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HomeMy WebLinkAbout30-Council Office 'CI+; OF SAN BERNARDIh.<> - REQU~ FOR COUNCIL AC"Hb~-" From: Councilwoman Valerie pB~~:JLiiJ.:MlHeQb)ect: ABC License - 1455 Highland Ave. Dept: Council Office ,," I"J'" -5 r" !,,': Ii ,,,,jl " ',' . ,.. , r;Y DaU: 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. Recommeno: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. / " - / (---/, ,,' P , " Signature Contact person: Phi 1 n.r"'i7; '7r'l Phone: ,R4-<;?nll Supporting data attached: YP~ Ward: ~iy FUNDING REQUIREMENTS: Amount: N/A Source: Finance: Council Notes: 75-0262 AQenda Item No. 30 L .....' -r:)pf'i (\/ CI - -")-- c;c:, - f".'(-, ~('- , ,) 7'<... - '_' __) r- --,- ;r' fir BERNARDINO po, BOX 1559. SAN BERNARDINO. CALIFORNIA 92401-1559 POLICE DEPARTMENT August 7, 1986 Tom Keasling, District Administrator Alcoholic Beverage Control 303 W. Third, Room #209 San Bernardino, CA 92401 Dear Tom: I 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 condition. Contact with your office revealed that this approach is not possible. .r;:;c'"'-= ::.J -: PLEASE ADDRESS ALL CORRESPONDENCE TO CHIEF OF POlice TELEPHONE,3B3.5011 OFFICE OF THE CHIEF OF POLICE I / c ,..-,." \....- "'.,-..... , i oJ Tom Keasling 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 removal 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 1 cox C .. OEFORE TIlE:'; ,. DEPARTMENT OF ALCOHOUC BEVERAGE CONTROL OF 11IE STATE OF CALIFORNIA 1M 'lID MAna f1' 111& Application of: STOCKBERGER, Edwin R. , Roxann H. dba: Your Market 1455 Highland Ave., Unit 101 San Bernardino (IN) 92411 San Bernardino County FlU 20- '. Iblc. For issuance of an Off Sale Beer , Wine License UDder the Alcoholic Beverage Conbol Act. PETITION FOR CONDITIONAL LICENSE WHEREAS, Petitioners have filed an application for the issuance of the above-referred-to license for the above-mentioned premises: and, KHEREAS, the prop~ed premises is located within the immediate vicinity of resid~ces and a church: and, ~~HEREAS, issuance of a license without cDnditions 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 condltiona1 license as follows, to-wit: 1. No a1coho:ic beverages shall be consumed on any portion 0: 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 ?errnitted 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 '.lne shall be sold in containers of less than 750 ML, other th~n }re-~ixed wine cooler type beverages. / . ' ., ' ..c..". ....... /'..... "''''-~ _.. - . .- .-- r- . .......... tition for Conditional License 1~~~e!E'![L_!~~!~_!~_i_!2!!n~~!~------------------------__!!i!_~_ . v , 5. No beer ahall be sold 1n quantities of less than aix-packs other than quart bottles. .' . , - , 6. Sales of alcoholic bever<<TJei-~ be permitted only between the hours of 6:00 a.m',to 12:00 m1~night each day 01 ~he- veekl ." ~,' . ''',1 I",. ....: .." I This peti tion for condi tion'al license is made pur suant to the pro- '..E visions of Sections 23800 through 23805 of the Business and Professions Code.' .,. ..... .tt' I .. ~ , , .. . .... ~ ~ Petitioners "agree-to 'retain . copy of at all times, an~ vill be prlpared to the request of any peace officer. ' , . . #..... . ~ . .. . . .. petitioners stipulate 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 premises is located, to justify reconsideration of the need for the continuation of such conditional restrictions. , this petition on tbe premises produce it immediately upon .', :J The petitioners understand that conditions shall be grounds for the license. f Dated this i'l f.4 day, of A7vs t any violation of the foregoing the suspension or revocation of . , 1986. '[/1 ........~) / .' ~_.! :~ . -G:'-;~ ,t ~- Stockberger, 'Edwl R. Applicant, Petitioner ~ . ~ , 'i I ' \ -It. I,ll c... _ ({r';;l~-i-, - , t\:,..{..( ~ Sto~kberger, Rox~nn H.' Applicant, Petitioner " . , .., '0' .. J ~_!.. ./' -- , . ,> " ';". .'