HomeMy WebLinkAboutAgenda Report - January 7, 1998 Public Comment (2)Continued January 7, 1998
3. The site must have direct access to a minor arterial or higher classification
roadway to maintain acceptable levels of service, and does not adversely impact
area agricultural enterprises. Again, this language is vague and ambiguous.
4. The site shall be within two miles of an urban community. This is the most
frightening of all.
First of all we feel that this ordinance, if enacted would violate the first amendment of our
Constitution, by putting unnecessary restraints on Churches that other entities do not
have to adhere to.
Secondly, according to recent studies, Church growth has not kept pace with population
growth in San Joaquin County. There is actually a shortage of Churches.
As of 1990 there were 270 Churches in the County, serving 36.7% of the County's
population of 480,628. Since 1990 the County has grown by 12.5% with another 7.4%
anticipated by the year 2002.
The Churches are having a difficult time raising enough money to pay for land costs, and
adherence to county regulations as it is. If a two mile limit is placed on them, along with
additional regulations that no one else has to adhere to, in my opinion it shows that the
Board of Supervisors who vote for this ordinance are classifying Churches as undesirable
neighbors, and are in fact prohibiting the free exercise clause of our Constitution."
Mayor Sieglock indicated that he agreed with Mr. Owen's position on this matter.
b) Virginia Snyder, 303 Louie Avenue, Lodi, addressed the City Council regarding AB 849
which would limit alcohol outlets in communities. Further, Ms. Snyder passed out
information which indicated off -sale and on -sale business in the City of Lodi presently and
the number of such licenses that would be allowable under this Bill. Ms. Snyder also
presented pictures of subject businesses located on East Lodi Avenue.
14. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) City Manager Flynn announced that January 4, 1998 was Jack Ronsko's birthday and
extended best wishes to him. Further Mr. Flynn advised that his secretary, Barbara
Reed, has a new display in the Carnegie Forum display cabinet showcasing Kathy
Warner's bunny collection. Also, Mr. Flynn announced that Mrs. Reed has announced
her retirement effective July 21, 1998.
b) City Engineer Prima displayed a sample of the beautiful new street signs that will be used
in the downtown area.
c) Council Member Warner stated that downtown Lodi was as busy and active as he has
ever seen it during the holiday season and urged the community to continue coming and
shopping in the downtown area, because it does make a difference.
d) Council Member Mann stated that at the last Council Meeting he had objected to the
issuance of an Alcoholic Beverage Control (ABC) license to the Roundhouse Bar. He
stated that the information that he had based this objection on was old and that the new
owner is doing a good job. Mr. Mann stated that he feels that the City Council needs to
take a stand in cases where vendors of alcohol do not control their patrons and would
hope that the City would proceed with a process that would allow it to do this.
9
CENSUS INFO for Virginia Snyder
LODI
Census # OFF -SALE Allowed Existing ON -SALE Allowed Existing
4
42.02 Ci 1 ID a$
43.02 ( ia‘ 1- Iy
43.03 i S I
43.05 .3 -6' M 3
43.06 1- 8
44.01 it ill
44.02 3 3 3 a
45
i5
'3
CENSUS TRACTS &
BLOCK GROUPS
CITY OF LODI.
COMMUNITY
DEVELOPMENT,
PLANNING
OUdR INO U.S. M M US
v 1`se ■
41.01(2
41.01(6)
Mat
0
48(3)
42.01(2)
tele(%
,
Wif
�vr• 1111
41.01(4)
41.01(5)
.01(7
12
46(2)
TURNER
45(
S.P R.R
.11111
1111111111111111
Nam
' los
I
43.03(4)
43.05(1)
g— -I
t
3.06(2)
C
44 02
11
41.02(6)
1
C.C.T.
