TITLE
Recommendation to receive and file the application of For the Culture Brands, LLC, dba For the Culture Brands, for an original application of an Alcoholic Beverage Control (ABC) License, at 1741 E. Marshall Place; determine that the application does not serve the public convenience and necessity; and, submit a Public Notice of Protest to ABC on the basis that the business is located in a residential zone within 100 feet of residences, within 600 feet of a community park and church, and in a high crime reporting district with an over concentration of off-sale liquor licenses. (District 5)
Levine Act: Yes
DISCUSSION
It is City Council policy to review applications for ABC licenses to determine if a basis for protest against the issuance of the license exists. For The Culture Brands, LLC, a home-based business, applied for a Type 17: Beer and Wine Wholesaler license and a Type 20: Off-Sale license, to allow the sale of beer and wine for consumption off the premises. The applicant intends to conduct online alcohol sales and a wholesaler business from their residence, including storing inventory on the premises.
The proposed site is developed with a single-family residence in a residential zone; that is located within 100 feet of other single-family residences. The proposed site is located within 600 feet of Somerset Park and Iglesia Católica Apostolica Santísimo Sacramento Church. In addition, the proposed site is located within a high crime reporting district that has an overconcentration of off-sale liquor licenses.
Given the high crime level within this reporting district, over concentration, of off-sale alcohol establishments within the census tract, the close proximity to residences, a park and a church, the Police Department recommends that the City Council determine that the application does not serve the Public Convenience and Necessity and that a Public Notice of Protest be submitted to ABC.
TIMING CONSIDERATIONS
City Council action is requested on August 8, 2023, to respond to the Department of Alcoholic Beverage Control at the first opportunity after the July 22, 2023 due date.
LEVINE ACT
This item is subject to the Levine Act. The Mayor, Councilmembers, and Commissioners who have received a contribution of more than $250 within 12 months prior from a party, participant, or their representatives involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; OR (2) return the portion of the contribution that exceeds $250 within 30 days from the time the elected official knew or should have known about the contribution and participate in the proceeding.
All parties, participants, and their representatives must disclose on the record of this proceeding any contribution of more than $250 made to the Mayor or any Councilmembers within 12 months prior to the date of the proceeding. The Mayor, Councilmembers, and Commissioners are prohibited from accepting, soliciting, or directing a contribution of more than $250 from a party, participant, or their representatives, during a proceeding and for 12 months following the date a final decision is rendered.
FISCAL IMPACT
There is no fiscal impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
WALLY HEBEISH
CHIEF OF POLICE
APPROVED:
THOMAS B. MODICA
CITY MANAGER