TITLE VII - SECTION 7900

Section 900 - Public Convenience and Necessity Determinations

I. General

The California Department of Alcoholic Beverage Control (ABC) is responsible for issuing alcoholic beverage licenses. In 2005, Santa Cruz County was determined by the ABC to be a Moratorium County, one in which the ratio of off-sale beer and wine licenses exceeds one for every 2,500 inhabitants. This determination is reconsidered every five years. The ABC may approve an application for an off-sale beer and wine license in moratorium areas if the local governing body of the area in which the applicant premises are located determine that public convenience and necessity would be serve by the issuance [(Business and Professions Code, 23817.7(3)].

The Board of Supervisors has authorized the County Administrative Officer to coordinate this procedure for responding to any applications for alcoholic beverage licenses that require a finding of public convenience or necessity.

II. Public Convenience and Necessity Determination

a. The State Department of Alcohol Beverage Control (ABC) will review applications for alcohol beverage licenses and determine whether the license requires a local determination of public convenience or necessity. If the local determination is required, the ABC will refer the application to the office of the County Board of Supervisors.

b. The Board’s administrative staff will forward the application to the County Administrative Officer for review, with copies for each supervisor.

c. The County Administrative Officer will distribute copies of the application to the Health Services Agency, the Planning Department, the Sheriff’s Office, and to any other pertinent departments with a request for review and comments.

d. After all parties have reviewed the application and provided their comments, the County Administrative Officer will draft a finding relative to public convenience or necessity and circulate the a tentative decision to each member of the Board of Supervisors for review prior to issuance.

e. If there is not controversy, the finding will be issued. If conflicts arise, the County Administrative Officer will establish a review mechanism.

f. Subsequent to a further review, the County Administrative Officer will determine whether the issues of conflict have been mitigated and if additional procedural steps are required.

III. Incidental Wine Tastings

a. Requests to ABC for licenses for incidental tastings in retail establishments require the applicant to provide an affidavit filled out by the Planning Department with regard to the use's compatibility with zoning and use permits (ABC-255 Zoning Affidavit).

b. When an application for a zoning and use permit is received, the Planning Department will determine whether the applicant has a master use permit. If no master use permit exists, the applicant will need to apply for an overall use permit before a Level 1 permit would be considered.

c. If the applicant has a use permit, the Planning Department will process the request for a Zoning Affidavit as a Level 1 permit.

d. The Planning Department will require a sketch from the applicant showing the location of the tasting area in the retail establishment.

e. The Planning Department will place conditions on the permit that will provide a mechanism for the County to condition the use to ensure that it remains incidental to the main use and a mechanism to enforce if it does not.

Typical conditions for the Level 1 permit will include: no seating or tasting of food in the tasting area; no outside advertising of the tasting events; limiting the size of the tasting area; and making it clear that the use will not be authorized until the applicant receives the ABC permit.

f. After the Planning Department has provided a Zoning Affidavit verifying the use's compatibility with zoning and use permits to the Department of Alcohol and Beverage Control, the ABC will transmit a request for a Public Convenience and Necessity review to the County Administrative Office for review. At that point, the County Administrative Officer will follow the standard procedures for issuing Public Convenience and Necessity determinations.

g. If Public Convenience or Necessity is determined, the County Administrative Officer will request ABC to impose the same conditions on the license as the Planning Department imposed on the Level 1 permit.