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
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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
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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.
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