HomeMy WebLinkAboutMINUTES - 10202015 - C.49RECOMMENDATION(S):
1) ACCEPT the status report and associated documents regarding enforcing and administering the Alcoholic
Beverage Sales Commercial Activities Zoning Ordinance that regulates the sale of alcohol in the unincorporated
County for all Deemed Approved establishments; and
2) DIRECT staff to study whether the existing $400 annual fee per license is adequate to cover the costs of the
administration and enforcement of the amended Ordinance and policies.
FISCAL IMPACT:
None. Administration and enforcement of the Deemed Approved Ordinance is funded by a $400 annual fee that is
paid by the Deemed Approved establishments and collected by the office of the Tax Collector.
BACKGROUND:
On June 15, 2015 the Board of Supervisors adopted amendments to the Alcoholic Beverage Sales Commercial
Activities Zoning Ordinance that authorizes the County to prohibit the sale of alcopops at any establishment not in
compliance with the performance standards. These amendments also established new posting requirements for these
“Deemed Approved” retail locations. The amendments became effective on July 16, 2015. For additional background
on alcopops and the amendments, please refer to the report to the Board dated June 16, 2015.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/20/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Ryan Hernandez,
925-674-7824
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 20, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 49
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:October 20, 2015
Contra
Costa
County
Subject:Status Report on the Administration of the Sales of Alcoholic Beverages Zoning Ordinance
BACKGROUND: (CONT'D)
>
Along with the proposed code changes, various implementation procedures and strategies were also approved in
order to better coordinate the efforts of the Department of Conservation and Development with other County
departments and agencies for implementation and enforcement of the Deemed Approved Ordinance. Such policy
revisions included establishing protocols with the Office of the Sheriff, the Tax Collector, and the Health Services
Department for improved information and data sharing concerning Deemed Approved alcohol establishments in
the unincorporated areas of Contra Costa County. The Board also directed staff to report back with an immediate
status update on enforcement efforts.
This status report reviews the actions (listed below) taken by the Department, consistent with the Board’s
recommendations, in effecting change to the administration and enforcement of the amended Alcoholic Beverage
Sales Commercial Activities Zoning Ordinance and recommends an additional action.
Action Items Complete:
1. Revised the Performance Standards Notice (attached) to include:
a. Quick Response matrix barcode;
b. Specific email account for streamlining complaints, alcohol.nuisances@dcd.cccounty.us;
c. Larger font;
d. A portion of which is translated into the Spanish language; 2. Created a County webpage that identifies
additional resources;
3. Coordinated with Office of the Sheriff to receive quarterly reporting data on the Deemed Approved
establishments; 4. Coordinated with Code Enforcement to schedule consistent site inspections of
Deemed Approved establishments.
Action Items Ongoing: 1. Suggest language to the Legislation Committee to update the County’s
State Legislative Platform reflecting the County’s opposition to the sale of alcopops;
2. Conduct trainings to owners of the Deemed Approved establishments; 3. Establish protocols
with Tax Collector ensuring Deemed Approved establishments are paying the required fee
pursuant to Section 82-38.1006.
Additional Action Item to be Considered by the Board: The County currently receives a
$400 annual fee per license issued by the California Department of Alcoholic Beverage Control
for each establishment located within the unincorporated areas of the County. This fee was
adopted by the Board in May of 2003. Since that time, administration and enforcement costs
have risen and the number of deemed approved establishments has declined. Staff recommends
the Board authorize a study of the recently amended administration and enforcement policies,
as it pertains to the cost of providing these services, and report back to the Board with findings
and a recommendation on whether the existing annual fee is adequate for providing such
services.
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board not accept the status report about the enforcement and administration of the amended Alcoholic
Beverage Sales Commercial Activities Ordinance, County staff would proceed in a manner consistent with the
Board approved Ordinance unless the Board directs otherwise.
CHILDREN'S IMPACT STATEMENT:
The approved amendments to the Alcoholic Beverage Sales Commercial Activities Zoning Ordinance coupled
with implementing the recommended administrative changes further the achievement of two of the five targeted
outcomes: (2) Children and Youth Healthy and Preparing for Productive Adulthood; and (5) Communities that
are Safe and Provide a High Quality of Life for Children and Families.
