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HomeMy WebLinkAboutDetermination of ABC - Guillermos Napa TapasSTAFF REPORT To: CITY COUNCIL, CITY OF PALM DESERT FROM: CITY ATTORNEY, DAVID J. ERWIN DATE: November 21, 2006 RE: CONSIDERATION OF A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY REGARDING AN ALCOHOLIC BEVERAGE LICENSE REOUEST CONSIDERATION OF A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY REGARDING AN ALCOHOLIC BEVERAGE LICENSE RECOMMENDATION It s the staff recommendation that the City Council direct a written correspondence to the Alcoholic Beverage Control Board indicating that they have made a determination that the business located at 73900 El Paseo, #2, Palm Desert, California will provide for public convenience and necessity even though the premises is located in a census tract currently over - concentrated with licensed businesses per department records. SUMMARY An application has been made by David Anthony Alavos for a business known as Guillermos Napa Tapas at 73900 El Paseo, #2, Palm Desert, California for the transfer of an existence license No. 47, which is a public eating place restaurant to a type-48 which is best described as a bar with hors d'oeuvres, etc. The history of this location indicates that the license there was a 48 license for many years until 2002. In 2002, the then -owner changed the license to a 47. The application is to change it back to a 48, which under the circumstances of the location and kitchen facilities and the size of the location dictate that this is a more appropriate license. In fact, what is being requested is to correct what looks to be an incorrect prior determination by the then -owner of the premises, and this would not provide any new license or new business in the area, but merely correct the designation on the license. Staff would support the Council's determination pursuant to the Business and Professions Code §23958.4 that this business will provide for public convenience and necessity, and a 48 license should be issued for this location. I would be happy to answer any further questions the Council may have with regard to this issue. RMBUS\DERWIN\277529.1 2ITY COUNCIL TION: APPROVED DENIED., RECEIVED OTHER..,'. MEE`€'IN AYES: NOES: ABSENT: ABSTAIN: VERIFIED Original City Clerk' s Off:i.7 V 1 Department of Alcoholic Beverage Control Sta is APPLICATION FOR ALCOHOLIC BEVERAGE LICENSES) ABC 211 (6/99) TO: Department of Alcoholic Beverage Control File Number: 446880 42-700 Bob Hope Drive Receipt Number: 1587688 Suite 317 Geographical Code: 3318 Rancho Mirage, CA 92270 Copies Mailed Date: October 17, 2006 (760) 568-0990 Issued Date: DISTRICT SERVING LOCATION: RANCHO MIRAGE First Owner: AVALOS DAVID ANTHONY ,MEETING DATE Name of Business: GUILLERMOS NAPA TAPAS S-1 ONTINUED TO 1 ,;� _ N -1)G Location of Business: 73900 EL PASEO 2 ❑ PASSED TO 2ND READING PALM DESERT, CA 92260-437-1 County: RIVERSIDE Is premise inside city limits? Yes Mailing Address: (If different from premises address) Type of license(s): 48 Census Tract 0451.06 Transferor's license/name: 415040 / DUGGAN MARY ( Dropping Partner: Yes No License Tvoe Transaction TVDe Ftt, Typp Master D Lp D_= 48 ON -SALE GENERAL) PERSON TO PERSON TRANSF P40 48 ON -SALE GENERAL) ANNUALFEE P40 48 ON -SALE GENERAL) EXCHANGE LICENSE P40 Y 0 10/ 17/06 $1,250.00 Y 0 10/ 1 7/06 $758.00 Y 0 10/ 17/06 $100.00 Total $2,108.00 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on -sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of RIVERSIDE Date: October 17, 2006 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no ptFan othein than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the nse(trf which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or tomlfill yn-.e agreement entered into more than ninety (90) days preceding the day on which the transfer application is riled with the Department or�gaif'b establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer applic n A MiLrn be withdrawn by either the applicant or the licensee with no resulting liability to the Department. _ pf"n Applicant Name(s) Applicant Signature(s) r" =fVJ AVALOS DAVID ANTHONY -4 VEGA RAMON JR C)-T IV �n CITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS INTEROFFICE MEMORANDUM TO: BUSINESS LICENSING, DIRECTOR OF BUILDING & SAFETY, DIRECTOR OF COMMUNITY DEVELOPMENT, DIRECTOR OF PUBLIC WORKS, COVE COMMUNITIES FIRE MARSHAL, PALM DESERT POLICE DEPARTMENT FROM: RACHELLE D. KLASSEN, CITY CLERK Av DATE: OCTOBER 23, 2006 SUBJECT: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY Guillermo's Naeas Tapas. 73-900 El Paseo. #2. Palm Desert A copy of the subject ABC License is attached for your review and recommendation to the City Council for receiving and filing or to one of the other named departments for further action. Please mark the appropriate response below and return to me by Thursday. November 2. 