Recommendation to receive and file the application of Binny Shah, dba Prince Market and Deli, for an original application of an Alcoholic Beverage Control (ABC) License at 6401 Cherry Avenue; and, determine the application serves the Public Convenience and Necessity; submit a Public Notice of Protest to ABC; and, direct City Manager to withdraw the protest if a Conditional Use Permit (CUP) is granted.  (District 9)
Thank you. And now we're going to take item 17 from content. Item 17 support to a recommendation to receive and file the application of Prince Market and Deli for an original application of an ABC license at 640123 Avenue determined the application serves the public convenience and necessity. Submit a protest to ABC and directly to manager to withdraw the protest if a conditional use permit is granted. District nine. Vice Mayor Richardson. Yes. Thank you. So with respect to this this license, I'm I'm not supportive of moving forward. And I want to talk with staff about our options. I mean, it's an area that that has an overconcentration of this specific type license. We've done a lot of work, particularly with this operator, around the alcohol abatement ordinance. And so the community is is very sensitive now to the issue of they've communicated with our office that they they are the grant neighborhood is not supportive of moving forward. We also know that it is within 600 feet of a church and within 150 feet of residences. So my question for staff is what our options here are, because I know they have beer and wine currently and I'm okay with status quo. But elevating this to an off sale hard alcohol license is troublesome. What options do we have to protect these and and keep the operation as it is? I can have the police department respond. Honorable Mayor and City Council. Item 17 is an application for a Type 21 off sale General ABC license for a convenience store. This license will authorize the furnishing of beer, wine and distilled spirits to patrons for consumption off the premises. Where saw the police department has conducted our investigation and does not anticipate any adverse impact to the issuance of this license. However, a conditional use. Permit is required for this location. As a result, the police department recommends that a conditional use by a conditional public notice or protest be submitted until the conditional use permit is granted, at which time the protest would be withdrawn. That concludes my report. But to answer the question. Well, if you can then get the question again, sorry. I guess the question is I want the store to not receive the part alcohol license. But what motion should I make not to do that? In order to do it. It would. So the public convenience would be necessary. Public convenience necessary would be required for the establishment. So I believe it would it would be a vote to make a motion for a vote to to deny the application by the council. So far in this in this particular case. This fella, as you mentioned. Councilmember, has a take 20 license for off beer, wine and sales packaging. They, however, are grandfathered in to sell single servings of alcohol for consumption off premises. The condition for this type 21 would be that they would lose that that form or condition that they have that they were allowed to sell the single serving. So there's a number of. Conditions that would be on this new license with the type 21, one of which would be that they would no longer be able to sell the single serve servings of alcohol, which they're currently grandfathered into. DO. Okay. I think I understand what you're saying. So so I understand what I need to do with my motion. So I do not think that we should exchange the condition to no longer sell single singles in exchange for expanding license include up part alcohol. So my motion is that is to deny the application and and claim that this does not serve the public convenience and necessity based on high crime, overconcentration of light of licenses, residences within 100 feet and a church within 600 feet. And so that would be my motion. Okay. Can I get a second on that motion, please? If someone can queue up on a second for the motion, please. Okay. Councilman sorrow. Is there any public comment? There's no public comment for this item. We'll call that, please. Councilwoman sandy has i. Councilwoman ellen. I. Councilman Price. I. Councilman Sabrina. Hi. Councilwoman Mongo. I. Councilwoman Sara. I. Councilmember Whitaker. Hi. Councilman Austin. Vice Mayor Richardson. All right. Bush and Kerry. Okay. That concludes all the campaign items. We will now go to general public comment. And Madam Kirk, I'll let you take it away and go to the public comment. Thank you.