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Session 1316, Minutes Page 3 October 11, 1982 Mr. A. Ross, owner of the All in One Food Shop, was asked to come forward. Respond- ing to Mrs. Metcalfe, Mr. Ross said the store hours were from 8:00 a.m. to 11:30 p.m. He said the taverns in the area did not sell beer in six-packs, even though they were allowed to do so, and none objected to his having a package beer license. In response to Mayor Mooney, Mr. Ross said his store has been in operation for about 75 days, and that he had a three-year lease. He said many of his patrons were very anxious that he have a beer license, and he could not understand how so many signatures had been acquired on the petitions. Mrs. Metcalfe said she felt that selling packaged beer along with food was usually a fairly routine thing to do for a market; however, most of those markets close at an earlier hour than the All in One, and she could understand the neighborhood con- cern. She asked if this district was zoned LC (Limited Commercial), and Mr. Ollen- dorff said it was GC (General Commercial) with some industrial zoning. He noted that he had recommended approval because the application met all City requirements, and also because he thought it was the Council's policy to approve when the license was in a highly commercialized area, and to disapprove if it was in the middle of a resi- dential area, which this is not. Mr. Lieberman's motion died for lack of a second. Mrs. Thompson moved approval of the application. There was no second. Mr. Adams said it was a very difficult decision, and that he was uncomfortable with the fact that ice cold beer would be sold until a late hour, making it easier to buy and then drink nearby. He said he would be more amenable to approving the ap- plication if the store were not open so late. Mrs. Metcalfe said it would normally make sense to approve a package beer license in a commercial area; however, Mr. Lieberman and the neighborhood had two legiti- mate points--very little other than beer would likely be sold after 9:00 p.m. and that sale of iced beer would tend to encourage intrusion of the neighborhood by those drinking the cold beer they had just bought. There was brief discussion on what constituted a package, and it was brought out that the legal definition was three or more cans/bottles. Since Council could not reach a consensus and also since one councilmember was ab- sent, Mr. Lieberman moved that the matter be postponed until October 25. Mr. Schoomer said his concern was that the applicant had not been in business long enough to have established enough of a record to enable Council to make an informed decision. He pointed out that obtaining a liquor license was a privilege and not a right. He seconded Mr. Lieberman's motion, adding that if a motion to defeat was introduced he would second that with the understanding that the applicant was free to apply again in six months. All voted Aye on Mr. Lieberman's motion. CONDITIONAL USE - 8130 DELMAR The City Manager said an application from Cities Service (CITCO) for a conditional use permit to operate a self-service gas station and convenience store at 8130 Delmar