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MINUTES - 06231998 - D1
'* Centra caste TO: BOARD OF SUPERVISORS y, County FROM: DENNIS M. BARRY, AICP ''• , DIRECTOR OF COMMUNITY DEVELOPMENT Qs DATE: June 2, 1998 1 SUBJECT: Determination on Referral from the California. Department of Alcoholic Beverage Control concerning a Finding of Public Convenience or Ncesszty for Establishment of Off-Sale Retail Wine and. Beer License at a Remodeled. Gass Station/Mini Mart (San Pablo Liam ARCO) at 4071 San Pablo Dam Read in the El Sobrante area. County File #21977824 SPECIFIC REQUE "I' S5' 5RMECOMMNDAT15R(S) & BACKGROAND JU§TIFICATION RECOMMENDATION Approve option B finding that due to the undue concentration of existing alcoholic beverage sales operations in the El Sobrante area, the requested license at the captioned, site for off-sale retail License for wine and beer would serve neither public convenience nor necessity. BLAU OPTIONS tption _A - Determine that the requested license for off-sale wine and beer will serve public convenience and necessity. Ontion B - Determine that the requested license for off-sale wine and beer will serve neither public convenience nor necessity. FI,9GAL IMP&QT - Making a Finding of Public Convenience and Necessity would allow the California. Department of Alcoholic Beverage Control to issue an off-sale beer and wine license for this site. If a license is issued, then the operation would presumably result in direct fiscal benefits to the County in the form of greater sales tax revenue from the operation. The project could also result in indirect costs to the County. Crime and health problems are often associated with areas which have a concentration of beer and wine sales . If this operation were to be established, it might contribute to increased crime or health problems to the El Sobrante population. Such problems would likely increase service costs to County agencies (Sheriff' s office, Health Services Department, etc. ) . CONTINUED ON ATTACHMENT: X , YES SIGNATURE .� �A.��n - RECOMMENDATION OF COUNTY ADMINISTRATOR REG{74MENDATION OF BOARD COMMI TEE APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON JUNE _: 1 1998 APPROVED AS RECOMMENDED X OTHER rr LS BY THE BOARD ORDERED that Option B is Approved, staff is DMECTED to immediately send a letter to the California Department of Alcoholic Beverage Control. VOTE OF SUPERVISORS I HEREBY" CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS tai THE DATE SHOWN. Contact: Bob Drake [ f510) 335-1214] Orifi: Community Development Department ATTESTED cc: Bill Oliver IL BATCHEI R, CLERK OF Ali Amidy, Sally, LLC THE BOARD OF SUPERVISORS El Sobrante Municipal Advisory Council AND COUNTY ADMINISTRATOR Substance Abuse Advisory Board Calif. Dept. of ABC, Susan Crouch BY DEPUTY c: \wpdoc\lp962108 .bo RD\ Finding of Pub2lc Convenience and Noce,s+sity #4072 San Pablo Dam Road, X2 Sobrante Aj-.i nmi dy (A), County rl2e #987824 Both fiscal benefits and costs (whether direct or otherwise) would be difficult to project with any precision at this time. BACKGROUNDIREASONS EOR RECOMMENDATIONS This site was subject to a recent approval of a land use permit application prior to the applicant filing with the State for off- sale retail license of wine and beer. Develonment PQ1zm,1LJ__Lpplicat ion for R ion/Mini-Mart In December 1996, a land use permit application (County File #LP972108) was filed with the Community Development' Department to .remodel an existing gas car/repair station at #4071 San Pablo Road in the El Sobrante area into a gas station mini-mart with take--out food. Prior to scheduling a hearing, the application was forwarded to the El Sobrante Municipal Advisory Council, El Sobrante Valley Planning and Zoning Committee for comment. The application was heard by the Zoning Administrator on April 7, 1997. At that time, the Zoning Administrator approved the proposed land use subject to conditions . No appeal having been filed in a timely manner, the Zoning Administrator decision ',became final. Attached is a copy of the approved permit. As the time of the preparation of this report, a building permit has been issued and the remodeling work has commenced. application h California D r m liBevel: Control fQr Off: le, Behr and Tine Licence Following the approval of the remodeled gas station, the applicant filed for an off-sale beer and wine license with the California Department of Alcoholic Beverage Control (ABC) . State law has established a moratorium on the approval of new off-sale beer and wine license's in areas of "undue concentration' as defined by State law. Notwithstanding the moratorium, State law also allows that the Department of ABC may issue an off-sale beer and wine license in areas covered by the moratorium if the applicant can show that public convenience or necessity would be served by the issuance, and where all of the following conditions are found to exist. (1) the site is not located in an area of the County that is subject to relatively high crime rates; (2) the site is located in an area that is not within an area of high concentration of off-sale retail licenses;' and (3) the local governing body determines that public convenience or necessity would be served by the issuance of the license. (Section 23817 . 7 of the Business and Professions Code) . The first two determinations are made by the ABC. In this instance, the third determination (public convenience and necessity) is made by the Board of Supervisors . If the County fails to act (make a determination of public convenience and necessity) within 90 days of the date of notification by the ABC, then State law authorizes the ABC to make that determination on its own if the applicant shows the ABC that public convenience or necessity would be served by the issuance. REVIEW BY LO-CAL AGENCIES At the time of hearing of the land use permit application to allow the establishment of a mini-mart in April, 1997, there were no comments opposing sale of wine or beer from the market. The Zoning Administrator- permit places no restriction on the sale of these commodities . -2- Finding of Public Convenience and Necessity #4071 San Pablo ,tuna Road, rl Sobrante Ali Amidy (A), County File #987824 ,romm pity evelopment Depar ant - The .ABC referred the off-sale license application to the Community DevelopmentDepartment on August 1, 1998 . The licensee brought the matter of the ABC review for Finding of Public Convenience and Necessity to the Community Development Department on September 2, 1997 . The site is zoned Retail-Business (R-B) , and the permit authorizes the establishment of a mini--mart. Based on this information, the Community Development Department determined that the proposed off-sale of wine and beer at this site is consistent with the approved land use permit. Substance 612use Advisory Board - In a letter dated' September 26, 1997, the Beard feels that there are a number of alcohol outlets in the area, and has unanimously recommended that the Board of Supervisors find that there is no public convenience or necessity and that associated with the proposed off-sale of wine or beer at this site, and that the license application be denied. El SQbrajjte Municinall A y r -Council - The E1 Sobrante MAC also recommends that a