County of San Mateo

InterDepartmental Correspondence

Recommendation: Adopt a resolution determining either: 1) that public convenience or necessity would be served by issuance of an off-sale beer and wine license to Sergio Ramos Guzman, Los Primos Meat Market, for the premises at 55 Fifth Ave., Suite A, Redwood City; or 2) that public convenience or necessity would not be served by issuance of such license.

Background:

State law requires that the County make a finding of whether the public convenience or necessity would be served with respect to the issuance of a liquor license which would result in an Aundue concentration@ of liquor sales establishments or where the location is in a high crime reporting district. The State Department of Alcoholic Beverage Control has determined that an Aundue concentration@ of licenses exists in the census tract at issue in this case, and has requested a determination of Apublic convenience or necessity@ by the County. On June 14, 1996, the Board of Supervisors established a process for consideration of such requests. This process requires that the application be referred to the Sheriff and to the appropriate municipal advisory council for the area for a recommendation as to whether the request should be granted.

Discussion:

This request relates to the application of Sergio Ramos Guzman, Los Primos Meat Market, for the premises at 55 Fifth Ave., Suite A, Redwood City. The applicant would be authorized to sell beer and wine under the license. The Department of Alcoholic Beverage Control has determined that the number of licenses already issued in the census tract where the property is located (13) is more than the number allowed under a formula established by law (6), and thus there is an Aundue concentration@ of such licenses. (The Department has concluded that the location is not within a high crime reporting district.) The Department has therefore requested that the County now determine whether public convenience or necessity would be served by the issuance of the license.

Based on the large number of existing licenses in the area, and community opposition to the issuance of new licenses, both the Sheriff=s Office and the North Fair Oaks Municipal Advisory Council are opposed to issuance of the license and do not recommend a finding of public convenience or necessity.

We have prepared two resolutions for the Board=s consideration and action. The first (Resolution 1) would grant the applicant=s request. The second (Resolution 2) would deny it.

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THOMAS F. CASEY III, COUNTY COUNSEL

TFC:MS

cc: John Maltbie, County Manager

Terry Burnes, Planning Administrator

Don Horsley, Sheriff

Tom Maloney, Sheriff=s Office

Lily Toy, Planning Division

Dale Miller, NFO Council

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