HomeMy WebLinkAbout26- Planning Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael E. Hays, Director Subject: Determination of Public Convenience or Necessity
for Type 20 Liquor License for the Dairy Country
Dept: Planning & Building Services Store located at 869 E. Rialto Avenue
Date: November 5, 1996 MCC Date: November 18, 1996
Synopsis of Previous Council Action: ORS
N/A
GIN
Recommended Motion:
That the Mayor and Common Council deny the request for a determination that the public convenience
or necessity is served and direct Planning and Building Services to prepare a letter stating this to the
Department of Alcoholic Beverage Control for a Type 20 liquor license for e Dairy Country Store
located at 869 E. Rialto Avenue.
ichael 4 Hays
Contact person: Michael E. Hays Phone: 384-5357
Supporting data attached: Staff Report Ward(s): 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. �--
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
REQUIRED DETERMINATION OF PUBLIC CONVENIENCE/NECESSITY;
TYPE 20 OFF-SALE BEER & WINE LICENSE FOR THE EXISTING DAIRY
COUNTRY STORE LOCATED AT 869 EAST RIALTO AVENUE
MAYOR AND COMMON COUNCIL MEETING
NOVEMBER 18, 1996
OWNERS/APPLICANTS: Edward Eugene & Irene Jeanette Rhoades
The Dairy Country Store
869 East Rialto Avenue
San Bernardino, CA 92408
REQUEST AND LOCATION
The applicants are requesting approval from the California Department of Alcoholic Beverage
Control (ABC) of a Type 20 Beer & Wine License for the Dairy Country Store. This license
allows the sale of beer and wine for off-site consumption. The existing store previously offered
beer and wine for off-site consumption and the Rhoades wish to reinstate the sale of alcohol at
this location.
The subject site is located on the south side of Rialto Avenue about midway between Waterman
Avenue and Tippecanoe Avenue and designated IL, Industrial Light. The convenience store and
ancillary alcohol uses are not permitted in the IL designation and are classified as legal
nonconforming. (See Exhibit 3, Site Location Map)
BACKGROUND AND DISCUSSION
The store was established by Mr. Rhoades' father in the 1950s. An Off-Sale Beer & Wine
License was also obtained sometime during the 1950s by Mr. Rhoades (senior). The store was
operated by the Rhoades family until 1988 when the business was leased to another party. The
alcohol license was transferred to the lessee. In 1995, the lessee was evicted and, as stated by
the Rhoades in their application materials, would not transfer the license back to them. ABC
confirms that on January 18, 1996, the Type 20 Off-Sale Beer & Wine License was allowed to
expire. A letter from the applicants provides more detail on how this situation occurred (refer
to Exhibit 1, Applicants' Letter).
Request for a Determination of Public
Necessity or Convenience (PCN) No. 96-01
Mayor and Common Council Meeting of
November 18, 1996
Page 2
The convenience store has never been vacant since it was established in the 1950s and as such,
retains its legal non-conforming status. And while the Type 20 Off-Sale Beer & Wine License
expired on January 18, 1996, the Code provides that legal, non-conforming uses may be re-
established for up to a year after they are discontinued [Development Code §19.62.030(2)].
Therefore, the land use entitlement for alcohol sales will not expire until January 18, 1997.
However, ABC requires that a determination of public convenience or necessity be made if an
expired alcohol license is not re-established within three months of its expiration date. If the
request for a PCN determination is not granted, the alcohol use cannot be re-established.
POLICE RECOMMENDATION
The Police Department reviewed this request and recommends it be denied based on the location
of the premises in an area of "undue concentration" and because of the high crime rate. A copy
of the October 1, 1996 Memorandum from the Police Department is attached [Exhibit 2, Police
Department Memorandum (October 1, 1996)].
DETERNIINATION
The request has been reviewed and the consensus of Police Department staff is that the on-site
sale of beer and wine at the existing Country Dairy Store located at 869 West Rialto Avenue will
have a negative impact on the surrounding community due to the location of the store, from
which the alcohol would be sold, in a high crime area and will not serve the public convenience
or necessity. While Planning staff is not opposed to the re-establishment of the alcohol license
at the Dairy Country Store, we defer to the Police Department and their recommendation for
denial of this request.
