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COUNTY OF SAN MATEOInter-Departmental Correspondence |
COUNTY COUNSEL |
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DATE: |
April 25, 2003 |
BOARD MEETING DATE: |
May 13, 2003 |
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TO: |
Honorable Board of Supervisors |
FROM: |
County Counsel |
SUBJECT: |
Resolution of Public Convenience or Necessity for Application for Off-Sale Beer and Wine License, by Delave Inc., for location at San Francisco International Airport Terminal 3, Boarding Area F, Next to Gate 82, Space F2062 |
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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 Delave Inc., for the premises at San Francisco International Airport Terminal 3, Boarding Area F, Next to Gate 82, Space F2062; or 2) that public convenience or necessity would not be served by issuance of such license. |
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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. |
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Discussion |
This request relates to the application by Delave Inc., by San Francisco International Airport Terminal 3, Boarding Area F, Next to Gate 82, Space F2062. |
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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 is more than the number allowed under a formula established by law (none allowed, 7 existing), and thus there is an Aundue concentration@ of such licenses. The number of licenses allowed is based on the number of residents in the census district. This district is unusual because of the presence of the airport, which presumably has few residents, if any. (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. |
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The Sheriff=s Office `s Office was consulted, and takes no position on this application. |
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There is no Municipal Advisory Council in this case. |
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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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Vision Alignment |
This resolution furthers the County's commitment that government decisions be based on careful consideration of future impact, rather than temporary relief or immediate gain. |
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Fiscal Impact |
No fiscal impact. |