finding of public convenience and necessity cannot be made, and would like to see the license application denied. Sheriff's Office- - No response has been received to date from the Sheriff' s Office. It should be noted that at the time that the County set up a procedure for having the County make a determination, the Sheriff' s Office indicated that they believed that the issuance of licenses for the sale of alcoholic beverages is a State function, and that it was outside the expertise of the Sheriff' s Office to define public convenience and necessity. TIMEFRAME FOR ACT1'NC ON REFERRAL FEQM—ABC The referral for Finding of Public Convenience and 'Necessity for off--sale alcoholic beverages at 4069 San Pablo Dam Road in El Sobrante was received by the Community Development Department on September 2, 1997 . The State law provides that local agencies have 90 days from the date of the receipt of a referral from the State to make the Finding of Public Convenience and Necessity. If the local agency fails to make a determination regarding public convenience or necessity within the 90-day period (in this case, by December 1, 1997) , then the State law authorizes the California Department of Alcoholic Beverage Control (ABC) may issue a license if the applicant shows the department that public convenience or necessity would be served by the issuance [Ref. §23958 . 4 (b) (2) ] . This matter was not scheduled on the agenda of the Board of Supervisors as required by County procedure for a determination of public convenience or necessity within the 90-day period. Before scheduling this item on the agenda of the Board of Supervisors, staff investigated as to whether the ABC would still honor a determination of public convenience or necessity by the Board. On January 9, 1998, staff discussed the matter with the inspector for the ABC who has been assigned the review of the offs-sale alcohol License for this site, Inspector Susan Crouch (639--0628) . She indicated that her office had taken the position that as long as a local agency had not indicated disinterest in reviewing license applications, that the .ABC would allow for indefinite', extension of the time period for a local agency to make a determination. She also indicated that the ABC would not authorize the requested off-sale license in this case until the County had responded to the referral, however much time it may take. -3- Finding of Public Convenience and NacessI ty #4071 San Pablo paw Road, El Sobrante All Amidy (A), County File #957824 DISCUSSIQN A finding of "no public convenience or necessity" for this license application would result in the applicant failing to qualify for the requested license for off-sale of wine and beer. Staff provided the applicant with copies of the letters from the Substance Abuse Advisory Board and from the El Sobrante Municipal Advisory Council , However, the applicant has not responded with any suggestions as to why it would be reasonable for the County to make the finding that would allow this license application to be granted by the State . In view of this circumstance, the Board should sustain the actions of the El Sobrante MAC and Substance Abuse Advisory Council and find that neither public convenience nor necessity would be served by the proposed license application (Option B) . Potential Alternative Ac ion If the Board receives credible evidence that either public conveninence or necessity would be served by this license application, then the Board could adopt Option A which would allow the Department of ABC to issue the license. -4- r�a t r,�o as iv f,t i D OPPIPIG PARTNER l YES-- NO j i RPPL1CHTION FOR RLCOHOL BFUF�#RGF LCE SF(S) TO: i Department of Alcoholic Beverage Control Fife Number......... "...3 3921 76"7'7 Oakport Street,Suite 1020 Receipt Number.....i...11: $919 Oakland,,CA 94621 Geographical Code.1'.... 00 (510)639-0628 ate :` - �t mte DISTRICT T`SERVING LOCA71ON: OAKLAND KLAND Name of Business: SAN PABLO RD ARCO Location of Business: Number and Street 4069 SAN PABLO DAM RD City,State Zip Code EL SOBRANTB CA 94803 County CONTRA COSTA t Is premise inside city limits? NO Mailing Address: (If diff'mnt from 16840 CYPRESS WY premise address) LOS GATOS CA 95032 If promise licensed: Type of license Transferor's name0liccnse: THRIFTY PAYLESS INC 31.141:5 � i;C tiS i`SlY3(� 'i�S313 LQ^ 2'VY3P EW T=ft mfite,r DIM Data I t 1. 20 OFF—SALE BEER AND PERSON TO pe SON TRAINS NA YES 0 Atm 01 1997 $50.00 2. 20 OF?—SALE BEER AND ANNUAL FEE NA YES 0 XUb 01 1997 $34«00 3. 20 Opp—SALE sE£R AND PREMISE To PREMISE TRA, NA YES 0 AUP 01 1997 $100.40 TOTAL $104.00 Havc you ever been Have you ever violated any provisions of she Alcoholic Sev*gc' ontroi convicted of a felony? NO ct.or regulations of the Department ptatsining to the Act? 0 r ...� B Iain afy"Yes" to the above q tioas on an ataachment which shaft be deemed put of this Lcatioa. Applicant agrees (a) that any m maga employed in on-sale licensed predse will have all tete quaHAcati© s of a Iicensee,and(b) that he will not violate or cause or pern-4t to be violated any of the provisions of the Alcoholic Beverage Control Act. STAOF CALIF RNTA. County of CONTRA COSTA ' I?ttc AUG:..01,1997 Uadsc ity Dai«7+each paxoc whose sigrr;<ttttt appt�trs txlav,a:etifres anti qyr.(i}, g}c ar saa�ptirsat.or one at t#k sp wr.�r�-�rvsvc s�aGar vt tkso a�tiesstt aospelaCoa.aattted in thts fot�tgoittd appGoatioa duly autt,osxed W mrkc this appheax+oo on its beAatt:t3) tiwt he hat read Ua tare Dias and lttio.rs the eoatents tbtacot and that aac#t of the abovo its thassitt made art tree;t8# ttmt no porion Deter thea fess epgcam or xf pterin Ase my dura est brut tit in tbt luaw or applicsnt's bvsissess to be ooaducud acuici dee liextrxtfs#far wltic}t this application is acadc f4# thst the arsnster appueWden cr d transfer is Heti rr setisfp set ymax of a Iaao or to WWI as agraemerx toxucd"trtto rntrtC thaD atoctytf90}tlays Drecedi�g tAc day 4a atiitb d+e vvda•appt ck"n is,fs�ed with dtc Depaatmeat vt to gala or emWish a pmfat=to or t+x�Wf crediwr or transferor ar trs defraud or enface nay ctvditor of aarntaw:t� that dsc wamfer appticalioa troy be widmkaw by�c6i; t he apptysaot of the liccnset with lac resultiq lisbsit"sty tss the l3cpattrnctu i Applicant Name(s) Applicant Signa \e,AMI�DY ALI -�' r f i 1 ADC 211 (5/96) 1 f .^� ' TO{T iL P.02 �.