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HomeMy WebLinkAbout26- Council Office CITY OF SAN BERNI WINO REQUEST F�, A COUNCIL ACTION From: Councilman Jerry Devlin Subject: Support of AB 2897 Dept. Council Office Date: April 11 , 1994 Synopsis of Previous Council action: Recommended motion: To direct the City Attorney to form a resolution in support of AB 2897 - a Bill addressing the overconcentration of alcohol outlets in inner-city neighborhoods - and forward same to our Legislators. Signature Contact person: Phil Arvizo Phone: 5208 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: Source:(Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No COMMITTEES: SACRAMENTO OFFICE: Finance&Insurance,Vice Chair State Capitol judiciary {%� � Sacramento,CA 95814 Revenue and Taxation CA - (916)445-4843 Cons.Pmhcoum,Govemmental X11alif yrnin � Irgisl turr. Jim Gelb Efficiency&Economic V'ca 444V 4 4a ai Ciri R44i - Chief of Staff D;velopment -' - -. DISTRICTOFFICE: LOUIS CALDERA 304s Broadway ASSEMBLYMEMBER.FORTY-SIXTH DISTRICT Suite 580 Los Angeles,CA 90013 (213)680-4646 Jeri Okamoto March 30, 1994 District Director Honorable Jerry Devlin San Bernardino City Councilmember 300 D Street San Bernardino, CA 92418 Dear Honorable Jerry Devlin: I am writing to request your support for Assembly Bill 2897 , which addresses the over-concentration of alcohol outlets in inner-city neighborhoods. Areas of over-concentration experience many difficulties, including higher crime, public urination, public drunkenness, loitering, and drunk driving. Unfortunately, many of these same areas lack supermarkets and family restaurants, thus further lowering the quality of life. AB 2897 seeks to alleviate these problems by offering a realistic strategy that gives local governments more control over the issuance of new liquor licenses and premises-to-premises transfers in over-concentrated areas. Currently, an applicant whose premises are located in an area identified as unduly concentrated can still receive a license from the Department of Alcoholic Beverage Control (ABC) . AB 2897 would prohibit the ABC from issuing a retail liquor license to any applicant whose premises are located in an over- concentrated area, unless the local government determines that the issuance of such a license would serve a community need. AB 2897 will enable local communities to bring much needed supermarkets and similar establishments into their neighborhoods, as opposed to just another alcohol outlet. Please join me in this effort to bring responsibility and positive development to our communities. Sincerer (9928) OUIS CALDERA Pnnted on Recycled Paper d 03/24/94 3: 37 PM RN9407928 PAGE 1 Substantive AMENDMENTS TO ASSEMBLY BILL NO. 2897 Amendment 1 In line 1 of the title, strike out "add Sections 23007 .5 and 25241 to" and insert: amend Section 23958 of, and to add Section 23958.4 to, Amendment 2 On page 1 , strike out line 1 and insert: SECTION 1 . Section 23958 of the Business and Professions Code is amended to read : 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further may shall deny an application for a license if issuance of etch that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses and the applicant fails to show that public convenience er necessity wotid be served by etch issuance. This section shall take effect January 1 , 1984. SEC. 2. Section 23958.4 is added to the Business and Professions Code, to read: 23958 .4. (a) For purposes of Section 23958, "undue concentration" means the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: ( 1 ) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c) , than the average number of o reported crimes as determined from all crime reporting districts a within the jurisdiction of the local law enforcement agency. ( 2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or C L 03/24/94 3:37 PM RN9407928 PAGE 2 Substantive census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. (b) Notwithstanding Section 23958, the department may issue a license if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. (c) For purposes of this section, the following definitions shall apply: ( 1 ) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) , that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. ( 2 ) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. ( 5) "Retail licenses" shall include the following: (A) Off-sale retail licenses: Type 20 (off-sale beer and wine) and type 21 (off-sale general) . (B) On-sale retail licenses: All retail on-sale licenses, except Type 43 (on-sale beer and wine for train) , Type 44 (on-sale beer and wine for fishing party boat) , Type 45 (on-sale beer and wine for boat) , Type 46 (on-sale beer and wine for airplane) , Type 53 ion-sale general for .train and sleeping car) , Type 54 (on-sale general for boat) , Type 55 (on-sale general for airplane) , Type 56 (on-sale general for vessels of more than 1 , 000 tons burden) , and Type 62 (on-sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement) . (6) The number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. HIGH DENSITY OF ALCOHOL OUTLETS: AN URBAN AFFLICTION • Alcohol outlets are over-concentrated in low-income urban communities. South Central Los Angeles has over 700 liquor stores. The state of Rhode Island, with a population three times that of South Central Los Angeles, has only 228 liquor stores. As of 1990, West Oakland had one liquor outlet for every 295 people, while the more affluent North Oakland Hills/Piedmont area had one outlet for every 2, 997 residents. San Francisco's Mission district has one alcohol outlet for every 96 residents. The Downtown San Jose area has 4 .56 alcohol outlets for every 1 , 000 residents, a density four times greater than the more affluent surrounding areas. • Higher crime rates are associated with areas of over- concentration. A study in Santa Clara County found that areas with the highest number of alcohol outlets also reported the highest number of crimes. • High alcohol outlet density deters new businesses. A Consumers' Union study concluded that over- concentration of liquor stores results in more crime against neighborhood businesses. • High concentrations of alcohol reduce quality of life. High concentrations of alcohol outlets breed loitering and harassment of passers-by. [5498]