City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 02/14/2023
Subject: Department of Alcoholic Beverage Control
RECOMMENDED ACTION:
The City Council designates the Chief of Police to make determinations of Public Convenience or Necessity for persons/premises applying for an Alcoholic Beverage Control license.
BACKGROUND:
In the past the Department of Alcoholic Beverage Control would ask staff to complete forms to determine what is called a “public convenience or necessity” in order to issue licenses for the sale of alcohol. The Planning Director would check to ensure that the location is zoned for such a use and that the premises have obtained any appropriate discretionary permits from the City for such use and the Chief of Police would check to ensure that there were no public safety concerns related to the issuance of such a permit.
In making this determination, staff would refer to Section 23958 of the California Business and Professions Code (BPC), which states that ABC shall deny an application for a liquor license if issuance would result in or add to an undue concentration of licenses in that area.
DISCUSSION/ANALYSIS:
At the beginning of this year, Staff received a letter from the Department of Alcoholic Beverage Control requesting that the local governing board for each jurisdiction now choose which option they would prefer in evaluating these forms for the determination of public convenience or necessity. The Department of Alcoholic Beverage Control has provided the following options:
1. The City Council or Board of Supervisors of the City will make determinations of Public Convenience or Necessity (PCN) for persons/premises applying for an ABC license; or
2. The City Council or Board of Supervisors of the City shall designate to staff to make determinations of Public Convenience or Necessity (PCN) for persons/premises applying for an ABC license; or
3. The City Council or Board of Supervisors may decline to make determinations of Public Convenience or Necessity (PCN) for persons/premises applying for an ABC license. Under these circumstances, determinations for Public Convenience or Necessity (PCN) will revert to the Department of Alcoholic Beverage Control.
Staff believes that the current process has been sufficient to date and recommends that City Council designate the Chief of Police, in consultation with the Planning Director, to continue to make the determinations of Public Convenience or Necessity (PCN) for all ABC licenses.
Attachments:
1. ABC Designation of Subordinate Officer