}L' a Ag _ OLo ro m .ti as Z3 tt� o . ro CL j 03Q 3 o ' yy ac Q3 w q> L O Co Q O i a CL .0 o V v � � crows Asa tit W - O a to} ? c � U! n atl •vy Z E E tLt O C v •- 3 ' sz? 4 8 U vm -oo a 0 sts c � U as .J U �"> > sy ° � n ° V aha 4a <L1 0 C tU 'X L7 O 0 sn C Ul C M � « �N a ill O Cl) <S fn C 0- .0 ,In �} r�y W 6t tU e G m 0 .r C U < 0 8 s(n e a rn C 2 — .0 ro ` aav ,�, -C L o� 2 � ar E E t sa .w p w E c s 3 q cvw es C ss is ro o Lo ' >, Asn CL *1C c� m 40- sv d -0 c 0 p aroi suc arks ysv �» nLroi � +w+ Ear � � � tjai �` � � 0 (D 0 azo sem v> N0 Lurots rp rao n= 0 3 u, off' t3 �.. ` csu mro suscn s- � i t° C IV r' tit cxf s�Z� J N cu cu ° o .a10 0, `�( ami .W mo CL 06 c 0— — <_____ CO yo Assembly Bill No. 2841 CHAPTER 869 i n^ An act to amend Sections 23817.7 and 23958,4 of the Business and Professions Code, relating to alcoholic beverages. [Approved by Governor September 24,1996.Filed with Secretary of State September 25,1996.1 LEGISLATIVE COUNSELS DIGS AB 2841, Hoge. Alcoholic. beverages; retail 'licenses: undue concentration. } The Alcoholic Beverage Control Act requires the Department of Alcoholic Beverage Control to deny an application for a license if issuance would result in or add to an undue concentration of licenses. Existing. law defines undue concentration and provides that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration_of licenses,certain licenses may be issued if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. This bill would instead allow that determination to be made by the local governing body or its designated subordinate officer or body. e bill would requite that determination to be made within 90 days of Uptification of a completed application,as specified,except that if the local governing body, or its designated subordinate officer or body,did not make a determination within.90 days, the department would be authorized to issue a license if the'applicant shows..that ' # publicconvenience or necessity would be served by the issuance. The bill would make related changes. The.people.of the State ofCkhfornia do enact as follows. SEC'T'ION 1. Section 23817.7 of the Business and Professions Code is amended to read: 23817.7. (a) Notwithstanding the moratorium provision of Section 23817.5, the department may approve an application for an off-sale beer and wine license in areas covered by the moratorium provided for in Section 23817.5, if the applicant shows that public convenience or necessity would be served by the issuance,and where all of the following conditions are found to exist: (1) The applicant premises are located in a crime reporting district that is below that specified pursuant to paragraph (1) of subdivision (a) of Section 23958.4. Y Ch. 869 -2- (2) 2- (2) The applicant premises are located in an area that fabs below the concentration level provided in paragraph (3) of subdivision (a) .of Section 23958.4. (3) The local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines that public convenience or necessity would be served by the issuance. (b) The department may impose reasonable conditions on a licensee as may be needed in the interest of the public health,safety, and welfare regarding signing, training for responsible beverage sales and hours, and mode of sale. (c) This section shall remain` in effect only until January 1, 1998, and as of that date is repealed, unless a later enacted statute, that is. enacted before January 1, 1998, deletes or extends that date. SEC. 2. Section 23958.4 of the Business and Professions Code is amended to read: 23958.4. (a) For purposes of Section 23958, "undue concentration" means the case in which the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting, district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local,law enforcement agency. (2) As to on-sale retail license applications, the ratio of on sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant •; premises are located. (3) As to off-sale retail license applications, the ratio of off-she retail licenses to population in the census.tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to-population in the county in which the applicant premises are located. (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on-sale bona Bale eating place license,a retail license issued for a hotel,motel-,or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer . manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of --3--- Ch. 869 notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receipt by the local governing body of . (A) notification by the department of an application for licensure,or (B) a-completed application according to local requirements, if any, whichever is later.. If the local governing body,or its designated subordinate officer or body,does not make a determiination within the 90-day period,then the department may issue a license if the applicant shows the department that public.convenience or necessity would be served by the issuance. In making its determination, the department shall not attribute any weight to the failure of the local.:governing body,or its. designated subordinate officer or body, to make a determination regarding public convenience or necessity within.the 90-day period. (c) For purposes of this section, the following definitions.shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (cityor the unincorporated area of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. (2) "Reported crimes"means,the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft,combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division"means the population as determined by the most recent United States decennial or special census.The population determination shall rLgt . - - operate-to prevent an applicant from establishing that.an increase of resident population has occurred within the census tract'or ceras division. (4) "Population in the county"shall be determined by the annual population estimate for California .counties published by the Population Research Unlit of the Department of Finance.' (5) "Retail licenses" shall include the following: (A) Off sale retail licenses: Type-20 (off-sale beer and wine) and Type 21 (off-sale general). (P) On-sale retail licenses: All retail on-sale licenses, except Type 43 (on-sale beer and wine for train),Type 44 (on-sale beer and wine for fishing party boat), Type 45 (on-sale beer and wined for boat), Type 46 (on-sale beer and wine for airplane), 'Type 53 (on-sale general-for train and sleeping car), Type 54 (on-sale general for boat), Type 55 (on-sale general for airplane), Type 56 (on-sale general for vessels of more than 1,000 tons burden), and Type 62 93 xY. Ch. 869 -4— (on-sale -4-- (on-sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A"premises to premises transfer"refers to each license being . separate and distinct, and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearlyretail license count published by the department in its Procedure Manual. -(e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring In Los Angeles from April 29 to May-- 2, 1992, ay_.2, 1992, to reopen and operate thcxse licensed premises. (f) This section shall not apply if the premises have been licensed and operated with the same type license within 90 days of the application. i T 0 w Z olix 0< I .ca z a Q1 � V I 8 am, N £ _ � U 3� m � � � 00 'OE �' CL 0 EEE, E 41 / So t P! �� � Q j w m ra o 5 { D.11 7p� THE BOARD OR SUPERVISORS 4F =_ CONTRA COSTA COUNTY, CALIFORNIA '. Adopted this Order on September 19, 1995, by the following vote: #t#: AYES: supervisors Rogers, Desaulnier, Torlakson, Bishop NOESt supervisor smith ABSENT: None # ABSTAIN. None 1t01t0Y1BqllilYl%iICMYi[gl.....MltliOlt....11..........siritllCfiy6ls....lROfkkY9[11.b7iMRt6YFl CrIRR1tYISi.lCfifYSltlf[fYMRYtrbR �rIA{R SUBJECT: Process for Determining a Finding of Public Conveni- ence and Necessity for Liquor License Applicants The Board considered the report of V. Alexeeff,pirector, Growth Management and Economic Development Agency proposing a process of eight procedures for determining a finding of public TV convenience and necessity for liquor license applicants in the # # unincorporated area of Contra Costa County. Kx