Loading...
HomeMy WebLinkAboutMINUTES - 05221990 - 1.38 1-®3S T& BOARD OF SUPERVISORS Contra FROM: Phil Batchelor, County Administrator \ Costa n, May 11, 1990 County DATE: o,rT�: "u"rT � LEGISLATION: AB 2845 (Polanco, Burton & Margolin) SUBJECT: SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOPOWNDATION Indicate that the Board of Supervisors continues to SUPPORT AB 2845 by Assemblymen Polanco, Burton and Margolin which would establish a process whereby a city council or board of supervisors could request that a specific off-sale licensee be prohibited from selling fortified wine. The bill would also provide a procedure by which the Department of Alcoholic Beverage Control could place such a condition on all licensees within a specific area. BACKGROUND- On March 6 , 1990 the Board of Supervisors voted to support AB 2845. The bill has now been amended. Under current law contained in the California Constitution, the state has the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages in this state. Existing law also provides procedures under which the Department of Alcoholic Beverage Control may place reasonable conditions upon retail licensees which will protect the public welfare and morals. Assemblyman Polanco has introduced AB 2845, which is now also co-authored by Assemblymen Burton and Margolin, which, as amended CONTINUED ON ATTACHMENT`eS YES SIGNATURE: e RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): l ACTION OF BOARD ON May APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED MAY 2 2 1990 PHIL BATCHELOR,CLERK OF THE BOARD OF Please see Page 3 . SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/68) BY 'DEPUTY April 18, 1990 , would establish the following process for prohibiting any specific alcoholic beverage licensee from selling fortified wine: The bill authorizes any city council or board of supervisors to determine by resolution, following a public hearing, that the off-premises sale of fortified wines presents a danger to the health, safety, or welfare of any neighborhood or area within its jurisdiction. The determination can be made only if the city council or board of supervisors makes one of the following findings based on police reports, citizen complaints and violations of the alcoholic beverage control laws: 1. The neighborhood or area is impacted by the presence of public inebriates on an ongoing basis to a greater extent than in the community as a whole. 2. The neighborhood or area is the site of repeated arrests for public intoxication, to a greater extent than in the community as a. whole. 3 . The neighborhood or area suffers other identifiable effects relating to public inebriation, to a greater extent than in the community as a whole. If a city council or board of supervisors adopts such a resolution, the Department of Alcoholic Beverage Control (Department) must place a condition on the license prohibiting the sale of fortified wine for off-premises consumption within the neighborhood or area. The condition is endorsed on the license and any renewal of the license and is binding on all persons to whom the license may be transferred. The bill also authorizes the Department of Alcoholic Beverage Control, after giving notice and providing an opportunity to be heard, the authority to place a similar condition on all off-sale beer and wine licensees and off-sale general licensees in an area in .which a city council or county board of supervisors, has made a finding as noted above that the off-premises sale of fortified wines presents a danger to the health, safety, or welfare of the neighborhood or area. The bill requires the department to notify the -city ' council or board of supervisors which made the finding of the department' s .actions with respect to any conditions imposed by the department. The bill defines fortified wine ' as any wine which contains more than 14% alcohol by volume when bottled or packaged by the manufacturer, is not sealed and capped by cork closure, is not aged two or more years, does not contain alcohol in an amount equal to 14 % or more by volume solely as a result of the natural fermentation process and is produced with the addition of wine spirits, brandy or alcohol. The bill also authorizes the Department, either on its own motion or on the request of a licensee, to remove the condition if it is satisfied that the grounds which caused the imposition of the condition no longer exist. The department is required to immediately notify the city council or board of supervisors which made the findings which resulted in the imposition of the condition of any order removing the condition. A violation of such a condition on an off-sale license is grounds for suspension or revocation of the license. The bill also provides procedures for the Department to hold a ' hearing on whether or not this condition should be imposed on all licensees within the area. Since AB 2845 provides a mechanism for a city council or board of supervisors to restrict the sale of fortified wines within its jurisdiction it appears to further the Board' s war on drugs and therefore deserves the Board' s support. It is therefore recommended that the Board of Supervisors indicate its continued support for AB 2845. cc: Assemblyman Richard Polanco Assemblyman John Burton Assemblyman Burt Margolin County Administrator District Attorney Sheriff-Coroner County Probation Officer Health Services Director Alcohol Program Administrator Chair, Alcoholism Advisory Board County Counsel Les Spahnn, SRJ. Jackson, Barish & Associates