HomeMy WebLinkAboutMINUTES - 03211995 - S.1 TO: BOARD OF SUPERVISORS Y' Contra
Costa
FROM: Supervisor Tom Torlakson
Supervisor Jim Rogers ti�; .�.::�°�'
County
DATE: March 21, 1995
SUBJECT: CONSIDER A COUNTY ORDINANCE REQUIRING OFF-SALE ALCOHOLIC
BEVERAGE RETAIL ESTABLISHMENTS TO APPLY FOR A CONDITIONAL LAND
USE PERMIT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION:
RECOMMENDED ACTION: Direct the County Counsel's Office and the Community Development
Department to draft a county ordinance, similar to the one adopted by the City of Richmond, requiring off-sale
alcoholic beverage retail establishments to apply for a conditional land use permit. Request input from the
County Planning Commission, regional planning commissions, the Substance Abuse Commission, the Youth
Commission, and the Sheriff.
BACKGROUND INFORMATION: This ordinance is being proposed to empower unincorporated
communities to control land use activities as well as provide measures to alleviate ongoing community problems.
There are two areas where this ordinance shall apply:
(1) When existing establishments continue to be a nuisance. Past experience in all of our
unincorporated communities, as well as in cities, has shown that some owners of establishments which sell
alcoholic beverages attract nuisance activities and some owners do not respond to eliminate these nuisances.
Past experience has also clearly shown that some establishment owners ignore the laws pertaining to the sale of
alcohol and tobacco products to under-aged young people. Where problems such as these are identified by
citizens, by our municipal advisory councils, or our Sheriffs Department, this ordinance can serve as a useful new
tool to handle those problem cases where we have uncooperative or unresponsive establishment owners.
One example in Bay Point occurted a few years ago where law enforcement officials and citizens both felt
an establishment which sold alcohol also served as a location for drug dealing --through the use of a public
telephone on that property. It took far too long to achieve cooperation to change the phone system and
eliminate the problems. There are other similar examples in North Richmond.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) n-yi—
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ACTION OF BOARD ON March 21 , 1995 APPROVED AS RECOMMENDED X OTHER
The following persons spoke in opposition: Don Kaplan, California Beverage
Retailers Coalition, 4145 Blackhawk Plaza Circle, Suite 205, Danville; Larry
Kranich, California Association of Neighborhood Stores, 4567 Enterprise
Street, Fremont; and Charles Beaver, California Grocers Assn. , 906 G Street,
Suite 700, Sacramento. Following discussion, the Board APPROVED the
recommendation set forth above.
VOTE OF SUPERVISORS
XX - - - I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT ) CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED March 21 , 1995
c c: County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF
Community Development Director SUPERVISORS AND COUNTY ADMINISTRATOR
BY (/, /y. �i? �� DEPUTY
Off-Sale Alcoholic Beverage Retail Establishments
March 21, 1995
Page TWO
(2) To control the proliferation of new establishments in areas where there are exisft problems with
such establishments or where there is a heave concentration of these types of businesses. In Bay Point it has
-been reported that there are approximately 18 such establishments within a two-mile stretch on the main street of
the community. Criteria should be established in the ordinance referencing the need for a conditional use permit
for new establishments in areas with such heavy concentration or within certain zones around churches and
schools.
MAR-89-1995 16 33 FROM TO B05 TORLRKSON P.83
ORDINANCE NU. N•.5.
AN ORDINANCE. OF THE CITY OF RICHMOND AMENDING SECTION 15.04.190
OF T11S RICHMOND MUNICIPAL CODE TO GRANT A CONDITIONAL USE PEFAIT
TO ALL LEGALLY EXISTING OFF-SALE ALCOHOLIC BEVERAGE RETAIL
ESTABLISHMENTS AND TO AUTHORIZE THE MODIFICATION, DISCONTINUANCE
OR REVOCATION OF CONDITIONAL USE PERMITS GRANTED FOR OFF-SALE
ALCOHOLIC BEVgg AG1a RSTAz>; E3TABLI3ItMFNTB
The Council of the City of Richmond do ordain as follows;
Section 1, Section 15.04.190 B(24) of the RichmUud
Municipal Code is hereby amended to read as follows:
24. Off-sale alcoholin beverage retail establishments,
including convenience markets, liquor stores, and certain other
establishments selling alcoholic beverages for consumption off
the premises..
(a) Notwithstanding any other provision contained in
Chapter 15.04, an off-sale alcoholic beverage retail
establishment shall only be permitted in commercial and
industrial districts (excluding the M-1 district) and only if
approved by the Planning Commission. The Planning Commission may
approve an off-sale alcoholic beverage retail establishment
providing the ueP conforms to the general criteria set forth in
Subsection A, above, to any and all applicable use permit
criteria sat forth in the particular district zoning regulations
and to all of the following criteria:
1 . That the proposed use will not contribute to undue
proliferation of alcoholic beverage establishments in an area
where such additional establishments would be undesirable as
determined by the area's runetion and character, and problem of
crime, loitering, and traffic.
2. That the proposed use will not adversely affect adjacent
or nearby uses, including churches, schools, hospitals, parks,
recreation centers, and residences.
