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HomeMy WebLinkAboutCC Reso No 2008-083 n In I I I n RESOLUTION NO. 2008- 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE PLANNING COMMISSION AS THE AUTHORITY FOR DETERMINING PUBLIC CONVENIENCE AND NECCESITY AND AUTHORIZING THE CITY CLERK OR DIRECTOR OF COMMUNITY DEVELOPMENT TO ISSUE LETTERS OF PUBLIC CONVENIENCE AND NECCESSITY AFTER A DETERMINATION IS MADE WHEREAS, the Department of Alcohol Beverage Control (ABC), a State agency, regulates the distribution of liquor licenses in the State of California; and WHEREAS, Section 23958.4 of the Business and Professions Code defines "undue concentration" of liquor licenses and establishes a procedure for the local agency to determine if the Public Convenience and Necessity will be served by the issuance of a license notwithstanding a determination that there is an undue concentration of licenses; and WHEREAS, Section 23958.4 of the Business and Professions Code allows the City Council to delegate the responsibility making the finding of Public Convenience and Necessity; and WHEREAS, the City has an appropriate review process in place in which the Planning Commission can make determinations regarding Public Convenience and Necessity; and NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. The Planning Commission is authorized to determine whether Public Convenience and Necessity would be served to warrant the issuance of an alcoholic beverage license from the State Department of Alcohol Beverage Control (ABC) as allowed by Section 23958.4 of the Business and Professions Code of the State of California. SECTION 2. The City Clerk or Director of Community Development is authorized to issue letters of Public Convenience and Necessity after a determination is made. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. n n n PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 26th day of August 200 . ~/ HICKMAN, MAYOR CITY OF LAKE ELSINORE A EST:l_ L IVIAN M. MUNSON CITY CLERK STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-83 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 26th day of August 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley, Councilmembers Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSENT: None ABSTAIN: None LL IVIAN M. MUNSON CITY CLERK 2