The basis for findings for approval is contained in the applicants' letter (Exhibit 2).
ENVIRONMENTAL DETERNIINATION
Due to the fact that this request is not considered a project under CEQA, no determination is
necessary.
Request for a Determination of Public
Necessity or Convenience (PCN) No. 96-01
Mayor and Common Council Meeting of
November 18, 1996
Page 3
RECONEVIENDATION
Staff recommends that the Mayor and Common Council deny the request for a determination that
the public convenience and necessity is served based on Police Department comments and direct
the Department of Planning and Building Services to prepare a letter to the Department of
Alcoholic Beverage Control stating the reasons for the denial.
Prepared by: Deborah Woldruff, Associate Planner
for Michael E. Hays, Director
Planning and Building Services
EXHIBITS
1 - Applicants' Letter (October 16, 1996)
2 - Police Department Memorandum (October 1, 1996)
3 - Site Location Map
EXHIBIT 1
Mr. and Mrs. Edward Rhoades
912 East Rialto Avenue
San Bernardino, CA 92408-1203
October 16, 1996 4 1�
TO: SAN BERNARDINO CITY COUNCIL: Ri I
0�,T 1 15
CITY OF SAN BERNARDA10
DEPARTMENT Of PLANNING u
We have heretofore applied for an Off Sale Beer and Wine License for our businGULDUNC SERVICES
(Mom& Pops Store) located at 869 East Rialto Avenue, San Bernardino, California; and, would
like to submit the following information in support of said application.
We would like to make you aware that when my father opened this business in the 1950's
he applied for and was granted an Off Sale Beer and Wine License, which he utilized in
accordance and in compliance with all rules and regulations pertinent thereto. At the time that he
obtained this License in the 1950's there was only one other business in our area that had a liquor
license, that being Ellis.
On or about Setember of 1988 our business was leased to Susie Ibrahim due to my
mother's health and the fact that we were unable to operate the business ourselves because we
were attending to my mother's medical needs. At the time that we leased the business the license
went with the business and it was our intent to have the license revert back to us in the even that
the lease was broken. Because we prepared the lease ourselves, without legal advice, we did not
insert the proper wording in the lease to have the license revert back to us in the event of a
breach of contract. Therefore, in 1995 when we evicted the tenants, the tenants demanded
$10,000.00 to return the license to us. We did not feel that we should pay to get the license back,
since the license had gone with the lease, nor were we in a position to pay that kind of money,
therefore, the lessees, we are informed , returned the license back to the ABC. Therefore, our
license was lost to us through no fault of our own, but rather to circumstances totally beyond our
control. Had we known that we had entered into a situation that would leave us without our Beer
License, if and when there was a breach of contract on the lease, we would not have entered into
it; but for the fact that the lease was entered into in a rather urgent manner (due to health
problems) and without the advice of counsel, we would not be in the position we are now,
namely, having lost the ability to provide better services to our community and enhance our
income.
Had it not been for the fact that it became necessary for us to lease the property, due to
health problems; and that we were unable to meet the demands of the lessees, i.e. to buy our own
license back, it would not be necessary for us to have to re-apply to have this license re-issued
back to us. We would like this Council to know that our business serves mostly, our
neighborhood and that our neighbors have on many occasions requested that we re-apply for a
beer license because most of them do not have transportation to go elsewhere for their shopping;
and it is an inconvenience for them to have to go anywhere else because we are unable to provide
them with the products which this license would allow us to provide.
Further, during the almost half century that my family has owned this store, we have only
encountered two incidents wherein our store has been robbed. We attribute this to the fact that
we comply very strictly with the Rules and Regulations of the ABC; that we are a Mom& Pops
store and therefore we have hours which are not consistent with most other liquor stores which
stay open until 2:00 a.m. We close our business at 10:00 p.m. We are very conscientious of the
times we live in right now and we do everything that we can to avoid crime. We believe that our
record in this regard indicates that we apparently have been successful in this attempt.
