CC Resolution No. 9693 RESOLUTION NO. 969
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING THE CITY MANAGER TO MAKE
FINAL DETERMINATION WHETHER PUBLIC CONVENIENCE
AND NECESSITY WARRANT ISSUANCE OF AN ALCOHOLIC
BEVERAGE LICENSE IN CERTAIN CIRCUMSTANCES.
WHEREAS, Section 23958.4 of the Business and Professions Code was added in
1994 to define "undue concentration" of alcoholic beverage licenses and to establish the
procedure for determining if public convenience and necessity warrant the issuance of a
license notwithstanding a determination that there is an undue concentration of licenses;'
and
WHEREAS, with the exception of retail licenses issued for beer manufacturers or
winegrowers, the determination of public convenience and necessity for all other retail
licenses will be determined by the local governing body; and
WHEREAS the local governing body may elect to delegate the duties of
determining public convenience and necessity;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino that the task of determining "public necessity and convenience" shall be
delegated to the City Manager.
PASSED AND ADOPTED at regular meeting of the City Council of the City of
Cupertino this 3rd day of September , 199.6_, by the following
vote:
Vote Members of the City Council
AYES: Bautista, Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk~'
Mayor, City of Cupertino