44.01(8)
TRIAL WAY
VINE ST
44.02(1)
41.02(5)
m f
1CTOR RD
12
48(2)
41.02(2)
41.02(4)
AB 849 Assembly Bill - CHAPTERED http://www.leginfo.ca.gov/pub/bill.../ab 849 bill 970929 chaptered.html
BILL NUMBER: AB 849 CHAPTERED
BILL TEXT
CHAPTER 564
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1997
APPROVED BY GOVERNOR SEPTEMBER 28, 1997
PASSED THE ASSEMBLY AUGUST 28, 1997
PASSED THE SENATE AUGUST 7, 1997
AMENDED IN SENATE JULY 21, 1997
AMENDED IN SENATE JULY 11, 1997
AMENDED IN SENATE JUNE 16, 1997
INTRODUCED BY Assembly Member Sweeney
(Principal coauthor: Assembly Member Thompson)
FEBRUARY 27, 1997
An act to amend Sections 23817.5, 23817.7, 23817.8, and 23820 of,
and to add Sections 23817.4, 23817.9, and 23817.10 to, the Business
and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 849, Sweeney. Alcoholic beverages: licenses.
The Alcoholic Beverage Control Act prohibits the application for,
and issuance of, until January 1, 1998, an original retail off -sale
beer and wine license for any premises if the applicant premises are
located in a city, county, or city and county where the number of
retail off -sale beer and wine licenses or total number of retail
off -sale beer and wine licenses and off -sale general licenses exceeds
one license for a certain number of inhabitants. Notwithstanding
any other provision of law, existing law, until January 1, 1998,
allows a retail off -sale beer and wine replacement license to be
issued under specified conditions.
This bill would recast and extend the operation of those
provisions indefinitely. The bill would make related changes.
Existing law also provides that, notwithstanding that prohibition,
until January 1, 1998, the Department of Alcoholic Beverage Control
may: (1) approve an application for a retail off -sale beer and wine
license in those areas if the applicant shows that public convenience
and necessity would be served by the issuance and certain other
conditions are met, and (2) issue a retail off -sale beer and wine
license to a licensed beer and wine wholesaler if certain conditions
relating to location of the license and types of sales are met.
This bill would extend the operation of those enabling provisions
indefinitely and would make conforming changes.
Existing law allows the Department of Alcoholic Beverage Control
to issue additional on -sale or off -sale general licenses for each
specified increase in the number of inhabitants in a county.
This bill would provide similar authorization with respect to
off -sale beer and wine licenses for each specified increase in the
number of inhabitants in a city, county, or city and county.
Existing law prohibits the Department of Alcoholic Beverage
Control from restricting the number of beer, off -sale beer and wine,
beer and wine wholesaler's, or winegrower's licenses in any county,
as specified.
This bill would eliminate that prohibition with respect to
off -sale beer and wine licenses, thereby allowing the department to
restrict the issuance of off -sale beer and wine licenses in a county
to a certain number, as specified.
This bill would state the Legislature's intent concerning a
limitation on the number of premises licensed for the off sale of
beer and wine.
1 of 3 1/9/98 8:35 AM
AB 849 Assembly Bill - CHAPTERED http://www.leginfo.ca.gov/pub/bi11..Jab 849 bill 970929 chaptered.html
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23817.4 is added to the Business and
Professions Code, to read:
23817.4. The Legislature finds and declares that the public
welfare and morals require that there be a limitation on the number
of premises licensed for the off sale of beer and wine.
SEC. 2. Section 23817.5 of the Business and Professions Code is
amended to read:
23817.5. (a) (1) The number of premises for which an off -sale
beer and wine license is issued shall be limited to one for each
2,500, or fraction thereof, inhabitants of the city or county in
which the premises are situated. No additional off -sale beer and
wine license, other than a renewal or transfer or as permitted by
Section 23821, shall be issued in any city or county where the number
of premises for which all off -sale beer and wine licenses are issued
is more than one for each 2,500, or fraction thereof, inhabitants of
the city or county.
