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1 CITY COUNCIL RESOLUTION NO. 25-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA FOR DETERMINATIONS OF PUBLIC CONVENINECE OR NECESSITY
FOR THE ISSUANCE OF ALCOHOL LICENSES AND DESIGNATING THE CITY MANAGER OR INTERIM CITY MANAGER AS THE REVIEW AUTHORITY.
WHEREAS, In 1994, the State of California Legislature passed Assembly Bill (AB) 2897 (the Caldera Bill) and amended the State Business and Professions Code Section 23958 which requires the Department of Alcoholic Beverage Control to deny an application for a liquor license "if issuance of that license would tend to create a law enforcement problem, or if the issuance would result in or add to an undue concentration of [liquor] licenses . . .”; and
WHEREAS, undue concentration is defined as (1) the premises of the applicant is located in an area that has 20 percent more reported crimes than the average number of reported crimes for the City as a whole, or (2) premises of the applicant is located in a census tract where the ratio of existing retail on-sale/off-sale retail licenses to population in the census tract exceeds the ratio of retail on-sale/off-sale retail licenses to population in the County of the proposed premise; and
WHEREAS, the State Business and Professions Code Section 23958.4 states that if the Department of Alcoholic Beverage Control has determined that there is an undue concentration of liquor licenses, the application shall be denied unless the local agency determine whether public convenience or necessity would be served by the issuance of these licenses and inform the Department of Alcoholic Beverage Control; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of Cathedral City hereby designates the City Manager or appointed Interim City Manager as the review authority for determinations of Public Convenience or Necessity pursuant to, and consistent with, Section 23958.4 of the State Business and Professions Code for alcoholic beverage license applications.
Section 2. The City Clerk shall certify as to the adoption of this resolution and shall cause the same
Section 3. This Resolution shall take effect immediately upon its adoption THE FOREGOING RESOLUTION WAS APPROVED AND ADOPTED on this 22nd day of October 2025, by the following vote:
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1 AYES:
NOES:
ABSTAIN:
ABSENT:
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Nancy Ross, Mayor
ATTEST AND APPROVED AS TO CONTENT:
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Tracey R. Hermosillo, City Clerk
APPROVED AS TO LEGAL FORM:
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Eric S. Vail, City Attorney