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Home My WebLink About26-Council Office CI("Y OF SAN BERNARDI-,O - REQUF$T FOR COUNCIL AC-W:ION From: Councilwoman Va) erie P';~&:Il:u~N~Qb1ect: ABC License - 1455 Highland Ave. Dept: Council Office "_ ~7 l:~f.' r~ r-' !. v r"Y Date: November 5, 1987 Synopsis of Previous Council action: 11-2-87 The Mayor vetoed the motion that the single container sales restriction be lifted from the business located at 1455 Highland Avenue, San Bernardino, as she feels great concern over the potential problems caused by the sale of single container alcoholic beverages. Recommen<:led motion: Request to discuss and possibly take appropriate action regarding the conditions established by the Alcoholic Beverage Control Board relative to the request of Mr. Ed Stockberger for an ABC License for his market at 1455 Highland Avenue. ( /" / /~ Signature Contact person: Phil nrui7.{) Phone: <R4-<;?08 Supporting data attached: YP~ Ward: ~iv FUNDING REQUIREMENTS: Amount: N/A Source: Finance: Council Notes: 75.0262 Agenda Item No, ~~. , '- '-, - " ) , K IJ()1). I - ,--- <<'c- ,r1l. ,'-I C '-"" "-) -- '-' (......) , ;r' r;r BERN ARD IN 0 po, BOX 1559, SAN BERNARDINO, CALIFORNIA 92401,1559 POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE August 7, 1986 Tom Keasling, District Administrator Alcoholic Beverage Control 303 W. Third, Room #209 San Bernardino, CA 92401 Dear Tom: [ have had the opportunity to meet with Mr. Ed Stockberger, who has applied for an ABC license related to the location of 1455 Highland Avenue, Unit 101. After two meetings with Mr. Stockberger, I am convinced that one of the six conditions proposed for the license is too restrictive. That condition is number six. If a 7-11 Market was applying for the license, it is not likely that we could impose this condition reasonably since their operations are 24-hour businesses. Mr. Stockberger has agreed that he will accept a closing time of 12:00 midnight everyday of the week. I have agreed that there should be no problems if he opens his business each day at 6:00 a.m. I would appreciate reconsideration of condition number six and a modification that would allow Mr. Stockberger's Market to operate seven days a week from 6:00 a.m. to 12:00 midnight. Mr. Stockberger still believes that the restriction prohibiting the sale of canned beer in quantities of less than six-packs is detrimental to his ability to make the business as profitable as possible. I suggested to him that he begin his business with that condition and after approximately six months, if the shopping center is not troublesome, that I may ask that the condition be suspended for a period of six months. During that time, we would evaluate the need to continue the conditio". Contact with your office revealed that this approach is not possible. .r,. _:-:::J - PLEASE "ODRESS ALL CORRESPONDENCE TO CHIEF OF POLlC: TELEPHONE,3B3.5011 i / c c -, --..I .....) Tom Keas 1 i og Page 2 August 7, 1986 I learned that the applicant may petition to have a condition removed or modified after operating with the ABC license for one year. I will be ~assing that information along to Mr. Stockberger by forwarding a copy of this letter to him. Should Mr. Stockberger decide to petition for remo,al or modifica- tion of condition number five, after one year's operation, this department will evaluate that request and provide your office with our position in the matter. Thank you for your cooperation and consideration. cgr cc: E. Stockberger Vice - SBPD Mayor I~i I cox . C' I' BEFORE 1'HE, - , . ,.. DEPARTMENT OF AI:cOHOlJC BEvERAGE CONTROL-> OF TIlE STATE OF CALIFORNIA 1M 'IBIt MATraI 01' 'IBIt Application of: STOCKBERGER, Edwin R. , Roxann H. dba: Your Market 1455 Highland Ave., Unit 101 San Bernardino (IN) 92411 San Bernardino County 20- '. Flu be. For issuance of an Off Sale Beer , Wine License UDder the Alcoholic: BeveRle Control Act. PETITION FOR CONDITIONAL LICENSE WHEREAS, Petitioners have filed an application for the issuance of the above-refer red-to license for the above-mentioned premises; and, KHEREAS, the prop~ed premises is located within the immediate vicinity of residences and a church; and, :':HEREAS, issuance of a license without c(>!'lditions could interfere with the peace and quiet enjoy~ent of the"r property by the nearby residents and parishioners of the church: NOW, THEREFORE, the undersigned petitioners do hereby petition for a conditional license as follows. to-wit: 1. No alcoholic beverages shall be consumed on any portion of t~e licensed premises or any portion of the property adjacent v thereto which is under the control of the licensee. 2. No loitering shall be ?ermitted on any property adjacent to the licensed premises which is under the control of the licensee. .~.:, 3. The petitioner shall be responsible for maintaining free of ~ litter the area adjacent to the premises over which he has control. 4. No ~ine shall be sold in containers of less than 750 ML, other th~n Jre-mixed wine cooler type beverages. / , ' -. ' ...c.t.,. ......' . --. tition for Con~itional -.c.n.. ~ ~ !~2S~2!~i![&_!~!1~_!~_~_!2!!nn~!~------------------------__!!9!_~_ . . . , S. No beer shall be .ol~ in quantiti.s of le.. than six-packs , other th.n qu.rt bottle.. ",' 6. Sales of alcoholic bever<<tjes "..n.W be permi tte~ only between the hours of 6:00 ..m. to 12:00 mi~night e.ch d.y of the' \. ,.,~ ,,' . week,." ~....,' . ':;,-'; l"," .... -:..;~ , This petition for conditional license is made pursuant to the pro- ,..~ visions of Sections 23800 through 2380S of the Bu~iness and Professions Code. ,.. '. ,'" , ,t...... .. Petitioners' agreehto 'retain. copy of at all times, an~ will be prlpared to the request of .n~ p'eace officer. .... '. . . ~ - , this petition on the pTemises produce it immediately upon . > .. -.... petitioners stip~iate and agree that they'will not apply to the Department for remOval of the conditions as herein set forth unless sufficient ch,nges occur, in the areas in which the licensed ~remises is located, to justify reconsideration of the need for the continuation of such conditional restrictions. The petitioners understand that conditions shall be grounds for the license. Oated this i'l fJ dL, Of!lv~JS t any violation of the foregoing the suspension or revocation of , , 1986. 'I/J ........//.' ".!.Z ' --~.~ t~- GSt~:kberger, 'Ed..n R. Applicant, Petitioner ~ .. 'J l~ . ( f!'i 'rl~~ f.{, '. -It l H.l! ~ Sto~kberger, Rox~nn H.' Applicant, Petitioner " , . ...j ',' , " ~!.. ~...-, " ;. .' .