HomeMy WebLinkAboutNB 2 ALCOHOLIC SALES 02-02-87DATE: FEBRUARY 2, 198
NEW BUSINESS
NO. 2
2-2-87
Inter- Com
TO:
FROM:
S U BJ ECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL FOR
ESTABLISflME~TS
ALCOHOLIC BEVERAGE SALES
RECOMMENDATION:
Direct staff to initiate proposed zoning code amendments regulating
alcoholic beverage sales establishments.
Direct s~aff to prepare a proposed resolution establishing policy
guidelines for review of alcoholic beverage sales establishments.
BACKGROUND:
On September 29, 1986 the City Council and Planning Commission conducted a
joint session. This session included a presentation by Parents Who Care
regarding regulation of alcoholic beverage sales establishments. Parents
Who Care had requested Tustin to consider placing more stringent
regulations and review procedures on alcoholic beverage establishments.
They were concerned that the current Use Permit process was not effective
in proper regulation of location, hours of operation, and the character of
alcoholic sales establishments.
As a result of this session, the Planning Commission and City Council
directed Community Development staff to prepare recommendations.
Appropriately, the Community Development Department has conducted a
detailed analysis of state and local regulations, surveyed local
jurisdictions on their current requirements, and collected numerous studies
and reports regarding alcoholic beverage control. Based on this
information recommendations have been tailored to meet the needs within the
City of Tustln.
ANALYSIS OF CURRENT CONDITIONS:
1. Number of existing alcoholic beverage sales establishments
The City of Tusttn contains 117 alcoholic beverage sales
establishments. These establishments can generally be grouped into
two (2) categories.
Totals:
On-site Consumption
47 (beer and wine)
22 (~eneral liquor)
69
Off-site Consumption
24 (beer and wine)
.24 (general liquor)
48
Bill Huston
ABC
page two
Of the off'site licenses, only five (5) licenses are in conjunction
with gasoline sales with locations as shown on Exhibit A. Exhibits B
and C show the locations of all on-site and off-site alcoholic
beverage sales establishments within the City. As evidenced by these
exhibits, the concentration of sales establishments is found along
'Newport Avenue.
Exhibit D is an analysis of alcoholic beverage licenses. This chart
shows the total number of licenses for the County of Orange, Tustin,
Santa Aha, Orange and Irvine. Although the licenses per 1000
'population rates seem higher for Tustin (i.e. off-site general,
on-site general-public place and overall' ratio of licenses per 1000
population) the population used to determine these figures does not
include Tustin's sphere of influence. If this area was included,
population ratios for Tustin would be reduced by 60~.
Current City Regulations
Tustin currently requires a CUP for all new alcoholic beverage sales
establishments. Standard conditions of approval are as follows:
On-site sales in conjunction with a restaurant use
All alcoholic beverages shall be consumed on 'site.
Authorization for on-site sales of beer and wine/liquor sales is
contingent upon the use of the subject site remaining a
restaurant. At such time the restaurant use is discontinued the
use permit becomes null and void.
All persons serving alcoholic beverages must be eighteen years of
age ~r Older and supervised by someone twenty-one years of age or
older.
Hours of operation are limited to the hours of __a.m. to
p.m. (hours are identified dePending on the type--~
ope~on) Food must be served during these hours·
The menu of the restaurant shall consist of foods that are
prepared on the premises.
Options:
- No outdoor seating is allowed at this location.
- No 'bar' type seating is allowed.
Off-site sales license (beer and wine/liquor)
Authorization for off-site sales of beer and wine/liquor is
contingent upon the use at the subject site remaining as
· (specific use is identified here) Should
this ~se change or be discontinued, authorizations for this use
permit is null and void.
All persons selling alcoholic beverages shall be eighteen years of
age or older and shall be supervised by someone twenty-one years
of age or older at all times.
Corn rnuni~y Devetoprnen~ Department
Bill Huston
ABC
page three
Hours of operation are limited to the hours of to
(hours are identified depending on the type of operation).
