RESOLUTION NO. 22-___
Resolution Of The City Council Of The City Of Emeryville Determining That Public Convenience Or Necessity Would Be Served By The Issuance Of A License By The Department Of Alcoholic Beverage Control To Prizefighter Bottle Shop At 1320 67th Street, Emeryville, California
WHEREAS, California Business and Professions Code Section 23958 requires the Department of Alcoholic Beverage Control (“ABC”) to deny a license if such license would create a “law enforcement problem” or “undue concentration of licenses” as those terms are defined by statute and determined by existing statistical data; and WHEREAS, Business and Professions Code Section 23958.4(b) provides that notwithstanding the undue concentration of licenses, the ABC will issue the license if the governing body determines that the public convenience or necessity would be served by the issuance of the license; and
WHEREAS, Prizefighter Bottle Shop, to be located at 1320 67th Street, has applied to the ABC for a Type 21 license to sell beer, wine and distilled spirits for off premises consumption and has been referred by the ABC to the City of Emeryville for a determination of public convenience or necessity; and
WHEREAS, the Police Department does not anticipate problems from the sale of alcoholic beverages at this location; and
WHEREAS, the sale of beer, wine and distilled spirits for off premises consumption at Prizefighter Bottle Shop, to be located at 1320 67th Street, will provide a convenience for local workers and residents; now therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby determines that the public convenience or necessity would be served by the issuance of a license by the Department of Alcoholic Beverage Control to Prizefighter Bottle Shop, to be located at 1320 67th Street, Emeryville, California.
DocuSign Envelope ID: 93D18A8A-1EBE-4135-8420-48895975E04E Resolution No.
Emeryville City Council Determination of Public Convenience or Necessity City Council Meeting | December 20, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, December 20, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 93D18A8A-1EBE-4135-8420-48895975E04E