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COUNTY OF SAN MATEOInter-Departmental Correspondence |
County Counsel |
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DATE: |
May 24, 2004 |
BOARD MEETING DATE: |
June 8, 2004 |
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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 Luis Daniel Escalera Quinones, for the premises at 3045 Middlefield Road, Redwood City (3 Hermanos Produce) |
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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 Luis Daniel Escalera Quinones for the premises at 3045 Middlefield Road, Redwood City (3 Hermanos Produce); 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. The County must respond by June 22, 2004. 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 Luis Daniel Escalera Quinones, for the premises at 3045 Middlefield Road, Redwood City (3 Hermanos Produce). |
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The applicant would be authorized to sell beer and wine under the license (Type 20, Off-Sale Beer & Wine 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 (3 allowed, 12 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. (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 is opposed to the application, due to the excessive number of existing licenses in the area. |
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The North Fair Oaks Municipal Advisory Council is opposed to the application. Please see the attached letter from Christian Molick, the President of the Council, responding to the County's referral. |
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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. |