Attachments: 1. Agenda Item, 2. Census Tract 18 Map, 3. Applicant Letter, 4. ABC License Application (Form ABC-245), 5. PowerPoint Presentation, 6. Additional Information
DATE: April 13, 2021

TO: Board of Supervisors

SUBMITTED BY: Jean M. Rousseau, County Administrative Officer

SUBJECT: Determination of Public Convenience or Necessity on Application for Alcoholic Beverage License Type 21 for Yakoob Nagib S. Mohamed

RECOMMENDED ACTION(S):
TITLE
Consider and take action on request for Determination of Public Convenience or Necessity on application for Alcoholic Beverage License Type 21 filed by Yakoob Nagib S. Mohamed, to be used at 6012 S. Elm Ave., Fresno, CA 93706.
REPORT
The applicant is applying for a Type 21 license (off-sale general) to be used at 6012 S. Elm Ave., Fresno, CA 93706. The Department of Alcoholic Beverage Control has determined that an undue concentration of off-sale 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 if the census tract or County has an undue concentration of off-sale alcoholic beverage licenses, the Department of Alcoholic Beverage Control (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. This item affects District 1.

ALTERNATIVE ACTION(S):

If your Board does not make a determination regarding public convenience or necessity in regards to this request within ninety (90) days of notification of the completed application, ABC may still issue the license if the application 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:

Yakoob Nagib S. Mohamed filed paperwork to apply for a Type 21 license (off-sale general - sales of beer, wine and distilled spirits for con...

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