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File #: 21-0583    Version: 1 Name: Determination of Public Convenience or Necessity on Application for Alcoholic Beverage License Type 20 for Mega Food Mart
Type: Agenda Item Status: Morning Session
File created: 6/8/2021 In control: Administrative Office
On agenda: 10/19/2021 Final action: 10/19/2021
Enactment date: Enactment #:
Title: Consider and take action on request for Determination of Public Convenience or Necessity on application for Alcoholic Beverage License Type 20 filed by Mega Food Mart, to be used at 4706 E. Shields Ave., Fresno, CA 93726.
Attachments: 1. Agenda Item, 2. Census Tract 32.01 Map, 3. Applicant Letter, 4. PowerPoint Presentation
DATE: October 19, 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 20 for Mega Food Mart

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 Mega Food Mart, to be used at 4706 E. Shields Ave., Fresno, CA 93726.
REPORT
The applicant is applying for a Type 20 license (off-sale beer and wine) to be used at 4706 E. Shields Ave., Fresno, CA 93726. The Department of Alcoholic Beverage Control (ABC) has determined that an undue concentration of alcoholic beverage licenses exists in Census Tract 32.01, 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 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. This item pertains to a location in District 3.

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 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:

Mega Food Mart filed paperwork to apply for a Type 20 license (off-sale sales of beer and wine for consumption off the premises where sold). The business where the license will be us...

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