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043013 Lakeport City Council Special Meeting Packet

043013 Lakeport City Council Special Meeting Packet

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Published by LakeCoNews
Agenda packet for the special meeting of the Lakeport City Council in Lakeport, Calif., on Tuesday, April 30, 2013.
Agenda packet for the special meeting of the Lakeport City Council in Lakeport, Calif., on Tuesday, April 30, 2013.

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Published by: LakeCoNews on Apr 26, 2013
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11/20/2013

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TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF LAKEPORT:
 
NOTICE IS HEREBY GIVEN
that a Special Meeting of the Lakeport City Council is hereby called to be heldon
Tuesday, April 30, 2013, at 5:30 p.m.
in the Council Chambers located at 225 Park Street, Lakeport,California, for the purpose of discussing and acting on the following:
1. BUCKHORN BAR - DETERMINATIONOF PUBLIC CONVENIENCE ORNECESSITY:
Make a determination that public convenience ornecessity would be served by the issuance a Type-48 OnSale General Public Premises Liquor sales license to LoganWeiper for the Buckhorn Club at 150 North Main Street,Lakeport California.
2. BUDGET WORKSHOP:
Conduct workshop regarding 2013-2014 budget.
3. CLOSED SESSION:
Pursuant to
Government Code
Section 54956.9(Anticipated Litigation): one case.
 
Dated: April 25, 2013 ____________________________________Janel Chapman, City Clerk
AGENDA
NOTICE AND CALL OF SPECIAL MEETING
 
OF THE LAKEPORT CITY COUNCIL
Tuesday, April 30, 2013, 5:30 p.m.City Council Chambers, 225 Park Street, Lakeport, California 95453
 
 
Meeting Date: 04/30/2013 Page 1 Agenda Item #1
 
CITY OF LAKEPORT
City CouncilCity of Lakeport Municipal Sewer District
STAFF REPORT
RE:
Buckhorn Club Liquor License Premises to Premises Transfer
MEETING DATE:
04/30/2013
SUBMITTED BY:
Brad Rasmussen, Chief of Police
PURPOSE OF REPORT
: Information only Discussion Action Item
 WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:
  The City Council is being asked to consider making a determination regarding public convenience ornecessity being served with respect to a California Department of Alcoholic Beverage Control (ABC) Type 48 On Sale General Public Premises liquor sales license being issued to the Buckhorn Club at theirnew location, 150 North Main Street, Lakeport, CA.
BACKGROUND:
Logan Weiper currently owns the Lakeport business known as the Buckhorn Club. Mr. Weiper closed thebusiness, which was located at 357 North Main Street, to move to another location in the City of Lakeport with the goal of enhancing the business. Since the original location was closed, Mr. Weiper was required tosurrender his ABC liquor sales license pending a new ABC application and review process for a premises topremises transfer to the new location.Mr. Weiper has secured a new location for the Buckhorn Club at 150 North Main Street and is currently  working on the building renovation. ABC may issue the premises to premises transfer with a finding fromthe City Council that determines public convenience or necessity would be served by the issuance.California Business and Professions Code (BPC) Section 23958.4 was enacted to define and establish astatutory standard for "undue concentration" of licenses in a given area; and procedures for determining  where license issuance would meet public convenience and necessity. The proposed location at 150 NorthMain Street has been identified as being situated in a census tract division which is either over concentrated with the particular license type applied for; and/or found to be located in a crime reporting district whichhas a 20 percent greater number or reported crimes than other reporting districts within that particular law enforcement jurisdiction. In this case the issue in question relates to an "undue concentration" of on-saleliquor licenses in the given area. The Lakeport Police Department does not have separate crime reporting districts within the City of Lakeport and the only crime statistics maintained are for the entire city as onedistrict.Notwithstanding section 23958 BPC, ABC may issue the Type 48 license applied for as follows: The City Council (local governing body) of the area in which the applicant premises are located determines publicconvenience or necessity would be served by the issuance.
DISCUSSION:
Police management met with Mr. Weiper and reviewed his business plan for the new location. Mr. Weiperalso submitted a letter to the Lakeport City Council (attached) which outlines his request for support in thismatter. Mr. Weiper states, "The transfer of a type 48-license to the premises at 150 N. Main St. will not only enhance the economic diversity of downtown Lakeport, but will also promote a neighborhood serving usethat residents, business professionals and tourists can conveniently access. As you are well aware many 
 
Meeting Date: 04/30/2013 Page 2 Agenda Item #1
 
businesses on Main St. have recently closed and buildings are sitting vacant. While I have vacated a building myself, I did try to undertake the great task of creating an appealing storefront during the time I was there. Transferring the existing license to this new location will be valuable to the progression of the City of Lakeport. The business will be family owned and run, and we will strive to create and maintain a positiveand appealing image for the businesses as well as participating in the improvement of the community. Thenew location provides a bright and inviting atmosphere for patrons. In addition, numerous prominentcommunity members are in support of my business moving into a new enhanced location. I have alsopersonally spoken with Lakeport Police and they, as well, are in support of the business opening." The Lakeport Police Department worked with Mr. Weiper at his previous location and found that he had agreat desire to enhance the business and run it in a safe and orderly manner. We do not believe that alcoholsales at the new location will create any increased crime. The new location is on the same street and only two blocks away from the previous location. The building owner at the previous location hascommunicated to city staff that they do not currently plan to re-open the previous location as a liquor salesestablishment, but rather convert it to another type of business use.Based upon a review and discussion of Mr. Weiper's business plan and all the facts associated with this issue,Lakeport Police management recommends that the Lakeport City Council make a determination that publicconvenience or necessity would be served by the issuance of the type-48 ABC license requested.
OPTIONS:
1. Determine that public convenience or necessity would be served by the issuance of the requested license2. Determine that public convenience or necessity would not be served by the issuance of the requestedlicense3. Take no action
FISCAL IMPACT:None
 
$ Account Number:
 
Comments:
 
SUGGESTED MOTIONS:
I move that the City Council make a determination that public convenience or necessity would be served by the issuance a Type-48 On Sale General Public Premises Liquor sales license to Logan Weiper for theBuckhorn Club at 150 North Main Street, Lakeport California.
 Attachments:
Letter to City Council from Logan WeiperLetter from ABC

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