COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

DATE:

June 24, 2005

BOARD MEETING DATE:

July 12, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

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 Ana Mahoni, for the premises at 110 Fifth Ave., Redwood City (Tikis Polynesian Food Market)

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 Ana Mahoni, for the premises at 110 Fifth Ave., Redwood City (Tikis Polynesian Food Market); 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 that would result in an “undue 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 “undue concentration” of licenses exists in the census tract at issue in this case, and has requested a determination of “public convenience or necessity” (or “PCN”) 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 by Ana Mahoni, for the premises at 110 Fifth Ave., Redwood City (Tikis Polynesian Food Market).

Normally, the County must respond within 90 days of the mailing date of the application. In this case, the mailing date was one year ago, but the applicant only recently presented the request to the County. ABC has indicated that it will not issue a license without a PCN letter from the County.

The applicant would be authorized to sell beer and wine under the license (Type 20, Off-Sale Beer & Wine license). Proposed conditions on the license would include limiting sales to the hours of 6 a.m. to 10 p.m., requiring the owner to monitor the area to prevent littering and loitering, and requiring sufficient lighting. 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 (4 allowed, 5 existing), and thus there is an “undue 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.

The Sheriff”s Office is opposed to the application, due to the excessive number of existing licenses in the area. Please see the attached letter from Lt. Ken Jones.

The North Fair Oaks Municipal Advisory Council was unable to consider the application formally due to its meeting schedule. However, the President of the Council, John Shott, responded to the County’s referral and indicated that the Council has consistently opposed new applications due to the existing number of licenses in the area.

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.

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.

Fiscal Impact

No fiscal impact.