ATTACHMENTS
Cover Letter and Performance Standards Notice
Contra
Costa
County
October 7, 2015
Re: New Posting Requirements for “Deemed Approved” Businesses Selling
Alcohol
Dear Property/Business Owner:
The Alcoholic Beverage Sales Commercial Activities Ordinance, Chapter 82-38 of the
County Code, was adopted in October 2002 and established zoning requirements for
businesses that sell alcohol in the County called Performance Standards. Businesses
that were already selling alcohol prior to the date the ordin ance was adopted are
considered “deemed approved” and were not required to obtain a land use permit.
However, as a condition of being deemed approved, such businesses are subject to the
Ordinance which includes complying with and posting these Performances Standards.
The Board of Supervisors recently adopted amendments to the Performance Standards
that became effective on July 16, 2015. These amendments are designed to educate
the public, protect the general health and welfare of residents of the County an d to
prevent nuisance activities where alcoholic beverage sales occur. The amendments
include the requirement to post the enclosed Performance Standards notice on the
premises of your business.
The enclosed notices must be posted immediately for public review in a conspicuous
and unobstructed place visible from both the entrance to your establishment and in a
place clearly visible to customers from the cash register (Contra Costa County Zoning
Code Section 82-38.810).
Code Enforcement Officers will be inspecting your business in the upcoming weeks to
verify your compliance with the new ordinance requirements and to confirm that these
notices have been posted.
John Kopchik
Director
Aruna Bhat
Deputy Director
Jason Crapo
Deputy Director
Maureen Toms
Deputy Director
Department of
Conservation and
Development
30 Muir Road
Martinez, CA 94553
Phone:1-855-323-2626
2
Please note that the Contra Costa County Board of Supervisors also adopted policy
recommendations that include more consistent and routine visits to Deemed Approved
establishments by the Code Enforcement, Building Inspection Division.
Should you have any questions regarding this letter or the requirements of the Alcohol
Ordinance, please contact Gary Kupp at (925) 674-7799 or visit https://ca-
contracostacounty2.civicplus.com/5831/Deemed-Approved-Alcohol-Beverage-Sales
Sincerely,
Jason Crapo
Deputy Director
Enclosed: Two (2) Performance Standards Notices (11-inch by 17-inch)
cc: Contra Costa County Board of Supervisors
Contra Costa County Municipal Advisory Councils
– NUISANCES?
Related to the sale of Alcoholic Beverages?
¿Molestias? ¿Relacionada con la venta de bebidas alcohólicas?
COMPLAINTS WILL BE INVESTIGATED
Call (925) 674-7210 (Contra Costa County Code Enforcement Division) if you wish
to file a complaint that this site may be in violation of the performance standards
listed below.
PERFORMANCE STANDARDS
Violation of the performance standards could result in modification or revocation
of the privilege of selling alcohol. The standards are as follows:
(a) its operation does not result in adverse effects to the healt h, peace or safety of
persons residing or working in the surrounding area;
(b) its operation does not result in repeated nuisance activities on or near the
premises, including but not limited to disturbance of the peace, illegal drug
activity, public drunkenness, drinking in public, harassment of passersby,
gambling, prostitution, sale of stolen goods, public urination, theft, assaults,
batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal
parking, excessive loud noises especially in the late night or early morning
hours, traffic violations, curfew violations, lewd conduct, or police detentions
and arrests;
(c) its operation does not result in violations of other county, state, or federal
regulations, ordinances, or statutes;
(d) its operation does not result in the transfer, expiration or revocation of a State
of California Department of Alcoholic Beverage Control license;
(e) its upkeep and operating characteristics are compatible with and will not
adversely affect the livability or orderly development nor encourage the
marginal development of abutting properties and the surrounding
neighborhood; and
(f) its operation does not result in jeopardizing or endangering the public health
or safety of persons residing or working in the surrounding area.
To report a life threatening emergency please call 911.
To report a non-emergency, call the Contra Costa County Sheriff Dispatch at 877-
308-5248.
This notice must be posted for public review in a conspicuous and unobstructed
place visible from the entrance of the establishment and in a place clearly visible to
the buyer from the cash register (Contra Costa County Zoning Ordinance,
Section 82-38.810).
email: alcohol.nuisances@dcd.cccounty.us
web: http://www.co.contra-costa.ca.us/alcoholnuisance
Contra Costa County, Code Enforcement Division