Options:
- "No Loitering" signs shall be posted at the entrance of the
business or other specified location(s).
- No vi~eo games are allowed at this location.
The above conditions are enforceable by the City. Should any
violation of these conditions occur, the City of Tustin retains the
right to hold a public hearing to consider revocation of an approved
CUP.
Analysis of regulatory activities in California:
Many cities in the Southern California area have passed ordinances
regulating the location and number of alcoholic sales outlets. One
of the cities that appears in the forefront of regulation is the City
of Compton which has established a 'cap' on the total number of
licenses for liquor stores and 'bars'
Staff have also conducted a survey of 23 Orange County cities. The
survey found that most cities are concerned with on-site sales of
liquor, beer oh wine. Seven (7) of the 23 cities surveyed, did not
require CUPs merely relying On ABC regulations and enforcement. The
results of the survey are as follows:
CUP REQUIRED ON-SITE ONLY ADDITIONAL REGULATIONS
Yes 16 7 3
No 7 16 20
Tustin. is in relative conformance with nine (9) of the cities
surveyed. These cities require a CUP for both on-site and off-site
sales. In these cities, however, no other required conditions are
part of each city's zoning code. Tustin, as with most other cities,
uses land use criteria and distance analysis as a matter of City
policy rather than an actual adopted code requirements.
The remaining seven (7) cities require a CUP for on-site sales only.
These cities are concerned with drinking and driving aspects as
opposed to sales to minors. Most cities rely on ABC to enforce the
license requirements and all state regulations.
The League of California Cities is currently pursuing amendments to
the California Business and Professions Code. These amendments
include provisions for California cities to regulate alcoholic
beverage sales in conjunction, with gasoline sales. At this time, no
specific legislation has been passed on this issue. However, there
are a number of legal cases that are currently pending on this
matter.
Community Developmen~ Department
Bill Huston
ABC
page four
Input from Parents Who Care
Numerous recommendations have been proposed to staff by Parents Who
Care. These are attached to'and included to this report as Exhibit
E. Staff have met with representatives of Parents Who Care and have
reviewed each of their recommendations. We have concluded based on
background information, survey materials and recommendations of
Parents Who Care, that a number of additional zoning code amendments
and policy guidelines for alcoholic beverage sales establishments
would be appropriate. Unfortunately, not all of the recommendations
made by Parents Who Care are appropriate and the legality of a number
of their recommendations is
confident that the direction
supported by Parents Who Care.
Recommendations
in question. Staff however feels
recommended will be enthusiastically
Recommendations are listed below. Proposed zoning code 'amendments
and recommendations to be addressed by adoption of a resolution
establishing guidelines are included.
Proposed Zoning Code Amendments .
A. Off-site alcoholic beverage sales shall be permitted subject to a
CUP provided that' the establishment is located a minimum distance
from the following facilities:
1. a minimum of 600 feet from the public schools, play grounds,
Parks, churches and other 'sensitive' uses (i.e. hospitals,
convalescent homes and private schools);
2'. a minimum of 100 feet from residentially zoned or used
properties;
3. a minimum of 300 feet from another off-site alcoholic beverage
sales establishment.
Be
Convenience markets shall only be permitted subject to a CUP in
the C-i, C-2 and C-G zones. The Code should be amended to define
such uses. {A retail store of 15,000 or less square feet in size
which sells food items, beverages, and miscellaneous products for
use and/or consumption off the premises where sold.)
Polic7 Guidelines for Review of Alcoholic Beverage
Sales Establishments
In addition to the conditions currently required on alcoholic
beverage sales through the CUP process the following guidelines
should also be utilized in reviewing and conditioning these
establishments:
~. Corn rnuni'~y Dcv¢lopmcn'~ Depar~men'~ ~
Bill Huston
ABC
page five
Ce
Guidelines for pKoliferation of alcoholic beverage sales
establishments:
1 per 2000 persons - on-site general liquor sales
1 per 2500 persons - off-site general liquor sales
I per 2000 persons - on-site beer and/or wine sales
1 per 2500 persons - off-site beer and/or wine sales
These population quotas shall be based upon current city
population, projected population for the East Tustin area, and
projected population totals in portions of the City's sphere of
influence for which the City is currently processing an annexation
request.
