TOWN OF FAIRFAX
STAFF REPORT
April 5, 2023
TO: Mayor and Town Council
FROM: Rico Tabaranza, Chief of Police
SUBJECT: Designation of Police Chief to make determinations of Public Convenience or Necessity for ABC License applications pursuant to CA Business & Professions Code Section 23958.4.
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RECOMMENDATION
Staff recommends that the Town Council designate the Fairfax Chief of Police, or assigned designee, to make determinations of Public Convenience or Necessity (PCN) for persons/premises applying for an ABC license in the Town of Fairfax.
DISCUSSION
Under Section 23958 of the California Business and Professions Code (BPC), the Department of Alcoholic Beverage Control (ABC) shall deny an application for a license if the issuance would result in or add to an undue concentration of licenses.
BPC Section 23958.4 defines what constitutes an “undue concentration” of ABC licenses. It further states that with respect to certain license types, ABC may issue said licenses if the local governing body or its designated subordinate officer or body, determines that the issuance of the license would serve a public convenience or necessity (PCN).
The Department of Alcoholic Beverage Control (ABC) requests that the local governing body of each jurisdiction designate an authorized person to contact for a PCN determination. Staff is recommending the Police Chief be designated.
FISCAL IMPACT
None.
ATTACHMENT
Calif. Business and Professions Code Sections 23958 & 23958.4 AGENDA ITEM #12