We can further assure this Council that we use every means known to us, to avoid and
curtail crime in our area because we actually reside in this neighborhood, so it is of utmost
importance to us to provide and maintain a safe place of business, not only for our personal safety
but that of our neighbors. Again, as stated above, we believe that when one has been in business
for almost half a century, running the kind of business that we do, and that we have only been
victimized twice in those almost 50 years, it seem to us that we apparently are doing something
right and that our request for an Off Sale Beer and Wine License should be granted, especially
since we've had one for many years and was lost to us through no fault of our own.
We, at present, have one employee; however, when we obtain our License we hope to
employ 2 or 3 other employees, thereby creating jobs and putting money back into our
community. Before we leased our store out, we used to have 5 employees. The issuance of a
Beer License would be beneficial, not only to our family, as it would provide us with a better
livelihood, but also to other families, since we would be providing jobs for 2 or 3 other
individuals. This alone, we feel, is a positive rather than negative situation.
Based on the above, it is respectfully requested that this Council grant our request for an
Off Sale Beer and Wine License, thereby returning to us the privilege that was lost to us through
inadvertence. We request that we not be penalized for our lack of legal knowledge and that the
privilege which we once enjoyed be restored to us.
Yours tplly, -
Edward E. Rhoades
Irene J. Rhoades
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X996 EXHIBIT 2
C;(Y JFSAN BERNAnLri40 City of San Bernardino
DEPARTME.Ji OF PLANNING & San Bernardino Police Department
BUILDING SERVICES Interoffice Memorandum
To: DEBORAH WOLDRUFF, ASSOCIATE PLANNER
From: CSR II M. SOTO
Subject: PUBLIC CONVENIENCE AND NECESSITY (PCN) 96-01, THE DAIRY
COUNTRY STORE, 869 E. RIALTO AVE.
Date: October 1, 1996
Copies:
PROBLEM:
On 9-13-96, I received a Memorandum from Associate Planner Deborah
Woldruff regarding PCN 96-01 for The Dairy Country Store located at
869 E. Rialto Ave. , San Bernardino.
RECOMMENDATIONS•
Denial for PCN 96-01 is recommended. The premises is located in an
"undue concentration" area.
FINDINGS •
The business is located within Reporting District SC 545 . Stats
show the premises is located in a crime reporting district that has
20% greater number of reported crimes than the average of reported
crimes as determined from all crime reporting districts within the
jurisdiction of the police department . The business is located in
Census Tract 65 . There are already ten existing off-sale ABC
licenses and only six licenses are allowed in this Census Tract .
This has been determined to be in an "undue concentration" area and
should be denied. Area Commander Sgt . David Anderson agrees with
the denial .
ATTACHMENTS: 1 . Police concerns .
2 . Memo from Sgt . Anderson.
THE SBPD IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE;
A REDUCTIION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
POLICE CONCERNS
APPLICATION FOR P.C.N. FOR A.B. C. LICENSES
LOCATION: 869 E. Rialto Ave.
Public Convenience and Necessity
No. 96-01
Reporting District SC 545
(Stats for 1995)
Part I Crimes 199
Persons 115 Property 84
Part II Arrests 111
Alcohol related arrests 23
Calls for service 1, 929
Census Tract 65
Active On Sale 4 Active Off Sale 10
Pending On Sale Pending Off Sale
Authorized On Sale 6 Authorized Off Sale 6
GENERAL VICINITY:
Distance To Nearest : Distance
School Anderson School . 6 mi.
Monterey Elementary School . 7 mi .
Church Trinity Full Gospel Church . 1 mi .
235 N. Lena Rd.
Park 6th St . Park . 9 mi .
ABC On Sale License Premises
The Jet Bar . 9 mi .
Our Lounge . 9 mi .
ABC Off Sale Licensed Premises
Airport Mart . 6 mi .
Ellis Lictuor Store . 5 mi .
Page two
Distance of parking lot to residence :
879 Rialto Ave. prop line/prop.
Area Commander Comments: RD SC545 is a high crime area per 1995
statistics . This averages 20% higher part I crimes and part II
_ arrests than the average RD Two liquor/convenience stores are
_already located a short distance away at Third and Tippecanoe
_ Historically licruor has been linked to violent crime as well as
crime in general . The addition 'of another off-sale site for
alcohol in a "high crime" area would not be conducive to creating
a safer living environment in our city. I do not believe that
_granting this request by the "Dairy Country Store" would be in
the best interest of the City of San Bernardino and the community
in general .
