Provisions for “Undue Concentration”
According to Section 23958.4, if an undue concentration of establishments selling or serving alcoholic beverages is found, the Alcoholic Beverage Control (ABC) is required to deny a license. Undue concentration applie s to all types of alcohol licenses, i.e., both for on- site consumption of alcohol (“on-sale”) and off site sales for consumption off premises (“off-sale”) and includes all alcoholic beverages, not just beer and wine.
Under this provision, “undue concentration” occurs when:
(1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency.
(2) As to “on-sale” retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located.
(3) As to “off -sale” retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the applicant’s premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located.
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