3. That the pcuposcd uac Will not £nt9rfpre with vehicular
or pedestrian circulation along a public street or sidewalk.
k. That the proposed establishment is determined by the
Development Review Organization (URO), as is required by section
15.04205 C(2), to be of an architectural and visual quality that
harmonizes with or enhances, where appropriate, the visual
quality of thA Rurroundinq area, and that the design avoids
unduly large or obtrusive signs, bleak, unlandscape:d parking
areas, and an overall garish appearance.
5.. Thal aacguntc litter receptacles be provided.
(b) All off-sale alcoholic beverage retail establishments
which have beer. legally operating without a conditional use
permit prior to the adoption of this provision of Section
15.04.190 B shall be permitted to operate at their present
location; provided that, such establishments shall not be
permitted to operate without conditional use approval from the
Planning Commission in accordance with Section 15.04.190 B(24) it
any of the following occur:
1. The establishment changes itc type of retail off-sale
liquor license granted by the State Department of Alcoholic
Beverage Control (i.e. beer and wine to distilled liquor).
2. The business operativa of th'e catablichment is
abandoned, suspended or discontinued (including the case where
the retail liquor license for such operation is suspended) for a
period of hnA hundred and twenty (120) days; provided that, this
provision shall not apply when the business operation is
suspended or discontinued because the building or structure in
MRR-09-1995 16:34 FROM TO
BOS TORLRKSON P.04
which the establishment is operating is: W dcotroyed or damoged
due to causes beyond the owner of the establishment's control
(i.e. fire, flood, act of God, etc. ) and which prevents the
establishment from operating, or (2) being remodeled, enlarged or
improved which prevents the establishment from operating,
provided that building and other appropriate City permits have
been obtained within one hundred and twenty (120) days after the
business operation is discontinued, in the event that such
building and other City permits expire or are revoked, then such
establishment shall be required to obtain a conditional use
permit in order to continue or reestablish its operation.
3. The square footage within the establishment devoted to
the sale of alcoholic beverages is increased by twenty-five (25)
percent or more.
4. The retail liquor license is transferred to another
location within the City of Richmond or the establishment, either
in whole or in part, is moved or relocat..ed to another location
within the City of Richmond.
c. If the Planning Commission finds, following a public
hearing, that a off-sale alcoholic beverage retail establishment,
which has been legally operating without a conditional use
permit, has been operated or maintained in such a manner that has
rcaulted in repeat-Pd nuisance activities on the premises of the
establishment (including but not limited to disturbances of the
peace, illegal drug activity, public drunkenness, drinking
alcoholic beverages in public, harassment of passersby, gambling,
prosLlLution, sale of stolen gnnds, public urination, theft,
assaults, batteries, acts of vandalism, loitering, excessive
littering, 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), then
the Planning Commission shall grant to such establishment a
conditional use permit in order to continue to operate and impose
such conditions »pon such establishment as the Commission shall
deem appropriate. The Planning Commission shall establish a
date, not to exceed one (1) year from the date of its action, to
conduct a review of the establishment's compliance with the
conditional usa permit. During the,publin hearing the Planning
Commission shall review pertinent reports from the California
Alcoholic Beverage Control, the Richmond Police Department and
any other law enforcement agency.
d. Notwithstanding any other provision of Chapter 15.04 to
the contrary, any conditional use permit granted by virtue of or
in accordance with Section 15.04.190 B(24) may be modified,
discontinued or revoked by the Planning Commission if th=
Commission finds that the use as operated or maintained:
(1) Has resulted in repeated nuisance activities on the
premises of the establishment, including but not limited to,
disturbances of the peace, illegal drug activity, public
drunkenness, drinking alcoholic beverages in public, harassment
of passersby, gambling, prostitution, sale of stolen goods,
public urination, theft, assaults, batteries, acts of vandalism,
loitering, excessive littering, 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; or
(2) violatcc any ordinance of this City or any federal or
state law or regulation; or
(3) violates any of the conditions or terms of the use
permit.
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MRR-09-1995 16:34 FROM
TO BOS TORLRKSON P.05
The procedure for modifying, discontinuing or revoking any
conditional use shall be as set forth in section
15.04.190(C)(9) (b) .
e. In evaluating whphher nuisance activities are occurring
on the premises of an establishment, the Planning Commissivlx, or
the City Council, shall take into consideration whether the owner
of the establishment, or his agent, has taken reasonable steps to
abate the nuisance, including contacting and cooperating with the
Richmond Police Department; provided that, (1 ) neither the owner
of the establishment nor his agent shall be required to engage in
abatement activities that would endanger the safety of the owner
or his agent and (2) the fact that. the owner of the establishment
or his agent calls for Richmond Police Department assistance
shall not by itself constitute a basis for finding that a
nuisance exists on the premises of the establishment,
Section 2. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or invalid, such a
decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it
would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase oL thio ordinance
irrespective of the unconstitutionality or invalidity of any
section, subsection, subdivision, paragraph, sentence, clause or
phrase.
Section 3. This Ordinance shall become effective after its
final passage and adoption.
First read at a regular meeting of the Council of the City
of Richmond, California, held , 1993, and
finally paoced and aAmpted at a regular meeting thereof held
1993, by the following vote:
AYES:
NOES. �
ABSENT:
Clerk of the City of Richmond
Approved:
Mayor
Approved as to form:
City Attorney
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