Police Department recommendations: The police department
recommends denial . The business is located in RD SC545 . Stats
show the premises is located in a crime reporting district that has
2.056 greater number of reported crimes than the average of reported
crimes as determined rom all crime reporting districts within the
Zurisdiction of the police department . The business is located in
Census Tract 65 . There are already ten existing off-sale ABC
Licenses and only six are allowed in this Census Tract . This has
been determined to be in an "undue concentration" area and should
be denied.
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: CSR II MARTHA SOTO
From: Sgt . . David Anderson
Subject : Alcohol Permit "Dairy Country Store"
869 E. Rialto Avenue
Date: October 1, 1996
Copies : Lt . W. D. Smith
-----------------------------------------------------------------
I have reviewed request 9601 for a Type 20 Off Sale Beer & Wine
and PCN (Public Convenience and Necessity) license for 989 E.
Rialto Avenue.
R.D. SC. 545 is a high crime area per 1995 statistics . This
averages 20o higher part 1 crimes and part 2 arrests than the
average R.D.
Two liquor/convenience stores are already located a short
distance away at Third and Tippecanoe.
Historically liquor has been linked to violent crime as well as
crime in general . The addition of another off-sale site for
alcohol in a "high-crime" area would not be conducive to creating
a safer living environment in our city.
I do not believe that granting this request by the "Dairy Country
Store" would be in the best interest of the City of San
Bernardino and the community in general .
THE SBPD IS COMMITTED TO PROVIDING:
GERE PAGE NO. 0001 CA05 09-19-1996 14 : 22
PART I CRIMES FOR RD SC545 FOR 95
RD CLASS
------------------------------------------------------------------------
RD : SC545 CLASS RCDS .32
RD : SC545 CLASS 2A RCDS : 1
RD : SC545 CLASS 3A _ RCDS : 10
RD : SC545 CLASS 3B ►I K ."FC RCDS : 1
RD : SC545 CLASS 3D 61 S7-1?4A7QA,(m RCDS : 5
RD . SC545 CLASS 4A 45_,SA,17 RCDS : 8
Z 'LA- a , All,fC- RCDS • 5
RD : SC545 CLASS 4C , RCDS : 10
RD : SC545 CLASS 4E RCDS : 75
RD : SC545 CLASS 5A ,n olsfA ti RCDS 36
RD SC545 CLASS 5B ,v u RCDS : 11
RD : SC545 CLASS bc „ RCDS : 5
RD r 6 cW -0 RCDS : 187
RD : SC545 CLASS 6B /) 11 . 8aa- o RCDS : 9
RD : SC545 =s 6C
i oA u v RCDS : 14
RD : SCS45 CLASS t AAQ” rsv RCDS - 46
RD SC545 CLASS 7A Ma7 on' ' 0V 7- i- RCDS: 24
RD SC545 CLASS 7B -t r RCDS • 6
RD : SC545 CLASS 7C << O WFA i A.An RCDS • 2
RD : SC545 RCDS : 818
GRAND TOTAL RCDS : 818
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CITY OF SAN BERNARDINO EXHIBIT 3
Site Location Map
GENERAL PLAN LAND USE DESIGNATION Adopted 6-2-89
OCT 2 104 PCN No. 96-01
Date Panel No. G5
(Dairy Country Store)
(869 East Rialto Ave
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LICENSE WILL BE OF BENEFIT TO THOSE OF USE WHO LIVE IN THIS
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LICENSE WILL BE OF BENEFIT TO THOSE OF USE WHO LIVE IN THIS
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LICENSE WILL BE OF BENEFIT TO THOSE OF USE WHO LIVE IN THIS
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LICENSE WILL BE OF BENEFIT TO THOSE OF USE WHO LIVE IN THIS
NEIGHBORHOOD, AND WOULD APPRECIATE ANY CONSIDERATION GIVEN MR.
AND RS. RHOADES, AS IT PERTAINS TO SAID APPLICATION.
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