COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

DATE:

October 19, 2009

BOARD MEETING DATE:

November 3, 2009

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 Alcoholic Beverage License by Claudia Ann Marshall for the Premises at 270 Capistrano Road, Princeton by the Sea, CA 94019

RECOMMENDATION:

Adopt a resolution determining that the public convenience or necessity would be served by the issuance of an Alcoholic Beverage License to Claudia Ann Marshall for the premises at 270 Capistrano Road, Number 22, Princeton by the Sea, CA 94019.

BACKGROUND:

State law requires that the County make a finding of whether the public convenience or necessity would be served by the issuance of an Alcoholic Beverage License if the granting of the license would result in an “undue concentration” of establishments selling alcoholic beverages. The California Department of Alcoholic Beverage Control has determined that an undue concentration of such establishments exists in the census tract at issue in this case, and has requested that the County consider whether the public convenience or necessity (“PCN”) will be served by issuance of the instant license. This Board has established a process for consideration of such requests that requires that they be referred to the Sheriff and to the affected community council for a recommendation regarding whether the request for PCN should be granted.

DISCUSSION:

This request relates to the Alcoholic Beverage License Application made by Ms. Claudia Ann Marshall in connection with a proposal to sell beer and wine at the restaurant located at 270 Capistrano Road, Number 22, in Princeton by the Sea, California. The Department of Alcoholic Beverage Control has determined that the number of licenses already issued in the census tract in which the Ayar Produce Market is located is more than the number allowed under the formula established by law. (Under this formula, five licenses would be allowed, and there are presently 12 licenses existing.) Therefore, under state law, the Department of Alcoholic Beverage Control may not issue a license to Ms. Marshall without this Board first determining whether the public convenience or necessity would be served by issuance of the license.

The matter was forwarded to Princeton Citizens Advisory Committee for its consideration under correspondence of this office dated September 11, 2009. In that letter, the Committee was asked to provide its input by no later than October 12, 2009, due to the short period in which the County has to consider the matter. To date, this office has received no response from the Committee. The matter was also forwarded to the Sheriff’s Office for its consideration and it subsequently informed this office that it does not object to issuance of the certificate of public convenience or necessity. Under these circumstances, this office recommends that the applicant’s request be granted.

While the recommendation is that the PCN be granted, attached are two resolutions for the Board’s consideration and action. One would grant the applicant’s request (Resolution No. 1) and the second would deny it (Resolution No. 2).

Responding to the request of the Department of Alcoholic Beverage Control will contribute to the Shared Vision 2025 outcome of collaborative government by providing necessary input to the Department to assist it in making a decision on the subject license.

FISCAL IMPACT:

No fiscal impact.