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Home My WebLink AboutMINUTES - 02282006 - C.38 TO: BOARD OF SUPERVISORSf` `; .r'�/ :.. CONTRA COSTA FROM: Supervisor John Gioia, District I COUNTY v� DATE: February 7, 2006 SUBJECT: Support SB 1.48 (Scott)—Alcoholic beverages: licensing restrictions. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): SUPPORT SB 148, an act to amend Section 23790 of the Business and Professions code, relating to alcoholic beverages. CONTACT the Contra Costa County legislative delegation concerning the Board's support of SB 148. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Bill would grant significant leveraging power to counties and cities to enforce their local zoning ordinances on grandfathered off-sales liquor stores. It is in the interest of Contra Costa County to have the authority to review grandfathered retail liquor establishments. Many communities in our County are concerned about the potential negative impact of liquor stores in their neighborhood. This bill would allow our County to terminate or impose conditions on nonconforming uses of current zoning ordinances, with a reasonable amortization period. CONTINUED ON ATTACHMENT: x YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS �)< UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN A ES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Luz Gomez (510) 374 3231 C L ATTESTE cc: CAO JOHN WEETE RK OF Community Development Dept. THE BO RD OF SUPERVISORS State Lobbyist AND COUNTY ADMINISTRATOR a�2 %(e Sia 148 Senate Bill - AMENDED Page 1 of 2 BILL NUMBER: SB 148 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 15, 2005 AMENDED TN SENATE MAY 27, 2005 AMENDED IN SENATE MAY 2, 2005 AMENDED IN SENATE APRIL 11, 2005 INTRODUCED BY Senator Scott (Principal coauthor: Senator Florez) T Coauthors: Assembly Members Bass, Liu, and Oropeza ) FEBRUARY 7, 2005 An act to amend Section 23790 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGEST SB 148, as amended, Scott. Alcoholic beverages: licensing restrictions. The Alcoholic Beverage Control Act imposes upon the Department of Alcoholic Beverage Control the responsibility to administer and enforce state laws with respect to alcoholic beverages, including the implementation of alcoholic beverage licensing. Among other things, the act prohibits the issuance of any retail license for the sale of alcoholic beverages for any premises that are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. The act provides that premises which had been used in the exercise of those rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation under specified conditions. This bill would, in the case of premises issued a Type 20 or Type 21 off-sale retail license, authorize '-I ^ 0444^R ^` a county or city to provide for a reasonable amortization period and termination or imposition of conditions on legal nonconforming uses pursuant to a validly enacted zoning ordinance. These provisions would also apply to premises which had been used in the exercise of rights and privileges conferred by the retail license at a time prior to the effective date of the zoning ordinance, as provided. These provisions would become inoperative on January 1, 2010. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 23790 of the Business and Professions Code is amended to read: 23790. (a) No retail license shall be issued for any premises which are http://www.leginfo.ca.gov/pub/bill/sen/sb_0101-0150/sb_148_bill_20050615_amended_as... 2/15/2006 SB 148-Senate Bill - AMENDED Page 2 of 2 • located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. (b) Premises which had been used in the exercise of those rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation under the following conditions: (1) The premises retain the same type of retail liquor license within a license classification. (2) The licensed premises are operated continuously without substantial change in mode or character of operation. (c) For purposes of this subdivision, a break in continuous operation does not include: (1) A closure for not more than 30 days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages. (2) The closure for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages. (Q) icy s =34 s ^s aha s es a aa�,;!Qt pga�ee4 1, 7 ..l +-h.� (' F l e a FI RF ^e y ;6 its6s 8 �a 2 6 �9s61 aii6� ga6a era — (2 (d) (1) Notwithstanding subdivision (b) , with respect to any premises issued a Type 20 or Type 21 off-sale retail license, ;�;;e C-4-ti _@6; s•=O-aI-ersr4e a city or county may provide for a reasonable amortization period and termination or imposition of conditions on legal nonconforming uses pursuant to a validly enacted zoning ordinance. (2) Notwithstanding paragraph —(�}- (1) , any premises issued a Type 20 or Type 21 off-sale retail license prior to the effective date of the act adding this subdivision shall have up to six months to conform to the conditions imposed by an ordinance described in paragraph -(2) (1) (4) (3) Notwithstanding any other provision of this subdivision to the contrary, nothing in this section shall preclude e F city, county, or city and county from entering into a negotiated agreement for a longer amortization period than specified in an ordinance described in paragraph t';�) (1) with a premises issued a Type 20 or Type 21 off-sale retail license. (4) Nothing in this section shall be interpreted to require the department to impose conditions upon Type 20 and Type 21 license holders. (5) This subdivision shall cease to be operative on January 1, 2010. http://www.leginfo.ca.gov/pub/bill/sen/sb—Ol 01-0150/sb_148_bill_20050615_amended_as... 2/15/2006