Sections:
10.38.010 Purpose.
10.38.020 Public convenience and necessity.
10.38.030 Notice of application.
10.38.040 Review criteria.
10.38.050 Appeal.
10.38.060 Direct referral to planning commission.


10.38.010 PURPOSE. The purpose of this Chapter is to discharge the City’s authority to review applications of public convenience and necessity for alcohol beverage sales, both on-site and off-site, that are referred to it by the Alcohol Beverage Control of the State of California. (Ord. 1997-9, § 1, 1997).

10.38.020 PUBLIC CONVENIENCE AND NECESSITY. The Director of Community Development or designee shall review applications for public convenience and necessity. The Director’s or designee’s decision shall be final unless appealed. (Ord. 1997-9, § 1, 1997).

10.38.030 NOTICE OF APPLICATION. Notice shall be provided in the same manner that notice is provided for planning applications under Chapter 27.08. (Ord. 1997-9, § 1, 1997).

10.38.040 REVIEW CRITERIA. The application shall be reviewed pursuant to the following criteria:
(a) The number of businesses having authority to sell alcoholic beverages in the census track of applicant;
(b) The extent to which the crime reporting district in which applicant is located exceeds the average for crime reporting districts subject to the jurisdiction of the City of San Mateo Police Department.
(c) The extent to which the ratio of on-scale retail establishments or off-sale retail establishments, including consideration of the size of those establishments, of the census tract in which applicant is located exceeds the population ratio of on-sale or off-sale, respectively, for San Mateo County.
(d) The proximity of the applicant to other similar liquor-related businesses.
(e) The proximity of the applicant to schools, parks, and/or residences.
(f) The history of the applicant and/or the site with respect to crime or public nuisances.
(g) The extent to which products other than alcoholic beverages are sold by applicant and the extent to which alcoholic beverages are incidental to the other products.
(h) The extent to which the particular alcohol products being sold may be subject to abuse.
(i) Such other criteria that the decision-maker deems relevant.
The Director or designee may approve or approve with conditions if it is found that the application is in the public convenience and necessity of the public. The application shall be denied if it is found that the application is not in the convenience and necessity of the public. (Ord. 1997-9, § 1, 1997).

10.38.050. APPEAL. The decision of the Director or designee may be appealed to the Planning Commission and the City Council in the same manner for appeals as set forth in Chapter 27.08. (Ord. 1997-9, § 1, 1997).

10.38.060. DIRECT REFERRAL TO PLANNING COMMISSION. If the Director of Community Development or designee finds that any application under this Chapter involves an unresolved city policy issue or that there is a public controversy regarding the application, the Director or designee shall refer the application to the Planning Commission for hearing/and action. (Ord. 1997-9, § 1, 1997).