(2) The number of premises for which an off -sale beer and wine
license is issued in a city and county, in combination with the
number of premises for which an off -sale general license is issued in
a city and county, shall be limited to one for each 1,250, or
fraction thereof, inhabitants of the city and county in which the
premises are situated. No additional off -sale beer and wine license,
other than a renewal or transfer or as permitted by Section 23821,
shall be issued in any city or county where the number of premises
for which all off -sale beer and wine licenses in combination with
off -sale general licenses are issued is more than one for each 1,250,
or fraction thereof, inhabitants of the city and county.
(b) Notwithstanding subdivision (a), a retail off -sale beer and
wine replacement license shall be issued upon application when all of
the following conditions exist:
(1) The replacement license is only for use at a premises which
was licensed within the past 12 months.
(2) The prior licensee abandoned the premises or the original
license is subject to a bankruptcy proceeding and the prior licensee
has no right to operate at that location. For purposes of this
paragraph, "abandoned" means that the prior licensee is not
exercising dominion or control over the premises.
(3) An applicant for a replacement license shall accompany the
application with a fee of one hundred dollars ($100).
(c) The following limitations shall apply to the issuance of a
replacement license:
(1) The replacement license shall not be transferred to another
premises.
(2) All conditions imposed on the original license shall apply to
the replacement license.
(3) The original license shall not be transferred subsequent to
the issuance of the replacement license.
SEC. 3. Section 23817.7 of the Business and Professions Code is
amended to read:
23817.7. (a) Notwithstanding Section 23817.5, the department may
approve an application for an off -sale beer and wine license in areas
covered by 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.
(2) The applicant premises are located in an area that falls below
the concentration level provided in paragraph (3) of subdivision (a)
of Section 23958.4.
2 of 3 1/9/98 8:35 AM
AB 849 Assembly Bill - CHAPTERED http://www.leginfo.ca.gov/pub/bill.../ab 849 bill 970929_chaptered.html
(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.
SEC. 4. Section 23817.8 of the Business and Professions Code is
amended to read:
23817.8. (a) Notwithstanding Section 23817.5, the department may
approve an application for an off -sale beer and wine license by a
licensed beer and wine wholesaler, even though the applicant premises
will be located in an area having an undue concentration of off -sale
beer and wine licenses, as provided in paragraph (3) of subdivision
(a) of Section 23958.4, provided each of the following conditions are
met:
(1) The off -sale beer and wine license shall be held at the same
location as the beer and wine wholesaler license.
(2) The off -sale beer and wine license shall be restricted to
sales solicited and accepted by direct mail, telephone, or on-line
computer. The off -sale beer and wine license shall not be used for
operations conducted from a retail store open to the public.
(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,
hours, and mode of sale.
SEC. 5. Section 23817.9 is added to the Business and Professions
Code, to read:
23817.9. For the purposes of Section 23817.5, beginning with the
year 2000, population shall be determined by the most recent United
States decennial census or a single subsequent census between United
States decennial censuses validated by the Population Research Unit
of the Department of Finance five years after a United States
decennial census.
SEC. 6. Section 23817.10 is added to the Business and Professions
Code, to read:
23817.10. Whenever it is made to appear to the department by
satisfactory evidence that the population in any city or county has
increased by more than 2,500 or multiples of 2,500 inhabitants or the
population in a city and county has increased by more than 1,250 or
multiples of 1,250 inhabitants since the most recent United States
decennial census and if the total number of off -sale beer and wine
licenses in that city, county, or city and county does not then
exceed the maximum specified in Section 23817.5, the department may
issue additional licenses, not to exceed one off -sale beer and wine
license for each increase of 2,500 inhabitants in the city or county
or for each increase of 1,250 inhabitants in the city and county
since the taking of the census.