Dennis Barry, Deputy Director, Community Development . Department, summarized the issues relative to making the required ;� r 5 finding of public convenience and necessity. He noted that there are currently four applications pending: D. Kaplan (dba Bonfare Markets) , J. Kaur and H. Singh, S. Sadruddin, and J. S. Bedi (dbp <z' Pacheco BP) . -44 Commander R. Henderson, representing Sheriff Warren Rupf on this matter, advised that the Sheriff does not have any objections to the issuance of licenses for the individuals or the #} >' companies that have applied to this Board. He stated that the s3j£ sheriff believes that the issuance of a State license providing for the sale of alcoholic beverages is a state function and 3t suggested that the Board seek legislative relief to the law that " became effective January 1, 1995, assigning some of this responsibility to county and city governing bodies. Captain Henderson expressed the position that it is outside the +expertise. of the sheriff's Department to define public convenience and necessity. y" Supervisor Rogers advised that he could not support the #' >43 opening of now liquor stores without having the conditional use € permit requirement applied. #a 45 The following persons spoke: 'F } s j Don Kaplan, representing the California Grocers Association and Bonfars Market, 211 Port Chicago Highway, Bay Point; and Alalia Del Vale, representing the County's Health Services Department and Community Substance Abuse Services, 597 Center Avenue, suite 320, Martinez. tAll persons desiring to speak were heard. g k ,t } .;x 1 1i I Supervisor Smith concurred with tate position of the Sheriff ` ,� that local government not be required to make:this decision relative to the issuance of a State License to sell alcoholic # beverages. In referring to the proposed procedures, Supervisor Torlakson expressed his support for the proposed process a r j presented and of his belief that the Sheriff as well as the local community group, such as an elected or appointed munici al .. advisory council, review these applications. He suggested that y fSE the Sheriff determine to recommend approval or denial or simply , ." not comment based on whether there is no need to comment and that in this way the Sheriff's role would be relatively minor. However, supervisor Torlakson advised that if the local community group or municipal advisory council and the Sheriff were not opposed to an application, the application could be listed on the Board's Consent Calendar for approval. He noted that if there t '• were opposing decisions, applications of this type would have to be scheduled for deliberation on the Board's Agenda. He also suggested that the applicant provide a copy of his application to the Health services Department. Therefore, Supervisor Torlakson moved that the Board approve proposed the ra p p procedure as amended to provide for the review of the application by the Sheriff and local community group or J. municipal advisory council as stated above with i courtesy copy ' of.,the application to the Health Services Department, and the ad ition of Procedure No. 9 to sk � provide that where a conditional land use permit is applicable, the'process shall recognize that requirement. The motion was seconded by Supervisor Rovers. Mr. Barry requested clarification that the intent of the x motion provided for those areas where there is no municipal ` h advisory council, the local community group, such as the Alamo Improvement Association or the Crockett Improvement Association, T would be the local review body for those applications within their sphere of influence. The Board concurred with the role of the local community group as stated by Mr. Barry. There being no further discussion, IT IS BY THE BOARD ORDERED that the motion of Supervisor Torlakson as presented above is APPROVED. (See attachment on the Process to Obtain a Finding of Public Convenience or Necessity for Retail Liquor h Licenses in the Unincorporated Area of Contra Costa County) s IT IS FURTHER ORDERED that the Board DETERMINES a finding of public convenience in support of the application of Sonfare i# k Market for the States Alcohol-Beverage Control. to issue an Off- ;. Safe General License at 223 Port Chicago Highway, Bay Point, e California 94565. £ IT IS FURTHER ORDERED that the applications of J. Kaur and H. Singh, S. Sadruddin, and J. S. Bedi (dba Pacheco BP) are REFERRED to Community Development staff and the Municipal : z Advisory Councils for recommendation to the Board through the process adopted this day. t hereby certify OW cola it a true end correct copy of an action taken and entered on ft minutes of the Bow of Arresr€creptember 19, 1995 s e PHIL SATCHMOR,CW*of the Soara y of Superviam and C:ocmty Aftinietrator &w F cc: /Community Development f State Dept. of ABC ` : ___.Deputy Sheriff-Coroner ' j Health Services County Counsel u Ai x r tr } II FINDING OF PUBLIC CONVENIENCE PROCESS TO OBTAIN A FINOR NECESSITY FOR RETAIL LIQUOR LICENSES IN THE xy UNINCORPORATED AREA OF CONTRA COSTA COUNTY t F§ 1. Community Development Department (CDD) .requires an applicant' to fill out a form and pay a $50 application fee. 2. Planner checks the Zoning ordinance and General Plan, parcel 7sr and permit history. j 3. Planner indicates whether the request is consistent/inconsis- tent with the Zoning and General Plan and whether the appli- ' cant is required to follow an additional permitting process under the site zoning or General Plan. 4. Applicant takes the form to the local community group, (such -M,3Ad, as a municipal advisory council, improvement association, or f other local advisory body) for review and approval. 5. Applicant takes the form to the Sheriff and pays a fee (to be S,t determined by the Sheriff) and a copy to the Health Services � t Department. 6..,,,The Sheriff may recommend approval or denial, or not comment } if he has no objections. 3 7. The applicant's form with the relevant signatures of the Community Development Department, Sheriff, and local community group (municipal advisory council, improvement association, etc.) in support of the application is placed on the Board of supervisors' consent Agenda. If the local community group,-or Sheriff disagree, the appli- cant's form is scheduled for deliberation on the Hoard's # Agenda. 8. The applicant's form with the Board of supervisors finding is r submitted to the Department of Alcohol and Beverage Control sRA is (ABC) . a as>ro ° 9. Where a conditional land use permit is applicable, this xfi process shall recognize that requirement. ,� sz z F r � 4 K � 7 4' } Z r S} K f > �t �xK O 1 f COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR. RETAIL LIQUOR LICENSE FINDING OF PUBLIC CONVENIENCE OR NECESSITY Date: ` Iz l 7 Name of Licensee: _ 4 1-1 AM i 0.y Doing Business As (if any): 5AQ FA 61-0 bAM ARC-0 Address: 40 69 SAW PA131-6 t>AH RD. 61- .SOGRAMTE Telephone: ra ?5 - 3.2 3 REQUEST: LJOn Premises Wff Premises OBeer&Visine LIAII Liquor FOR. OFFICE USE ONLY Parcel #: _. General Plan: __ ( Zoning: ; — ". 