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HomeMy WebLinkAboutMinutes - June 10, 2003 SSCITY OF LODI INFORMAL INFORMATIONAL MEETING "SHIRTSLEEVE" SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, JUNE 10, 2003 An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, June 10, 2003, commencing at 7:01 a.m. A. ROLL CALL Present: Council Members — Hansen, Howard, Land, and Mayor Hitchcock Absent: Council Members — Beckman Also Present. City Manager Flynn, City Attorney Hays, and City Clerk Blackston B. CITY COUNCIL CALENDAR UPDATE City Clerk Blackston reviewed the weekly calendar (filed). C. TOPIC(S) C-1 "Discussion on the regulation of State Department of Alcoholic Beverage Control licenses within Lodi" Community Development Director Bartlam recalled that in 1998 the Council enacted an ordinance that required a use permit approval in order to gain the ability to receive a license from the State Department of Alcoholic Beverage Control. The use permit process allows the City to approve, deny, and condition an application, as well as to take the license ability away. Applicants have the right to appeal the decision. Since 1998 there have been five off -sale licenses approved by the Planning Commission. In reply to Mayor Hitchcock, Mr. Bartlam explained that the state's guideline is one license per 2,500 people, determined according to census tract information. He reported that Lodi has 54 licenses, which is more than twice the number that the state would determine is necessary for a city with a population of 60,000. J.D. Hightower, City Planner, reported that the largest generators of calls for alcohol- and drug-related incidences are small convenience markets and gas stations. He noted that the Departments of Community Development and Police have been participating in a tracking program developed by the University of Berkeley. In response to Council Member Land, Mr. Bartlam acknowledged that the older part of Lodi has the largest number of licenses, to which he attributed to the way development took place over time. He stated that staff has not been recommending that new licenses be issued to applicants and instead suggest that they look into transferring an existing license from within Lodi. He explained, however, that it is difficult for staff to be effective without a clear understanding of the Council's position on the matter. In answer to questions posed by Mayor Hitchcock, Mr. Bartlam suggested that Council may wish to consider setting a cap at the current number or allowing additional licenses only as the population grows. He reported that an application had recently been received to establish a new license for a proposed gas station and convenience store at the corner of Stockton Street and Harney Lane. According to census tract information in that area, there are fewer licenses than the Department of Alcoholic Beverage Control's guideline; however, he believed that a citywide focus should be made because there is a distribution issue to be considered as well. He noted that if applicants are told they must obtain an existing license, the current licenses will become more valuable and perhaps it will entice some business owners to sell them. Continued June 10, 2003 Mayor Pro Tempore Howard did not believe it would be a detriment if a liquor license was not granted to a proposed business near Highway 12 and Lower Sacramento Road because liquor is sold within a reasonable distance from that area from existing businesses. In answer to Council Member Hansen, Mr. Bartlam estimated that the population has increased 1,000 to 1,500 in the past five years. Council Member Hansen replied that according to the population increase, if licenses were based on growth, approximately every two to three years a new license could be authorized. He pointed out the difficulty in setting a cap because unique situations arise, such as the proposed business at Stockton Street and Harney Lane or the San Miguel Market. In addition, it would conflict with a pro-business stance and recognition of the need for businesses to compete to be successful. Mayor Hitchcock asked what the rationale was for staff's position on this issue and whether there have been law enforcement problems. Mr. Bartlam explained that the State Department of Alcoholic Beverage Control found after the riots that occurred in Los Angeles following the Rodney King trial, that the over concentration of alcohol outlets in east Los Angeles and south Central Los Angeles contributed to the outbreak of the activity. Police Captain Main reported that convenience stores attract large congregations of people and when there is drinking involved it often leads to problems. Police Officers spend a lot of time patrolling these businesses, and when calls are made, it requires two to three units to respond because of the number of people at the location. PUBLIC COMMENTS: • Ranj Aulakh stated that