Any person whose application for an on-sale or off-sale alcohol
license is required by the Alcoholic Beverage Control Board of the
State of California ("ABC") to be subject to a determination of public
convenience by the County of Sacramento may apply to the County for
a determination that the public convenience would be served by the
granting of such license. Such application shall be made on forms
approved by the Office of Planning and Environmental Review ("Office"),
shall contain such information as required by the Office and shall
be filed with the Office. At a minimum, any application shall contain
that information required by Section 110-01 of the Zoning Code of
the County of Sacramento. The application shall be accompanied by
payment of a fee to be established by resolution of the Board of Supervisors
calculated to offset the costs of processing applications.
(SCC 1019 § 1, 1996; SCC
1024 § 1, 1996; SCC 1521 § 1,
2013; SCC 1618 § 46, 2018)
A.
Upon
receipt of an application for a determination of public convenience,
the Office shall refer such application to the Sheriff, the Environmental
Management Department ("EMD"), the Building Inspection Division, the
Business Licensing Division, and the appropriate community planning
advisory council or municipal advisory council for review and comment.
B.
The
Office shall determine whether the applicant premises are within the
appropriate land use designations and have received all required entitlements
to permit the type of sale of alcoholic beverages described in the
application. No determination of public convenience shall be made
if the Office determines that the applicant premises is not within
the appropriate land use designation and does not have all necessary
land use entitlements. The Office shall also determine whether there
is a pending zoning enforcement action regarding the applicant premises.
No determination of public convenience shall be made if there is a
pending enforcement action unless such determination would cure the
violation which is the subject of such action.
C.
The
Sheriff shall determine whether there are existing problems regarding
criminal activity at the applicant premises or in the area surrounding
the applicant premises. If the Sheriff determines that there are such
existing problems with criminal activity, he or she shall report such
problems, in writing, to the Office and object to a determination
of public convenience.
D.
EMD
shall determine whether there are existing violations of health regulations
or a history of such violations at the applicant premises or against
the applicant. If EMD determines that there are such violations, it
shall report such, in writing, to the Office and shall object to a
determination of public convenience.
E.
The
Business License Division shall determine whether any required business
license has been issued and is in good standing for the applicant
premises. If the Business License Division determines that a license
is required and has not been issued or is not in good standing, it
shall report such, in writing, to the Office and shall object to a
determination of public convenience.
F.
The
Chief Building Inspector shall determine whether there are any building
code violations at the applicant premises and shall report such, in
writing, to the Office and shall object to a determination of public
convenience.
G.
The
Office shall also determine whether any protests were lodged with
the ABC in relation to the applicant's request for a license with
that body.
H.
The
advisory council shall report any comments or objections which the
council may have regarding any application which has been forwarded
pursuant to this section.
(SCC 1019 § 1, 1996; SCC
1024 § 1, 1996; SCC 1468 § 1,
2010; SCC 1521 § 1, 2013; SCC 1618 § 47, 2018)
A.
Proceedings
regarding the public convenience of issuing a license for all applications
shall be scheduled before the Board of Supervisors. Notice of the
hearing shall be given in the same manner as required by Section 110-04
of the Zoning Code of the County of Sacramento.
B.
The hearing shall be held without regard to the technical rules of evidence and all persons desiring to appear shall be permitted to do so. The applicant shall be required to demonstrate by substantial evidence that the public convenience will be served by the issuance of a license. The applicant shall also be required to demonstrate, by substantial evidence, that the proposed sale of alcohol shall be accomplished in a manner to eliminate any objections received pursuant to Section 4.60.030.
C.
The
hearing may be continued from time. At the conclusion of the hearing,
the Board of Supervisors shall determine whether the public convenience
will be served by the issuance of a license for the applicant premises.
The determination shall be reduced to writing by the Clerk of the
Board of Supervisors and shall be served by mail upon the applicant.
D.
The
Board of Supervisors may determine that the public convenience will
be met only if certain conditions are imposed upon any license issued
by the Department of Alcoholic Beverage Control (ABC). Such conditions
shall be included in the Board's decision and shall be communicated
to the ABC.
The conditions may cover any matter relating to the privileges
to be exercised under the license, the personal qualifications of
the licensee, the conduct of the business or the condition of the
premises, which will protect the public welfare and morals, including,
but not limited to, the following:
1.
Restrictions
as to hours of sale.
2.
Display
of signs.
3.
Employment
of the designated persons.
4.
Types
and strengths of alcoholic beverages to be served where such types
or strengths are otherwise limited by law.
5.
The
personal conduct of the licensee.
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If conditions are imposed, any finding of public convenience
shall clearly state that it is contingent upon the imposition of such
conditions by the ABC.
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(SCC 1019 § 1, 1996; SCC
1024 § 1, 1996; SCC 1618 § 48,
2018)