Determine the hours of operation as appropriate for the use
proposed and its relation to:
1. Residential areas
2.. Arcades
3. Other similar uses
4. Relation to live entertainment locations.
Determine m~ximum floor area devoted to alcoholic beverage Sales
as necessary for proposed use,
Require all signage to be limited to n~nralcoholic beverage items.
All off,site sales locations should post 'no loitering' signs at
the' entrance.
F. Avoid placement of video games at off-site sales establishments.
All recommendations will requi~e preparation of the necessary ordinances
and resolutions as approved by the City Attorney. As proposed, these
regulations do not specifically discriminate against alcoholic beverage
sales as long as all other similar uses are conditionally permitted uses.
The hours of operation for any alcoholic beverage sales establishment may
not be differentiated between alcoholic and non-alcoholic products.
Therefore, staff considers individual review of each application more
appropriate rather than establishing a 'curfew' for all sales.
.Y' ..,'7 · ,'
LAURA CAY PICKUP ~.
A~.i stant Planner
"CHRISTINE SHINGLETON,
Director of Community
Development
LP:do
attach: Exhibits A, B, C, D
Community DeVelopment Department
EXHIBIT A
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· /" -.-.7,_"
CiTY OF
,GASOLINE AND ALCOHOL SALES SITES
Superstop-395 W. First Street 3. Station Liquor Store-16471 Mc Fadden Ave.
Skip's Mobil Station-171E. First Street 4. Southern Counties Oil-1011 E1 Camino Real
EXHIBIT B
I
./
TU~TII~
0N-SITE LIQUOR SALES
· --Single Site
A--Multiple Site
EXHIBIT C
OFF-SITE LIQUOR SALES
O--Single Site
&--Multiple Site
EXHIBIT E
Preliminary Draft
Alcoholic Beverage Outlet Guidelines
General
1. CUP required for all new alcoholic beverage outlets (abo's).
2. CUP required for change.of ownership, change in type of op-
eration/kind of business; or, if a business is discontinued
for a period of two months or more, CUP required--all abo's.
3. No abo's wil~ be permitted in higher crime areas, as deter-
mined And defined by the Tustin Police Department (TPD).
4. No abo will be permitted in any location that will detract
from residential areas.
5. No abo will be permitted to'operate if such operations create
disturbances in or around the premises.
6. No abo may sell alcoholic beverages to a minor (State law).~
7. Persons making sales of alcoholic beverages (ab) must be at
least 21 years old or be under adult supervision of a person
located on the premises in the area where sales are made.
8. Off-sale abo's should agree to maintain a special alert for
customers who make frequent purchases over an unusually short
period of time and to report such purchases to the TPD to
help prevent procurement for minors.e~
9. AlcohOl may not be sold in any abo after 10 pm, except for: 1)
Type 42 and 48 bars already in existence and which close
later under State law; 2)restaurants may continue to serve
ab's in their dining area until midnight, but not in any
separate bar operation; and 3)places of lodging which have
"duplicate" licenses to operate a bar may do so until midnight.
10. Distances
a. Sensitive Areas--No abo(on or off-sale) may be located
closer than 600 feet from a school, playground, place of
worship or other "sensitive" use (as may be defined by
the Planning Commission or City Council),
b. Separation of Outlets--No overconcentration of abo's will
be permitted,.and all must be separated by at least 600 ft.
However, if a commercial development has special design
features which make it desireable to be closer, and ~he
Planning Department determines it reasonable and prudenT,
separation may be reduced (e.g. a restaurant cluster).
~6b. Signs must be posted clearing explaining no sales to minors.
~98a. Must have signs warning about buying ab's for others.
8b. Must have signs warning about no loitering.