SEC. 7. Section 23820 of the Business and Professions Code is
amended to read:
23820. The department may make all rules consistent with the
provisions of Section 22 of Article XX of the Constitution, or the
provisions of this division, necessary to carry into effect the
provisions of this article, and to restrict the issuance of alcoholic
beverage licenses, including seasonal licenses, but not including
beer, beer and wine wholesaler's, and winegrower's licenses, to a
number in any county as the department shall determine is in the
interest of public welfare and morals, convenience, or necessity.
3 of 1/9/98 8:35 AM
AB 849 Assembly Bill - History http://www.leginfo.ca.gov/pub/bill...0801-0850/ab_849_bill history.html
COMPLETE BILL HISTORY
BILL NUMBER : A.B. No. 849
AUTHOR : Sweeney
TOPIC : Alcoholic beverages: licenses.
TYPE OF BILL :
Inactive
Non -Urgency
Non -Appropriations
Majority Vote Required
Non -State -Mandated Local Program
Fiscal
Non -Tax Levy
BILL HISTORY
1997
Sept. 29 Chaptered by Secretary of State - Chapter 564, Statutes of 1997.
Sept. 28 Approved by the Governor.
Sept. 2 Enrolled and to the Governor at 4 p.m.
Aug. 28 Senate amendments concurred in. To enrollment. (Ayes 48. Noes 23.
Page 3847.)
Aug. 25 In Assembly. Concurrence in Senate amendments pending. May be
considered on August 27 pursuant to Assembly Rule 77.
Aug. 7 Read third time, passed, and to Assembly. (Ayes 28. Noes 4. Page
2490.)
July 21 Read second time, amended, and to third reading.
July 18 From committee: Be placed on second reading file pursuant to Senate
Rule 28.8 and be amended.
July 11 From committee chair, with author's amendments: Amend, and re-refer
to committee. Read second time, amended, and re-referred to Com.
on APPR. In committee: Hearing postponed by committee.
June 24 From committee: Do pass, and re-refer to Com. on APPR.
Re-referred. (Ayes 6. Noes 4.).
June 16 From committee chair, with author's amendments: Amend, and re-refer
to committee. Read second time, amended, and re-referred to Com.
on G.O.
June 12 In committee: Hearing postponed by committee.
May 20 Referred to Com. on G.O.
May 12 In Senate. Read first time. To Com. on RLS. for assignment.
May 12 Read third time, passed, and to Senate. (Ayes 48. Noes 23. Page
1547.)
Apr. 28 Read second time. To third reading.
Apr. 24 From committee: Do pass. (Ayes 12. Noes 6.) (April 23).
Apr. 14 From committee: Do pass, and re-refer to Com. on APPR.
Re-referred. (Ayes 8. Noes 6.) (April 14).
Mar. 17 Referred to Com. on G.O.
Feb. 28 From printer. May be heard in committee March 30.
Feb. 27 Read first time. To print.
1 of 1 1/9/98 8:33 AM
AB 849 Assembly Bill - Status http://www.leginfo.ca.gov/pub/bill..._0801-0850/ab_849 bi11_status.html
CURRENT BILL STATUS
MEASURE : A.B. No. 849
AUTHOR(S) Sweeney (Principal coauthor: Thompson).
TOPIC Alcoholic beverages: licenses.
+LAST AMENDED DATE 07/21/97
TYPE OF BILL :
Inactive
Non -Urgency
Non -Appropriations
Majority Vote Required
Non -State -Mandated Local Program
Fiscal
Non -Tax Levy
LAST HIST. ACT. DATE: 09/29/97
LAST HIST. ACTION Chaptered by Secretary of State - Chapter 564,
Statutes of 1997.
31 DAYS IN PRINT 03/30/97
TITLE An act to amend Sections 23817.5, 23817.7, 23817.8, and
23820 of, and to add Sections 23817.4, 23817.9, and
23817.10 to, the Business and Professions Code, relating
to alcoholic beverages.
1 of 1
1/9/98 8:32 AM