Determination of Public Convenience or Necessity Application Submittal Checklist

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Truckee Community Development Department - 10183 Truckee Airport Road, Truckee, CA 96161 (530) 582-7700; [email protected]

DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR ISSUANCE OF AN ALCOHOL LICENSE INFORMATION SHEET

GENERAL INFORMATION

A Determination of Public Convenience and Necessity is required for liquor license applicants that have been denied or may be denied by the Department of Alcoholic Beverage Control pursuant to AB2897 (the Caldera Bill). This information sheet explains how to submit an application for a determination of public convenience or necessity, how it will be processed, and what fees you must pay. If you have any questions after you have read this information, please contact the Planning Division.

In 1994, the State of California Legislature passed AB2897 (the Caldera Bill) and amended the State Business and Professions Code Section 23958 which requires the Department of Alcoholic Beverage Control to deny an application for a liquor license “if issuance of that license would tend to create a law enforcement problem, or if the issuance would result in or add to an undue concentration of liquor licenses.” An undue concentration is defined as follows:

• The premises of the proposed license is located in an area that has 20 percent more reported crimes than the average number of reported crimes for the City as a whole; or

• The premises of the proposed license is located in a census tract where the ratio of existing retail on-sale/retail off-sale licenses to population in the census tract exceeds the ratio of retail on- sale/retail off-sale licenses to population in the County of the proposed premise.

If the Department of Alcoholic Beverage Control has determined that there is an undue concentration of liquor licenses, applicants may request that local jurisdictions determine whether public convenience or necessity would be served by the issuance of these licenses and inform the Department of Alcoholic Beverage Control.

REVIEW AND APPROVAL AUTHORITY

The Community Development Director shall determine public convenience or necessity for alcoholic beverage license applications. The following criteria and procedure shall be used in making such determinations:

• The Truckee Police Department shall review all applications and determine that the issuance of the license will not negatively influence the rate of criminal activity in the neighborhood in which the establishment is located.

• The Town shall determine that issuance of the license is compatible with the neighborhood character, including:

a. Proximity and number of other retail outlets selling alcohol.

b. Proximity of the retail outlet to schools, playgrounds, and other facilities serving young people.

c. Proximity of the retail outlet to residential neighborhoods.

d. Whether the retail outlet provides: (1) a wide range of desirable goods and services; or (2) a unique type of goods or services.

e. If potential conflicts are identified by staff, notice of the Director’s intent to take action on the issuance of the Zoning Clearance would be mailed or delivered as outlined in Section 18.72.030 (Review and Decision).

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Determination of Public Convenience or Necessity Information Sheet, 1/1/2022 Page 2

• The Town has verified that the establishment for which the alcoholic beverage license is requested has no land use, building code, or health code violations, and is permitted by the applicable use regulations of the Town of Truckee Development Code.

Applicants who are requesting a determination of public convenience or necessity shall submit a Land Use Application for a Zoning Clearance along with the following:

• A copy of the Department of Alcoholic Beverage Control application;

• Floor plan of the establishment and the proposed location of alcoholic beverage storage and/or display; and

• A letter describing the use and justification for why the issuance of an alcohol license should qualify for a determination of public convenience or necessity, the hours of operation, and number of employees.

Applicants that are requesting alcoholic beverage sales, other than beer and wine, shall be required to meet the criteria established in the land use tables in Article II – Zoning Districts and Allowable Land Uses of the Development Code. Determinations for public convenience or necessity would be made as part of the application process should additional land use approvals be required.

The Community Development Director would make a decision, within 30 days of the date of filing of a complete application, as to whether a determination of public convenience or necessity can be made based on the criteria listed above. T

APPEAL

Any decision made by the Community Development Director may be appealed to the Planning Commission within ten (10) days after the action is taken. An appeal must be submitted in writing to the Planning Division along with the appropriate fee.

FEES

The fees for processing the Zoning Clearance application will be based on the actual costs of Town staff time spent on processing the application and any direct costs (e.g., publication notice costs). A fee deposit of $1,000.00 must be submitted with the Zoning Clearance application to cover these anticipated costs. If the actual application costs are less than the fee deposit, the applicant will receive a refund of the unused fees at the end of the application process. If the actual application costs exceed the initial fee deposit, the applicant will be invoiced for additional deposit to cover the costs of processing the application.

SUBMITTAL REQUIREMENTS

The items listed in the “Determination of Public Convenience or Necessity Application Submittal Checklist” must be submitted as part of the application package in order for the application to be considered complete for processing. The signed checklist must also be submitted with the application.

Your application will not be accepted if all of the items listed are not submitted.

The application package may be submitted electronically via email (if less than 15 MB) or Dropbox to [email protected]. The application fee may be paid over the phone with a credit card or by mailing a check to the Planning Division; in-person payments with cash, check or credit card are also accepted at Town Hall. Checks must be made payable to the Town of Truckee. After a planner is assigned to your project, you will be contacted and asked to provide hard copies of the submittal documents as required.

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Determination of Public Convenience or Necessity Information Sheet, 1/1/2022 Page 3

Determination of Public Convenience or Necessity Application Submittal Checklist

Applicant Name: Project Site APN:

Application Number (to be filled out by Town staff)

Applicant must fill out the checklist below by placing a check mark in the boxes listed under Column A (for Applicant) and signing below. Column S is for staff to verify that your submittal requirements have been met.

A S

  1. Completed Land Use/Zoning Application. (The property owner must sign the application or the applicant must submit a letter or other documentation signed by the property owner authorizing the applicant to submit the application.)

  2. Fee deposit. Checks must be made payable to the Town of Truckee; cash and credit cards are also accepted.

  4. Letter of Justification – Provide a letter that discusses the following items:

  a. Justification for why issuance of an alcohol license at the identified location would serve a public convenience or necessity.

  b. Hours of Operation

  c. Number of employees

  4. Copy of the Department of Alcoholic Beverage Control Application

  5. Plan Requirements – The following plans must be submitted with the application. The plans must be of sufficient scale to show all information clearly and must be readable and understandable. If the plans are not legible, the application will not be accepted. One electronic (PDF) copy of the plans must be submitted. The planner assigned to the project will contact you to request hard copies of the electronic documents as required.

  Floor Plans

  1) Separate floor plans for each story including lofts and storage at a scale of ¼” = 1’ or greater

  2) The use (e.g., office, residential, retail, storage) and size of each area or room

  3) The total size in square feet of each floor and the entire structure

  4) The location of doors, windows, and partitions

Applicant Signature:

I certify that I have completed and have included all material checked above in the attached application submittal.