HomeMy WebLinkAboutRES 2006-04RESOLUTION 2006- 04
A RESOLUTION OF THE CITY CO NCIL OF THE CITY OF DIAMOND BAR
DELEGATING TO THE PLANNING CC MMISSION THE DUTIES OF DETERMINING
WHETHER A FINDING OF PUBLIC CONI FENIENCE AND NECESSITY WARRANTS THE
ISSUANCE OFA ALCOHOLIC LICENSE
WHEREAS, in 1994, the State of California passed legislature that amended the
Business and Professions Code relating to alcoholic beverage licensing which affect the local
governing bodies of cites and counties.
WHEREAS, Section 23958.4 of the Business and Professions Code was added to
define "undue concentration" of license and to establish the procedure for determining if
public convenience and necessity will warrant the issuance of a license notwithstanding a
determination that there is an undue concentration of licenses.
WHEREAS, Section 23958.4 allow the City Council, to delegate the duties of
determining whether public convenience nd necessity would be served to the Planning
Commission.
WHEREAS, Section 23958.4 requir s the City Council to issue a written notification to
the Department of Alcohol Beverage C ntrol regarding the delegation of the duties of
determining whether public convenience and necessity would be served.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. That the Planning Commission is authorized to determine whether a
finding of public convenience and necessity warrants the issuance of an alcoholic license
from the California State Department of Alcohol Beverage Control as allowed by
Section 23958.4 of the California State Business and Professions Code.
Section 2. That the decision of
City Council subject to the provisions of
Section 3. This Resolution shall
and adoption.
Planning Commission may be appealed to the
ion 22.74.040.
effect from and after the date of its passage
2006-04
PASSED, APPROVED, AND ADOPTED this 17th day of January, 2006.
I, Linda C. Lowry, City Clerk of the City of D
foregoing Resolution Number 2006- 04
adopted by the City Council of the City of Di,
on the 17th day of January, 2006, by the folk
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Carol Herrera, Mayor
amond Bar, California do hereby certify that the
was duly and regularly passed, approved and
mond Bar, California, at its regular meeting held
wing vote, to wit:
hang, Tanaka, Tye, Ii/Herrera
T/zJ_I:beE. ,
one
one
l
Linda C. Lowry, City erk
City of Diamond Bar
2006-04