2006. No response by this date will be considered a "No Comment." Responding Department: &51RESS [AC19 JS67 Date: — / Response: I.JY No comment - okay to present to City Council. \ ❑ Refer to — related comments (attach additional sheets, if necessary): ❑ Other — Additional comments (attach additional sheets, if necessary): CITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS INTEROFFICE MEMORANDUM �ECEIVEDCEE�OFFICE PALMDSR, ,N OCT 24 PM 4: 00 TO: BUSINESS LICENSING, DIRECTOR OF BUILDING & SAFETY, DIRECTOR OF COMMUNITY DEVELOPMENT, DIRECTOR OF PUBLIC WORKS, COVE COMMUNITIES FIRE MARSHAL, PALM DESERT POLICE DEPARTMENT FROM: RACHELLE D. KLASSEN, CITY CLERK A,/,-� DATE: OCTOBER 23, 2006 SUBJECT: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY Guillermo's Napas Tar)as, 73-900 El Paseo. #2. Palm Desert A copy of the subject ABC License is attached for your review and recommendation to the City Council for receiving and filing or to one of the other named departments for further action. Please mark the appropriate response below and return to me by Thursday. November 2. 2006. No response by this date will be considered a "No Comment." Responding Department: P C,4,9 V Response: No comment - okay to present to City Council. ❑ Refer to (attach additional sheets, if necessary): Date: 10 - Z q - a(P - related comments 0 Other - Additional comments (attach additional sheets, if necessary): Department of Alcoholic Beverage Control - License Types Pagel of 3 California Home Wednesday. No,, F W me o ft� F MA -AN AF J& Alcoholic Beveraa_e Control Home Executive Staff About Us ABC Licensing ABC Soecial Programs SV-%:1nA5$_Pr i a District Offices Fr1k<.uen Iy_A$k_d Questions 9 En Espanol DEPARTMENT OF ALCOHOLIC BEVERAGE ABC CONTROL My CA LIST OF LICENSE TYPES TEMPORARY LICENSES License Code Description of License 0 Temporary Retail Permit 1 31 JISpecial Daily License (Temporary Beer or Wine) 1 32 JjDaily Beer 1 33 JjDaily Wine 1 34 JjDaily Beer and Wine 1 37 JjDaily On -Sale General OTHER LICENSES License Code Description of License 01 Beer Manufacturer 02 Winegrower 1 03 1113randy Manufacturer 1 04 IlDistilled Spirits Manufacturer 1 05 IlDistilled Spirits Manufacturer's Agent 1 06 JIStill 1 07 _ IlRectifier 08 Wine Rectifier 1 09 IlBeer and Wine Importer 1 10 IlBeer and Wine Importer's General 11 1113randy Importer 1 12 IlDistilled Spirits Importer 1 13 IlDistilled Spirits Importer's General 1 14 JjPublic Warehouse 1 15 IlCustoms Broker 16JjWine Broker http://www.abc.ca.gov/permits/licensetypes.html 11 /15/2006 Department of Alcoholic Beverage Control - License Types Page 2 of 3 17 IlBeer and Wine Wholesaler 18 IlDistilled Spirits Wholesaler 19 IlIndustrial Alcohol Dealer 1 20 IIOff--Sale Beer and Wine 21 IIOff--Sale General I 22 IlWine Blender I 23 IlSmall Beer Manufacturer 1 24 — IlDistilled Spirits Rectifier's General I25 IlCalifornia Brandy Wholesaler I 26 IIOut-of-State Beer Manufacturer's Certificate I 27 IlCalifornia Winegrowers Agent I 28 IIOut-of-State Distilled Spirits Shipper's Certificate I 29 IlWinegrape Grower's Certificate I 40 IIOn-Sale Beer I 41 IIOn-Sale Beer and Wine for Bona Fide Public Eating Place I 42 IIOn-Sale Beer and Wine for Public Premises 1 43 IIOn-Sale Beer and Wine for Train 1 44 IIOn-Sale Beer for Fishing Party Boat 45 IIOn-Sale Beer and Wine for Boat I 46 _ IIOn-Sale Beer and Wine for Airplane 47 IIOn-Sale General for Bona Fide Public Eating Place I 48 — I On -Sale General for Public Premises 1 49 IIOn-Sale General for Seasonal Business I I 50 IIOn-Sale General for Club I I 51 JIClub I I 52 IlVeteransClub �53 IOn-Sale General for Train I 54 IOn-Sale General for Boat I 55 1I0n-Sale General for Airplane I 56 IIOn-Sale General for Vessel of more than 1,000 tons burden I 57 IlSpecial On -Sale General I 58 IlCaterer's Permit F-59 IIOn-Sale Beer and Wine for Seasonal Business I 60 IIOn-Sale Beer for Seasonal Business I 61 IIOn-Sale Beer for Public Premises 62 On -Sale General Bona Fide Public Eating Place Intermittent Dockside Vessel I 63 IIOn-Sale Beer and Wine for Hospital 1 64 IlSpecial On -Sale General Theatre 1 65 IlSpecial On -Sale Beer and Wine, Symphony http://www.abc.ca.gov/permits/licensetypes.html 11 /15/2006 Department of Alcoholic Beverage Control - License Types Page 3 of 3 66 IlControlled Access Cabinet Permit 67 1113ed and Breakfast Inn 68 IlPortable Bar 69 JISpecial On -Sale Beer & Wine Theater 70 110n-Sale General Restrictive Service 75 110n-Sale General Brew -Pub _ 76 I10n-Sale General Maritime Museum Association 77 IlEvent Permit 78 I10n Sale General Wine, Food and Art Cultural Museum 79 IlCertified Farmers' Market Sales Permit _ 80 JISpecial On -Sale General Bed and Breakfast Inn 81 JjWine Sales Event Permit 82 IlDirect Shippers Permit 83 110n-Sale General Caterer's License Back to Top of Page © 2003 State of California. Arnold Schwarzenegger, Governor. Conditions of Use Privacy Policy http://www.abc.ca. gov/permits/licensetypes.html 11 / 15/2006