12L`-� Additional Entitlements: Conditions Cleared: - -- Requirements for Additional Processing: Finding of Coilsistellcy: Yes CJ No Receipt #: 0 Community Development Department Signature: CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Hasseltine Best APPLICATION NO. LP962108 3182 Old Tunnel Rd. Suite E Lafayette, CA 94549 ASSESSOR'S PARCEL NO. 420-193-004, OWNER: Bill Oliver ZONING DISTRICT: R-B 7 Campbell Lane El Sobrante, CA 94803 APPROVED DATE: 4-7-97 EFFECTIVE DATE: 4-18-97 This matter not having been appealed within the time prescribed by law, a permit for THE CONVERSION TO A CONVENIENCE MARKET&TAKE OUT FOOD OPERATION is hereby GRANTED subject to the attached conditions. HARVEY E. BRAGDON, Director Community Development Department By: *A Debbie Chamberlain-Actxng Zoning Aaininisirator Unless otherwise provided, THIS PERMIT WILL EXPIRE ONE(1) YEAR from the effective date if the use allowed by this permit in not established within that time. PLEASE. NOTE THE EFFECTIVEDATE, as no further notification will be sent by,this office. FINDINGS AND CONDITIONS OF APPROVAL FOR LAND USE PERMIT/DEVELOPMENT PLAN NO. LP962I08 (Hasseltine Best Applicant); BILL OLIVER (Owner) - Conversion of Auto Garage to a Convenience Store in the El Sohrante area. FINDINGS A. Compliance with Growth Management Performance Standards 1. Traffic The project will not be adding significant traffic impacts to the local or regional roads and intersections. Any additional traffic that night be created is not sufficient to require a 1988 Measure "C" traffic study. The proposed change is intended to allow the conversion of an existing structure from one. type of commercial use to another type of commercial use. 2. Water - The site lies within the service area of the East Bay Municipal Utility District. The proposed project will require a hook-up to the district's water supply. 3. Sanitary Sewer - The site lies within the service area of the West County Sanitary District. The proposed project will require hook-up to the District's sewage disposal system. 4. Fire Protection - The site lies with one and mile of a fire station (##4640 Appian Way). 5, Public Protection- The proposed project will not increase the papulation of the area because it constitutes a service improvement to the community'. 6. Parks and Recreation - The proposed project will not increase the population of the area because it constitutes a service improvement to the community. 7. Flood Control and Drainage - The project involves the conversion of an existing building and does not involve the addition of any impervious surface, therefore, the project will not result in additional runoff'into the drainage system. The site lies within the floodplain of San Pablo Creek (FEMA Flood Zone A). If the estimated cost of the remodeling of the existing structure exceeds 50% of the market value of the existing structure, the applicant will be required to bring the structure into compliance with the Floodplain Management Ordinance. (Ref.' the Growth Management Element of the General Plan) ............................I.............................I.................. . .................................................................... 2 B. Land Use Permit/Development Plan Findings I That the proposed conditional land use shall not be detrimental to the health, safety, and general welfare of the county. 2. That it shall not adversely affect the orderly development of property within the county. $ 3. That it shall not adversely affect the preservation of property values and the protection of the tax base within the county, 4. That it shall not adversely affect the policy and goals as set by the general plan. 5. That it shall not create a nuisance and/or enforcement problem within the neighborhood or community. 6. That is shall not encourage marginal development with the neighborhood. 7. That special conditions or unique characteristics of the subject property and its location or surroundings are established. (Ref. §26-2.2008 and§26-2.2010 of the County Code) C. Variance Findings I That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located, 2. That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district. 3. That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located, (Ref. §26-2.2006 of the County Code) 3 CONDITIONS OF APPROVAL 1. Development is approved as generally shown on the revised plans submitted by the applicant, received by the Community Development Department on February 19, 1997, subject to final review and approval by the County Zoning Administrator prior to the issuance of a building permit and subject to the conditions listed below'. Required Revisions to Site Plan - Prior to issuance of a building permit, the applicant shall submit a revised site plan that reduces the area of the proposed planter box as generally shown on the attached Staff Study dated March 30, 1997. This change is intended to maintain access to the dumpster on the side of the building. Also, air and water facilities shall be noted on the revised plan and placed so that they will not interfere with the traffic flow in and out of the hardware store and gasoline areas. 2. The proposed structure{s} shall be similar to that shown on submitted plans received February 19, 1997 by the Community Development Department. 3. Review of Building Elevations - Prior to the issuance of a building permit, elevations and architectural design of the building shall be subject to the final review and approval by the County Zoning Administrator. A. The roofs and exterior walls of the buildings shall be free of such objects as air conditioning or utility equipment, television aerials, etc., or screened from view. B. The exterior of the building shall be stucco. C. The elevations shall include a color palette indicating proposed exterior colors. D. The drawings shall include elevations of the existing gas island canopy with paint improvements to harmonize with the design of the convenience',store. E. The drawings shall also provide for painting of the existing gage at the east side of the building. 4. Authorization of Variances - Approval is granted to allow for variances to the requirements of the Off Street Parking Ordinance for number of parking spaces and frontage planter improvements as authorized by Section 26-2.2006 of the County Ordinance Code as follows: 3t'0 Minimum 8 on-stet parking spaces required by zoning ordinance. 4 spaces approved. Minimum 4-foot wide frontage planter required by zoning ordinance. None required. 4 5. Grant Deed of Easement for Parking and Access Facilities on Adjoining Hardware Store Site -Prior to issuance of a building permit, the applicant shall provide evidence that the a grant deed has been recorded that provides an easement benefitting the subject property over access (driveway) and parking facilities on the adjoining site identified as Assessor's Parcel Numbers 420-193-003 & - 007, which at the time of the granting of this land use permit contained a hardware store. The grant deed shall state that the purpose of the easement is to satisfy this land use permit. , The applicant is urged to consult with an attorney or title company on the appropriate form for the grant deed. Prior to recording the grant deed, the applicant shall submit a copy of the proposed grant deed to the Community Development Department for the review and approval of the Zoning Administrator. 