COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

DATE:

January 21, 2010

BOARD MEETING DATE:

February 9, 2010

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 GSA Enterprises, Inc., for the Premises at 8865 La Honda Road, La Honda, CA

RECOMMENDATION:

Adopt a resolution determining that the public convenience or necessity would be served by the issuance of an Alcoholic Beverage License to GSA Enterprises, Inc., for the Premises at 8865 La Honda Road, La Honda, CA.

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 GSA Enterprises, Inc. in connection with a proposal to conduct off-sale of beer and wine at the premises located at 8865 La Honda Road, in La Honda, CA. The Department of Alcoholic Beverage Control has determined that the number of licenses already issued in the census tract in which this premises is located is more than the number allowed under the formula established by law. (Under this formula, three licenses would be allowed, and there are presently 8 licenses existing.) Therefore, under state law, the Department of Alcoholic Beverage Control may not issue a license to GSA Enterprises without this Board first determining whether the public convenience or necessity would be served by issuance of the license.

The matter was forwarded to the Cuesta La Honda Guild for its consideration under correspondence of this office dated November 17, 2009. In response, this office received a letter from the Guild dated December 15, 2009, wherein it stated that “the Guild Board of Directors reviewed the subject application by GSA for off-sale of beer and wine at the location of the former Pioneer Market,” and that “the Board has no objection to this development, since it basically replaces the convenient off-sale previously available at Pioneer Market.”

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. The first would grant the applicant’s request and the second would deny it.

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

FISCAL IMPACT:

No fiscal impact.