HomeMy WebLinkAboutOB 1 ALCOHOL MORATOR. 07-02-84 ~ OLD BUSINESS
NO. 1
2, 1984 Inter-Corn
July
S U~J ECT:
Honorable Mayor & Members of the City Council
Community Development Department
STATUS REPORT CONCERNING THE ALCOHOLIC BEVERAGE LICENSE MORATORIUM
Discussion
The City Council, at its meeting on June 4, 1984, adopted an urgency ordinance
instituting a moratorium on the ~pproval of any new land uses in the City to be
licensed for the off-site sale of alcoholic beverages. This initial moratorium
is only effective for 45 days. Should Council wish to extend the moratorium,
ten days prior to the expiration, Council must.adopt a report that indicates
what actions the City is taking to eliminate or resolve the problem for which
the moratorium was enacted.
This transmittal constitutes the necessary report required by State law to
justify the need to extend the present moratorium beyond its 45-day effective
period. Since the moratorium is due to expire on July 19, 198¢, adoption, of
this report at the Council meeting on July .2, 1984 would comply with legal
requirements. Since the Planning Commision is presently studying the subject of
amending the zoning regulations, if necessary, their response to Council will
not be completed within the 45-day period. It therefore appears the Planning
Commission will need additional time to forward recommendations to Council.
While the present moratorium may be extended by four-fifths vote of the City
Council, for a period not to exceed ten months and fifteen days, staff estimates
that four months should be adequate to conclude this project.
Reviewing the subject as required by State law, surveys of other jurisdictions
in Orange County have been conducted to determine comparable legal requirements
for establishing businesses selling alcoholic beverages. Alcoholic beverages
include liquor, beer and wine. These initial surveys indicate most cities have
not seriously studied the subject and only one in Orange County has adopted
specific distance requirements between bars/cocktail lounges and public
schools. Another issue staff researched is the sale of alcoholic beverages in
conjunction with the dispensing of gasoline, since there is a recent trend to
add convenience markets in service stations.
Issues raised include by the community the availability of alcoholic beverages
near public schools. Community organizations fear the availability creates an
attractive nuisance leading to juvenile delinquency and alcohol abuse.
Status Report Concerning the Alcoholic Beverage License Moratorium
July 2, 1984
Page 2
The City Council, recognizing the growing public concern, instituted a
moratorium prohibiting the issuance of any new licenses for off-site sale of
alcoholic beverages, enabling the Planning Commission to study the topic and
report their findings. The Planning Commission conducted a public meeting on
Monday, June 25, 1984 and received input from City staff and representatives of
the organization "Parents Who Care". Parents Who Care recommended the City
institute a maximum limit on the number of liquor licenses, require use permits
for all businesses selling alcoholic beverages and prohibit the sale of
alcoholic beverages at gasoline service stations. The Planning Commission
responded by taking these requests into consideration and scheduling a public
workshop on July 23, 1984 to further discuss the matter.
The Planning Commission has also requested representatives from the State
Alcohol Beverage Control board, Tustin school district, and Police Department
address them concerning their opinions on the subject of alcoholic beverage
sales. Since several issues raised at the Planning Commission meeting are not
land use related, the Commission has determined that only land use related
information will be discussed and considered in their report to the City
Council.
Recom~nd&tton
That the City Council adopt this report justifying the need to extend the
subject moratorium and set a public hearing on July 16, 1984 to adopt a
resolution extending the subject moratorium for an additional four months from
July 19, 1984.
DO-n~ld D. Lamm v
Director of Community Development
DDL:jh
Community Development Department