6. Parking Improvement Plan - A parking plan shall be submitted for review and approval by the Zoning Administrator prior to issuance of building permits. The plan shall include the following requirements. A. Striping of proposed on-site spaces, and re-striping of spaces on the Hardware Store property (Assessor's Parcel No. 420-193-003 &-007). R All parking spaces shall be double striped. C. Handicapped spaces and compact car stalls shall be appropriately identified. 7. Procedure to be Followed if Cultural Materials are Encountered During_Construction - If any significant cultural materials such as artifacts, human burials, or the like are encountered during construction operations, such operations shall cease within 10 feet of the find, the Community Development Department shall be notified within 24-hours and a qualified archaeologist contacted and retained for further recommendations. Significant cultural materials include, but are not limited to, aboriginal human remains, chipped stone, groundstone, shell and bone artifacts, concentrations of fire cracked rock, ash, charcoal, shell, bone, and historic features such as privies or building foundations. 8. Review of Final Landscape Plan - A final landscaping and irrigation plan prepared by either a licensed landscape architect or licensed landscape contractor for all ',areas shown on the plan shall be submitted for review and approval of the Zoning Administrator prior to issuance of building permits. A. The proposed planters shall be placed in a concrete planter box that is raised approximately six inches above the adjoining parking spaces. s B. The landscaping shall provide for at least ten 5-gallon shrubs and seasonal flowers for color. C. Landscaping shall comply with the Water Conservation Landscape for New Developments Ordinance, Chapter 82-26. The plans shall be certified for compliance with the Water Conservation and shall be certified for compliance with the design and reporting standards of the ordinance by a landscape architect or gther landscape professional. D. The approved landscape plans shall be installed at least one week prior to seeking finalization of the building permit. At that time, the applicant shall contact the project planner (335-1214) to ask for verification that approved plants have been correctly installed. 9. Sign Control PLQr m - Development and use of signs of this site shall be governed by the restrictions of the S-2, Sign Control Combining District. Prior to issuance of a building permit, the applicant shall submit a sign program in compliance with the S-2 district for the review and approval of the Zoning Administrator, including payment of any related processing fee. 10. Payment of Any Supplemental Application Fees that may be Due - This application is subject to an initial application fee of$4770 which was paid with the application submittal, plus time and material costs if the application review expenses exceed 120% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. You may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be to you shortly after permit issuance. Conditions Pertaining to Take-Out Food Activity 11. Applicant's Responsibility for Regular Trash Pick-U12 in the Vicinity of the Site - At least three times a week, pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on public property within four hundred feet of any boundary of the premises on which such take-out food establishment is located. 12. Ataplicant's Responsibility for Trash Pick-Up if Requested by an Owner of Nearby Property -Upon the request of any owner of private property located within four hundred feet of any boundary of the premises on which the take-out food establishment is located, at least three times a week, pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on such private property visible from a public street. (Ordinance 89-5 §2). 6 13. Cash D=sit to Serve as Performance Security for Duration of Take-Out Food Operation - Prior to issuance of a building permit, the proprietor shall post a cash deposit, in the amount of$1,125 to cover possible costs of trash, litter or garbage removal should the proprietor of the take-out food establishment fail to properly police the area. If the cash deposit, falls below $1,125, then the proprietor of the take-out food establishment shall deposit the difference forthwith. If inflation makes an increase necessary in the security amount, the Zoning Administrator may make the necessary changes at a public hearing. , ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. Comply with the requirements of the West County Sanitary District. B. Comply with the requirements of the West County(Consolidated) Fire Protection District. C. Comply with the requirements of the Health Services Department, Environmental Health Division (646-2521). All plans associated with the creation of a food facility must be reviewed and approved by the Department's plan check section before any work commences on this project. D. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. E. This project may be subject to the requirements of the Department of Fish& Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within the development;that may affect and fish and wildlife resources, per the Fish and Game Code. G. This project may be subject to the requirements of the United States Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if permit is required. 7 H. The project lies within the 100-year flood boundary as designated on the Federal Emergency Agency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. Prior to seeking a building permit, the applicant is encouraged to contact the Acting Floodplain Administrator at 313-2248 as to what is needed to comply with the requirements of the Ordinance including documentation that the project may be exempt front the Ordinance, RHD/aa LP'VTI/2108-96c.RHD 3/31/97 fT 1 78 1477 14713 _7 1479 1480 6 P.1 t � t VIp t t RANCHO SGHOOL f a4 y G �}s�•a s►•w • r r •r D-1 t1 n MILLV1EW r1 rs x J SCHOOL kZ� 4" tM t R-10Ri 7� �" N f` .6 ,L N Ve 3 � + } t E 8 M U 0 r AVE vt f -6 �r 4. .. x { t _.:. c ckC, O 0 0 f t .Q --•-7t} ,moi V� � �) { � Ail • 2 1"' y, +tet is T• M (:y;JS) • ;• :� N r �` - �� +1'4-{may �'h.' � y'C ►i • .fl/� �� � '}. 41 roe _ ,-_ �t _�. —� � ,� �• "cam =�. �: �,C7 �`x, ,,, • rt +fx- ,� N x "�.. \ a+ ��` •+sem.:. i 'Y ,+' #� tpptA1V• { "�> $ `' LA CC!C.tNA r a (Das !R1 t has 0 go `'� .,� •rte 1 �, � IVE b REVIEW BY LOCAL ADVISORY BODY _ G SoBRAW t'� MAC tz t'jfl .