DATE: May 7, 2019
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 Harbans Kaur and Harbans Singh Lehra.
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 Harbans Kaur and Harbans Singh Lehra, DBA Elkhorn Avenue Market, located at 3126 W. Elkhorn Ave., Caruthers, CA 93609-9616.
REPORT
The applicant is applying for a Type 21 license (off-sale general) to be used at 3126 W. Elkhorn Ave., Caruthers, CA 93609-9616. Business and Professions Code Sections 23958 and 23958.4 require a determination of public convenience or necessity by the local governing body if the census tract or County has an undue concentration of off-sale alcoholic beverage licenses.
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, the Department of Alcoholic Beverage Control may issue a license if the application shows the Department of Alcoholic Beverage Control 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:
Harbans Kaur and Harbans Singh Lehra, DBA Elkhorn Avenue Market, located at 3126 W. Elkhorn Ave., Caruthers, CA 93609-9616, filed associated paperwork to apply for a Type 21 license (off-sale general - sales of beer, wine and distilled spirits for consumption off of the premises where sold). The business is a gas station/convenience store with an existing Type 20 license (off-sale beer and wine) applying for an upgrade to a Type 21 license.
The Department of Alcoholic Beverage Control has determined that an undue concentration of off-sale alcoholic beverage licenses exists in census tract 75. Four off-sale licenses are allowed in this census tract. There are currently nine registered licenses, including the applicant’s existing Type 20 license.
Sections 23958 and 23958.4 of the Business and Professions Code allow the Department of Alcoholic Beverage Control to issue an off-sale license if the local governing body of the area in which the applicant premises are located, or its designated subordinate office or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. If the local governing body, or its designated subordinate officer or body, does not make a determination within the 90-day period, then the Department of Alcoholic Beverage Control may issue a license if the applicant shows the Department that public convenience or necessity would be served by the issuance.
County policy requires the following three criteria be considered before a determination of public convenience or necessity can be met:
1) The issuance of a license would not tend to create a law enforcement problem and increase the level of crime activity.
2) The issuance of a license would provide a needed service to the community and that without this use there would be an inconvenience to the community.
3) The issuance of a license will have a positive impact on the local economy including the creation of new jobs.
The applicant’s written response to the above criteria is attached. The applicant will also be available to present their case to your Board at today’s hearing.
Notices of today’s hearing were sent to neighboring property owners within 600 feet of the applicant’s premises.
A representative from the Sheriff’s Department is available to provide a statement regarding any local law enforcement impacts.
OTHER REVIEWING AGENCIES:
The Sheriff’s Department and the Department of Public Works and Planning have reviewed this application.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Census Tract 75 Map
Applicant Letter
ABC License Application (Form ABC-245)
PowerPoint Presentation
CAO ANALYST:
Jordan Scott