he applied for a use permit to obtain a beer and wine liquor license for a proposed gas station at Stockton Street and Harney Lane. He explained that in the convenience store market beer and wine sales are a vital part of the business and it impacts the sale of other items such as snack foods. He stated that, according to census tract information, the area is under concentrated for liquor licenses and for this reason he believed that the business would be serving public necessity and convenience to the growing area. He stated that the only way they could invest money to develop the site is if they were certain that they would be able to get a beer and wine license, because without it, it would cut their revenue by at least 30%. • Eva Wishek and Larry Fortes stated that they are considering opening a family restaurant and brew pub in the old Woolworth building downtown and will need an on- site license. Mr. Bartlam commented that staff has supported on -sale licenses that are associated with a bonafide restaurant. In reply to Mayor Hitchcock, Mr. Bartlam explained that the only way to revoke liquor licenses that were issued to Lodi businesses prior to 1998 would be through the State Department of Alcoholic Beverage Control, which is only done under extreme circumstances. Council Member Hansen suggested that staff return to Council with policy options related to this matter. D. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS None. 2 Continued June 10, 2003 E. ADJOURNMENT No action was taken by the City Council. The meeting was adjourned at 8:13 a.m. ATTEST: Susan J. Blackston City Clerk r�.r/eiai.+sir.�'e�rarav�.wiaiaw.riari�omalai.«rraei�.,sr�aiai..+,iaiiriwiaai�,R>.mvr.:+*irrri�� iai.�raiaiaiaioraiaia�/aimriaiaTMiai«sisiaiaiaiaraiv.;wisiai�:asiriw Mayor's S Council Member's Weekly Calendar .IA1161 a.� WEEK OF JUNE 10, 2003 Tuesday, June 10, 2003 7:00 a.m. Shirtsleeve Session 1. Discussion on the regulation of State Department of Alcoholic Beverage Control licenses within Lodi Wednesday, June 11, 2003 Thursday, June 12, 2003 Friday, June 13, 2003 Saturday, June 14, 2003 Reminder APPA Annual National Conference, Nashville, Tennessee. (June 14- 18, 2003) Sunday, June 15, 2003 Monday, June 16, 2003 5:30 p.m. Celebration on Central Volunteer Appreciation Picnic, Parsons Point, Lodi Lake Park. Disclaimer: This calendar contains only information that was provided to the City Clerk's office N.\Administmtion\CLERK\FORMS\Mcalndr.doc CITY OF LODI COUNCIL COMMUNICATION Oq< FOR�`Q AGENDA TITLE: Discussion on the regulation of State Department of Alcoholic Beverage Control licenses within Lodi MEETING DATE: June 10, 2003 PREPARED BY: J.D. Hightower, City Planner RECOMMENDED ACTION: Discuss the regulation of State Department of Alcoholic Beverage Control licenses within Lodi. BACKGROUND INFORMATION: At the May 21, 2003 meeting, the City Council heard an appeal of Juan Diaz regarding a Planning Commission decision to require that he gain a transfer of an existing ABC license within Lodi for his establishment at 725 South Cherokee Lane. During this matter, Council directed staff to bring the matter of general policy of regulating ABC licenses at a shirtsleeve meeting for further discussion. The action taken during the Diaz hearing was to grant a new "off -sale" license within Lodi to the appellant, however, no direction on future requests was given at the meeting. There are a number of general directions that the City may take regarding regulation, from no regulation of licenses, to setting a moratorium on new licenses within Lodi. Between these two extremes there are a number of options. It would seem prudent to have some form of City regulation concerning State issued ABC licenses. State issued licenses set minimum standards that may or may not meet community expectations. A numeric cap is the simplest to enforce from a staff perspective. If a cap is desired, then the main question is the number of licenses that should be active within the City. In setting a cap, it is noteworthy that there are several establishments that have expressed an interest in obtaining ABC licenses as part of their business plan. In fact, since the May 21 Council meeting, the Rancho San Miguel Market at the old Tokay Bowl site has filed an application for a Use Permit for two off -sale licenses, one for the supermarket and one for the mini -market. The Rancho San Miguel Use Permit was filed on May 30, 2003. Also, on June 3rd, a Use Permit application was filed for an off -sale ABC license at a potential mini -market located at the northwest corner of Stockton Street and Harney Lane. The owner of the Econo-Gas station at Victor Road and Beckman Street has contacted staff and is expected to file an application for a Use Permit as well. FUNDING: None required Konradt Bartla Community Development Director APPROVED: H. Dixon Wni -- abc license shirtsleeve report.doc — I- - 06/04/03