- (CAVZi .Advisory Bogy ❑ RECOMMEND APPROVAL RECOMMEND DENIAL Date of Action: October 8, 1997 Name of Presiding Officer: Reva Clark Signature of Presiding Officer: Once this has been completed, please submit to: Community Development Department 651 Pine Street, 4th Floor, North Wahl; Martinez,CA 94553 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT Date: Scheduled for Consent Calendar on: rrr � r cr+ -D. CONTRA COSTA COUNTY SUBSTANCE ABUSE A.UVISURYBa'ART1 597 Center Avenue,Suite 320 Martinez, CA 945.53 } +,ir , t N r DEP T September 26, 1997 •13istrict 11 Marion Beverly Dkkens Joanna Gomes Jeann Stimel Contra Costa County Community Development Department -District2 652 Pane Street, 4th Floor, North Wing Dorothy Buffington, Martinez, California 94553 Vice Chair Marie Kiyoi To Whom It May Concern: Lisa Korpus •l2astrit3 Last Wednesday, September 24, the Substance Tom Aswad, Chair Abuse Advisory Board (SAAB) reviewed Mr. Ali Robert Cox Aidy' s application for a retail liquor license at Sally Panella the San Pablo Ilam. ARCO gas station located at 4069 •District 4 San Pablo Dam Road in Bl Sobrante. Robbie Bush Paul Costa Jeanne Sti mel, one of the SAAB members Joseph Partansky appointed to District I toured and mapped out the number of alcohol outlets in the area. Ms Stimmel' s -LuLtrict5 findings were discussed at the general meeting, a Lisa Bautista-Rivera motion was made and unanimously passed recommending Paul Harrod to the Planning Committee and the Municipal •At Large Members Advisory Council that Mr. Amidy' s request be Dr.Arthur F.Manning denied. The grounds for this recommendation is that Peter Muller the number of alcohol outlets in San Pablo Dart Road Ellen R.Peterson clearly establishes no need or public 'convenience Patricia Thompson to open up another off--sale liquor license. Sincerely yours, 6�171— '4� 4.5 Zu4' Torn Aswad, Chair A:\saab.caldera.doc 1 CONTRA COSTA COUNTY SUBSTANCE AB'USEADY1rSORYBOARD 597 Center Avenue,Suite 320 Martinez, CA 94553 -District] September 26, 1997 Marion Beverly Dicks Joanna Gomes Jeann Stimel Mr. Bob Sullivan El Sobrante Municipal Advisory Council -District 2 Dorothy Buffington, Mr. Bob Sullivan: Vice Chair Marie Kiyoi Last Wednesday, September 24, the ' Substance Lisa Korpus Abuse Advisor Board Advisory (SAAB) reviewed '. Mr. Ali •District 3 Am.idy' s application for a retail liquor license at Tom Aswad, Chair the San Pablo Dam ARCO gas station located at 4069 Robert Cox San Pablo Dam Road in El Sobrante. Sally Panella Jeanne Stimmel, one of the SAAB members Robbie Bush appointed to District I toured and mapped out the Paul Costa number of alcohol outlets in the area. Ms Stimmel' s Joseph Partansky findings were discussed at the general meeting, a motion was made and unanimously passed recommending •Divoict5 to the Planning Committee and the Municipal Lisa Bautista-Rivera Advisory Council that Mr. Amidy' s request be Paul Harrod denied. The grounds for this recommendation is that •AtLaMeMembers the number of alcohol outlets in San Pablo Dam Road Dr.Arthur F.Manning clearly establishes no need or public convenience Peter Muller to open up another off-sale liquor license. Ellen R.Peterson Patricia Thompson Sincerely yours, 4V d-,:20— Tom Aswad, Chair A:\saab.caldera.doc 1 >s t . l Notification List for Board of Linda Best Bill Oliver Supervisors Hearing on Off- Hasseltine Best 7 Campbell Lane Sale Retail License of Wine & 3182 Old Tunnel Road, Ste. E El Sobrante, CA 94803 Beer, 4071 San Pablo Ilam Rd, Lafayette, CA 94549 El Sobrante, File#ZI977824 Ali Amidy Substance Abuse Advisory Board El Sobrante Municipal Advisory Sally, LLC c/o Amalia Gonzalez-Del Valle Council 16840 Cypress Way Health Services Department 6210 Bay View Avenue Los Gatos, CA 95030 Substance Abuse Administration El Sobrante, CA 94803 Martinez, INTEROFFICE El Sobrante Valley Planning& Sheriffs Office Susan Crouch Zoning Committee Administration& Community California Dept. of Alcoholic PO Box 20136 Services.Division Beverage Control El Sobrante, CA 94802-0136 7677 Oakport Street, Suite#1020 INTEROFFICE Oakland, CA 94621 c:lwpdoc1zi977824.lab RD1 REQUEST TO SPEAR FARM (THREE, (3) MINUTE LIMIT Complete this form and place it in the box near the speak L—'--," rostrum before addressing the Ba Crd. Name: t : Phone: Address: hr '� a> mac:£ :'. city: f I am speaking for myself..., or organization: :f ,`ti'"w,� x ,'t ,.;" f ft�sme>.vf organisation= CHECK 'ONE: I wish to speak on Agenda Item # Date• ,� ` My comments will be. general for. against r ,w I wiW to speak oo the subject of ..,'p.- Y I !� riot wish to speak but leave these comments' for the BoArd4 to consider: k'> REQUEST TO SPEAR 709M # (THREE (3) NINUTB LIMIT) Complete this form and place it in: the box near the speakers' rostrum before addressing the Board. Name: l 1 ,G�'..�` phone: 3 !dr 2. 3 �s 3s ; Address: City: I am speaking for myself or organization: (rWW of organUst ani CHECK OxZ z I wish to speak on Agenda Item T _ Date: 4 -2 3 -P My comments will be. general — for against I wish to speak on the subject of ?_ 1 L f C I do not wish to speak but leave these comments for the Board to consider: ........ ......... ......... ......... ......... ......... ......... .............. _. _ .. ....... ......._..... ......... ......... ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... _ _. _...... ......... ......... .. ....... ......... RBQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers" rostrum before addressing the Board. Name: kA e Phone Address: City: I an speaking for myself or organizations - Owe of orwizstion) CHECK ONE`€ A— I wish to speak on Agenda Item # -�. bate: .. O/Z-3/V My comments will be: general for X against sa I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: EZQUEST TO SPEAK "RX (THREE (3) MINUTE LIMIT) ' Complete this form and place it in the box near the speakers' rostrum bq^re addressing the Beard.. Name: Phone: . . J &-ZZ) Address: City:. . I am speaking for myself 9rg2 ization; n of arganizetion) CHECK ONZI I wish to speak on Agenda Item # Bate: CIMy comments will be: general fop against wish to speak on the Ject of I do not a c speak but leave these comments for the to. nsiderf RROURST TO SPEAK TOM (' .`IME (3) XIN M LI]XT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board j Name: fid ` Phone;L "{� Address: ' ' Q� ` ' City: ," I am speaking for myself or organization: 5�t� ,��� �� �'�� �• Ow" Of omnizntion) CRECK ONE: I wish to speak on Agenda Item # Date: ' - 1 My;comments' will be general for against I Irish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider; .S�'eVEST T4 SPEAK FORM (TE (3) MINUTE LIMIT)�✓ Complete this form and ,place it in the box near the speakers' rostrum, be addressing the Burd. Mame: - 0/!' Phone: Address: City: I am speaking for myself or organization; V1Sar� Cz+G3t2. J (now of orw zation) CHECK ONE: I wish to speak on Agenda Item # Date; My comments will be; general for against Y I wish to speak on the subject of I do not wish to ,speak but leave these comments for the Board to consider; Go l.den Gate Shell Statiolz _. Mini .Mart . Ligd JUN 2 4 EW East Ba -DeWheld � � . Schoo Super Stcpn ,.a; * to �s fCom bcc1 e' b ;"mac ca a `e ea � _ -, .0 3. '. q �a P-4 Q apCQ i �cz' .40 Ranuc 34 � 3�t r--O ,, JI ��'x fi �.. 4� Cap �1. t.0t#t?C� PJ s Restaurant �* _& Cockta' 11 DC�ancy' s far . "Oum J;ay Vee Liquor Shell, L Gas 331 wixl� .. � Cellar Wi ae sDi � } � al.es Ma.rke t t l y s�Ji ie y i& Liquor - 10 41 A16hol Polk Network OF SDA COUNRY PAXTRANSNMSION DATE: TO: FROM: - - FAX, # PAGE$ W/COVER: RE: COIVMN TS: 2. DoIj t Kauar Ghuman 2638653 98€ 42739 15-day suspension, 4vindc'Ghutmn begfiming{date Stay 3&A l4farGet off sale pursuant to 23099 5325 Valley'View Road b=&wine El Sobmnte Sale to minor. ------------ 3. Rafael I- Pemz 30483,5 96037392 La HaciendaChi 4 3' ,NoticeBar 1847 Rumrill Boulevard on-sale makes Dent's San Pablo go-neralon of 3-20-97public premises finali'bC:9fiuw%on of h after 5-7-".(Goof d) q �1 law enfomement X� PDblem 3-20-97 Dmiatvnr Revocation.with revccaiott stayed for 2 yeas,upon c,OftdidOm which include 34-day suspension. 