Introduction:

Recognizing that over concentration of liquor licenses (Alcoholic Beverage Control licenses) can contribute to criminal and other adverse behavior in neighborhoods, the legislative added section 23958.4 to the Business and Professions Code in the early 1990s. This section allows the state department of Alcoholic Beverage Control (ABC) to consider over concentration as part of the application review process. In over concentrated areas, ABC requires the local governing body to make a determination that the Public Convenience and Necessity (PCN) will be met by the issuance of an ABC license (for certain license types).

The following policies and procedures apply when an Applicant is referred to the City of Modesto, as the local governing body, by ABC for a determination of Public Convenience and Necessity, pursuant to §23958, et seq and §23817.5-§23817.8 of the California Business and Professions Code. These policies and procedures describe the application, research, hearing and appeal process associated with processing an application for Public Convenience and Necessity.

An application for a transfer or location change will be handled in the same manner as a new PCN, pursuant to these policies and procedures. Individuals applying for a transfer may be required to obtain letters from nearby residents and business owners that might be impacted by the approval of the transfer.

The City shall make the final determination as to whether or not a proposed PCN request will be approved or denied under the provisions/conditions set forth by this policy and in accordance with the designated Hearing Officer's decision.
 

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