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

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 held on 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 - DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY: 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 the Buckhorn Club at 150 North Main Street, Lakeport California. Conduct workshop regarding 2013-2014 budget. Pursuant to Government Code Section 54956.9 (Anticipated Litigation): one case.

2. BUDGET WORKSHOP: 3. CLOSED SESSION:

Dated: April 25, 2013

____________________________________ Janel Chapman, City Clerk

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Buckhorn Club Liquor License Premises to Premises Transfer SUBMITTED BY: Brad Rasmussen, Chief of Police PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 04/30/2013

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: The City Council is being asked to consider making a determination regarding public convenience or necessity 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 their new location, 150 North Main Street, Lakeport, CA. BACKGROUND: Logan Weiper currently owns the Lakeport business known as the Buckhorn Club. Mr. Weiper closed the business, 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 to surrender his ABC liquor sales license pending a new ABC application and review process for a premises to premises 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 from the 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 a statutory 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 North Main 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 which has 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-sale liquor 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 one district. 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 public convenience 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. Weiper also submitted a letter to the Lakeport City Council (attached) which outlines his request for support in this matter. 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 use that residents, business professionals and tourists can conveniently access. As you are well aware many
Meeting Date: 04/30/2013 Page 1 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 positive and appealing image for the businesses as well as participating in the improvement of the community. The new location provides a bright and inviting atmosphere for patrons. In addition, numerous prominent community members are in support of my business moving into a new enhanced location. I have also personally 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 a great desire to enhance the business and run it in a safe and orderly manner. We do not believe that alcohol sales 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 has communicated to city staff that they do not currently plan to re-open the previous location as a liquor sales establishment, 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 public convenience 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 license 2. Determine that public convenience or necessity would not be served by the issuance of the requested license 3. 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 the Buckhorn Club at 150 North Main Street, Lakeport California.

Attachments:

Letter to City Council from Logan Weiper Letter from ABC

Meeting Date: 04/30/2013

Page 2

Agenda Item #1