11. Ail on-sale abo's'must have a bona fide "designated driver"
type program in operation,~a~ties of 2 or more persons to
designate one person as the driver and a person who will not
be served ab's. These abo's should arrange with the TPD for
periodic educational program for ab servers, and the outlets
should have available for sale,breath analyzers to help pre-
vent over-consumption and driving under the influence.
12. The fee associated with CUP's for abo's should cover the
additional costs relative to processing this type of permit
and to cover other City costs for ensuring conformance to
the conditions of the CUP, both initial and subsequent.
a. Part of this fee could be in the form of a substantial
deposit of $1,000-$5,000, which could be refunded after
one year of conforming operation, less any exceptional
costs to the City in obtaining conformance.*
b. Part of the fee could be directed to the TPD for its
educational program for enforcing servers' awareness
......... of 6onsu~P~io~ amounts, signs of intoxication, etc.
13. Abo's must operate so as not to be unusually detrimental to
the public health, safety, welfare and tranquility.
14. No category of abc may have a higher ratio of outlets to the
City population than the ratios for the County as a whole.
*~onsideration should be given to charging for Police Department
service calls in connection with "disturbing the 'peace" reports
where alcoholic beverages are involved.
PWC/JFM 1/19/87
-3-
Preliminary Draft
Alcoholic Beverage Outlet Guidelines
Specific Types of Business
1. Bars--No CUP will be granted for either type 42 or type 48
bars (no food, no one 6nder 21). These are not consistent
with community standards for land use. (health, safety, Welfare)
2. Liquor Stores--No CUP will be issued for liquor stores. These
are not consistent with community standards for land use.
a. Existing liquor stores--Should be allowed to sell only ab's
and non-drug related items. Do not allow sales of drug
paraphernalia, drug magazines, clove cigarettes, etc.
3. Motor Vehicle Fuel--No CUP will be granted for any establish-
merit which sells motor vehicle fuel.
a. Existing locations--Should not be allowed to advertise
ab's outside or in the windows of the establishment; not
allowed to sell cold beer; not allowed to sell single
serving size containers of ab's, i.e. 12-14 oz. or less.
4. Drive-thru's--No CUP will be granted for drive-thru businesses.
5. Convenience Stores--Ab's must be a minor part of the business,
as determined by floor space-, such that ab's may not occupy
more than 1/25th*of total sales floor space. Print advertising
must limit promotion of ab's to 1/25th of total space. No
advertising permitted outside the building or in windows of
the establishment itBelf; may not sell cold beer; and may
not sell single serving size containers of ab's.
6. Grocery/Supermarkets--Ab's must be a minor part of the busi-
ness as determined by floor space, such that ab's may not
occupy more than 1/25th of total sales floor space. Print
advertising must limit promotion of ab's to 1/25th of total
space.. No window advertising or outside displays of ab's.
No sales of cold beer. Ab's must be located in that 1/2 of
the store tha~ is located away from customer entrances and
exits.
7. Drug Stores--Same requirements as for Supermarkets above.
*Note: Wherever 1/25th appears this could be changed to 5%.
-4-
8. Restaurants~-No separate bar area prefer_ably. If such an
area were to be granted, it should be no more than 1/10th
of total customer flo6r space and must cease operation by
10~00 pm. As pointed out in The General sections, restaur-
ants may, however, continue to serve ab'$ in their normal
dining area until midnight.
9. Lodging--Establishments of this type which plan to operate
a restaurant(s) as an integral part of its lodging building
and serve ab's, come under the conditions given above for
restaurants. Consideration may be given to permitting the
operation of one bar/cocktail lounge on premises, with a
closing time of midnight.
8a.Restaurant bar areas are not to be tq.r~lly closed off and
separate from the dining area, nor should they be on a sepa-
rate level. (Applications for any such separate areas would
be considered as type 48 bars and not as part of the restaurant.)
8b. If the dining area closes or stops serving food, then any bar
area should also close.
PWC/JFM 1/19/97