Nick

FACTS AND PROCEDURAL HISTORY

7-Eleven operates a convenience store in the City that sells a variety of grocery, food, and other convenience items, including 7-Eleven’s exclusive brand of certain items. Seeking to expand its offerings, 7-Eleven applied to the Department for an “off-sale” beer and wine license, which is a license to sell beer and wine for consumption off the premises. In its initial investigation, the Department determined that granting 7-Eleven’s request would result in an undue concentration of licenses because three other stores in the same census tract already held off-sale beer and wine licenses, including a gas station and convenience store Nick owned and operated across the street from 7-Eleven’s store. The Department therefore required 7-Eleven to obtain a determination from the City that issuing the license would serve public convenience or necessity.

3 Acting on 7-Eleven’s request, the City’s Director of Development Services investigated the matter and concluded that issuing the license would serve public convenience or necessity. Nick appealed that determination to the City’s Planning Commission and then to the City Council. The City Council conducted a…