COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

DATE:

April 25, 2011

BOARD MEETING DATE:

May 10, 2011

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

John C. Beiers, County Counsel

SUBJECT:

Resolution of Public Convenience or Necessity for Application for Alcoholic Beverage License by the Little Store, LLC, for the Premises at 2701A El Camino Real, Redwood City, CA

RECOMMENDATION:

Adopt a Resolution determining that public convenience or necessity would not be served by issuance of an off-sale beer and wine license to the Little Store, LLC for the premises at 2701A El Camino Real, Redwood City.

BACKGROUND:

State law requires that when a County receives an application for an Alcoholic Beverage License that it make a finding of whether the public convenience or necessity would be served by the issuance of the license. The County is to deny the license if it determines that 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 the Little Store, LLC in connection with a proposal to conduct off-sale of beer and wine at the premises located at 2701A El Camino Real, Redwood City, California. 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, five licenses would be allowed, and there are presently twelve licenses existing.) Therefore, under state law, the Department of Alcoholic Beverage Control may not issue a license to the Little Store, LLC without this Board first determining whether the public convenience or necessity would be served by issuance of the license. This matter was originally scheduled for consideration by the Board at its meeting of March 15, 2011 but, at the request of the applicant, it was rescheduled to a later date.

The request was forwarded to the North Fair Oaks Community Council for its consideration under correspondence of this office dated January 4, 2011. In response, this office received a letter from the Council dated February 3, 2011, wherein it stated that “the [North Fair Oaks Council] does not support the issuance of a license to sell alcohol to the Little Store at 2701A El Camino Real, Redwood City.” A copy of the Council’s letter is included with this report.

The matter was also forwarded to the Sheriff’s Office for its consideration and this office has been informed by the Patrol Lieutenant responsible for the area in which the facility at issue is located that the Sheriff opposes the application due to the over-concentration of licenses in the census tract.

Based on the foregoing, the recommendation is that this Board deny the applicant’s request and find that the public convenience or necessity would not be served by the issuance of a license. However, in case the Board determines that a different decision is warranted, attached are two forms of resolution, one of which would deny the applicant’s request and the other of which would grant 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.