3-30-98,ABG Appeals Board Debt's I)OcW 5n. 2�12 Ninth&rftc, Swire 3 leo.G}4.71AD + (510)548-9#322 FA3C ES t n)j4R4URj ..................... ..............................................................................................................................................................................1''..'',....... ...................................................................................................................... .............................. 20 FCEIVE TO: Substance Abuse Advisory Board FROM: Jeann Stimel JUN RE: Update Report on Liquor Licenses in El Sobrante DT: March 7, 1998 KRV ORS STA00, This is to infbrm,you that a clerk while working at J&A Market at 5325 Valley View Road,El Sobrante has been cited for selling liquor to a minor by the Contra Costa County Sheriff Department Decoy Program per Contra Costa County Detective Tom Conger. Other El Sobrante establishm.ents likewise cited for selling liquor to a minor under the Decoy Program says Detective Conger are: Jay Vee Liquor 3640 San Pablo Dam Road El Sobrante, CA El Sobrante Shell Food mart 3621 San Pablo Dam Road El Sobrante, CA N&H Market 4917 Appian Way El Sobrante, CA 4'e'• Alcohol Beverage Control Actions reflect the following El Sobrante Liquor selling establishments for a recent instance of selling liquor to a minor: KWIK Stop Market 4247 Appian Way El Sobrante, CA United Food& Gas 521 Appian Way El Sobrante, CA 4- As reflected in a page A4 article of the West County Times on Tuesday,November4, 1997,crime is escalating—wherein a Unocal Mini Mart was"roughed up and robbed"while attempting to close the Mini Mart part of the gas station called El Sobrante Unocal 3753 San Pablo Dam Road,El Sobrante at 7:30 PM . In neighboring San Pablo there was the October 1997 Mini Mart owner BaIjinder Singh shot and killed shortly after he opened the Top Gas Mini mart at Rurnrill Boulevard and Pine Street at 6:00 am. The covering article appeared on Page A-3 of the West County Times newspaper Tuesday, October 21, 1997 ............ ..... ..... i �:• Then too in the neighboring city of Richmond five businesses were cited for selling j alcohol to minors during a sting operation in November per page A$of the Times on December 2, 1997. These businesses include: Rose&Mike's Liquor, A&A Mini Mart,J&S Liquors, Sunrise Liquors and Carlson Food Market. ❖ At the October 8, 1997 meeting of the El Sobrante Municipal advisory council a vote to consider a new Ufa Sale liquor licensee for the under construction"San Pablo Dam ARCO Gas station of Mr. Ali Amidy located at 4069 San Pablo Siam Road. A vote was taken,to deny the new liquor license because of excessive liquor selling outlets already in existence. �.• At the December 10, 1997 meeting o the El Sobrante Municipal Advisory Council a vote to consider a new off-sale liquor license for the newly constructed Golden Gate Shell Mini Mart(located at 5329A San Pablo Dam Road,El Sobrante California was taken and the resulting vote DENIED recommending the new liquor license because of excessive liquor selling outlets already in existence. The expected$8000 -$10.000 monthly incomeform beer and wine sale a the Golden Gate shell Mini-Mart could not be realized. *:► During the Public Comment segment of the January 14, 1998 meeting>of the El Sobrante MAC Mr.Raj Ahman appeared stating that he owns J&A Market at 5325 Valley Vier Road,El Sobrante and that the owners of Golden Gate Shell Station Mini Mart(5329A)had offered to buy his liquor license form him. Mr. Ahrunan asked that discussion of a possible transfer of liquor license be placed on the February agenda. PS A week or so later,Mr. Raj Ahnman WITHDREW his request-----asking that the topic be dropped',from the February 11, 1998 a agenda.of the El Sobrante MAC stating that it wouldn't be necessary for his proposed transfer of liquor license to come before the El Sobrante MAC due to the category of being a"Premise to Premise"transfer. •3 In a community with a population of 19,000 as El Sobrante having six citations to clerks selling alcohol to minors is UNACCEPTABLE. The fact that a clerk at J&A Market was one of those cited by the CCC Sheriff'Department Decoy Program because of selling alcohol to minors reflects poor management, lack of concern for the El Sobrante youth, and inadequate training of employees who sell liquor. Our investigations reflect that granting a renewal of the liquor license to Mr. Ah an of the J&A Market at 5325 galley Road El Sobrante, Who has also clearly stated his intent of selling the liquor license as a premise to premise transfer to the Golden Cate Shell Gas Mini Mart at 5329A San Pablo Dam Road,El Sobrante is an attempt to CIRCUMVENT THE PR.EV`IUUS0 DENIAL ON DECEMBER. 10, 1997 by El Sobrante Municipal Advisory Council---an elected body representing the citizens of El Sobrante. CONTRA COSTA COUNTY SUBSTANCE ABUSE ADVI S`ORYBOARD 597 Center Avenue,Suste 320 s Martinez,CA 94553 September, 26, 1997 district 1 Marion Beverly Dickens Joanna Games JeannStimel Mr. Bob Sullivan El Sobrante Municipal Advisory Council Disg ct 2 Dorothy Buffington, Mr. Bob Sullivan. Vice Chair MarieKryai Last Wednesday, September 24, the Substance Lisa Korpus Abuse Advisory Hoard (SAAB) reviewed! Mr. Ali -District3 Amidy' s application for a retail liquor license at Tom Aswad, Chair the San Pablo team ARCO? gas station located at 4069 Robert Cox Sar: Pablo Dam road in El Sobrante. Sally Panella Jeanne Stim el, one of the SAAB members •obbiect4 appointed to District I toured and mapped out the Robbie Bush number of alcohol outlets in the area. Ms' Stimmel' s Paul Costa Joseph Partansky findings were discussed at the general meeting, a motion was made and unanimously passed recommending istriet5 to the Planning Committee and the Municipal. LisaBautistaRivera Advisory Council. that Mr. Amidy' s request be Paul Harrod denied. The grounds for this recommendation is that -At LareMembers 'the number of alcohol, outlets in San Pablo Dam Road Dr.ArthurfF.Manning clearly establishes no need or public convenience Peter Muller to open up another off-sale liquor license;. Ellen R.Peterson Patricia Thompson Sincerely yours, � , V a 4 Tam. Aswad, Chair A.\saab.caldera.dcc 1 • .:s.. wt ..�. l ` a`* doc►r.#or, thea,they "pushed open Ceeter 7 ,sed roughed her up.;said -40M�: the boor :^ 'Detective Andre Charles. EI:S4i31A TE' Cii#za" of j i Ae one-man gushed the clerk County Sham's.det Ives are ask the other then a gun and ing for 3ielp tiIA0g two men'h' 'a ' ? made off on foot with a white doth robbed and"roug'�ed up thq �gel,of cash;said Charles a rt t�a' pret��.� /y# are not sure if the men were t.^ ha a car. +A. "£he men�p r ed.the e - Thef are descxi`bed as tai white clerkjust before she+closed.then xu i mart part of the'g;as Statift kt 3753 'men, bndd acid ne 30. a tattoo vn uPa Pablo nam.Road 07-30 P m : woman an a skull* San ',:.' s,:tajl`r- �F t per body Of w Wednesday %e other is,a�rhite M�aailbetween were �Mg a;90S I,• 2{3 and 25 years ears old with�ta�too'on which they plated bN the lis his hd 2 �s said both are l'kely and begged the c3she to let them in xo be Mees. the market bemire dosed Its main, An yc�ae with information is askec doors for the eveninared en the to call'Charles at 313-2654. As the+clerk preptoop J