Land Use Determination
#25-03
Finding of Public Convenience or Necessity for a
Type 20 ABC License for a new bar called Valley Public House at 521 West Main Street
Attachment 11
Location Map
Nearby Sensitive Uses
Current Street View
ABC License Request
• The applicant is requesting a Type 42 ABC License for a new bar downtown.
• This license would allow them to serve Beer and Wine, and it does not require them to serve food.
• The Type 42 ABC License prevents minors to attend the taproom. • ABC requires the local jurisdiction to make a finding of Public Convenience or Necessity in support of an additional license if there is an “undue concentration” of licenses in the area.
Background Information
• This site is within Census Tract 13.02.
• Currently, there are 28 active licenses in this Census Tract. • Census Tract 13.02 is allowed 2 licenses; thus, this request requires the City Council to make a finding of Public
Convenience or Necessity.
Factors in Determining Public Convenience or
Necessity
• The law does not clearly identify criteria to be used in determining public convenience or necessity.
• Some factors that can be considered include,
• -The character of the premises
• -The aesthetics and ambiance of the proposed business • -The attractiveness of the proposed business
• -The type of guests who are likely to be patrons
• -The ability of the business to serve a niche in the population not filled by other licenses in the area
• This list is not all-inclusive, as specific factors to consider have not been made more clearly identified by the courts in the past.
Crime Hot Spot Maps
Overall Crime Report
The City of Merced Police Department has reviewed this request and is in support of a Finding of Public Convenience or Necessity.
According to the Merced Police Department, this general area had a “Very High” concentration of incidents between June 24, 2024, and June 23, 2025.
When issuing alcohol licenses, incidents such as the illegal sale of narcotics, disturbing the peace, and disorderly conduct are looked at.
During this time, there were 94 disturbances, 12 assaults, 3 public intoxication, 2 narcotics incidents, and 47 violations of the Municipal Code within 500 feet of this site.
Proposed Floor Plan
Background Details and Additional Information
• This bar was approved by the Planning Commission on July 23, 2025. • This request is only for the Finding of Public Convenience or Necessity, as the project itself has already been approved. • Site will have a food truck in private parking lot behind the building. • The bars approved hours of operation are 12:30 p.m. to 1:00 a.m.
Thursday through Saturday, 2:30 p.m. to 11:00 p.m. Monday through Wednesday, and 12:30 p.m. to 11:00 p.m. on Sundays.
• The site will also have an outdoor patio area, pending approval of an encroachment permit.
Additional Information
• This will be an owner-operated bar
• The owner has indicated they plan on designing the bar with Irish influence, and they want it be a place where members of the public can come watch a variety of sporting events.
• They will be serving local breweries and wineries products • They will allow food from other establishments to be taken into the bar and would like to partner with other downtown restaurants in the future.
City Council Action
After considering all the facts provided and the factors that may be considered for determining public convenience or necessity, if the City Council finds the public convenience or necessity would be served by the issuance of a Type 42 ABC License, the City Council should authorize the Director of Development Services, or their designee, to draft a letter of support to ABC for the issuance of a Type 42 License based on the reasons described in Attachment 5.
Or
If the City Council determines public convenience or necessity would not be served by the issuance of a Type 42 ABC License at this location, the City Council should direct the Director of Development Services, or their designee, to draft a letter opposing the issuance of this license. Specific reasons/findings for denial would need to be cited in the City Council motion.