{ Alcohol Policy Discussion April 9, 2015

 State – Alcohol Beverage Control  Local – Stockton Development Code Statutes

 California Alcoholic Beverage Control Act (2015)  Compilation of  Business and Professions Code  California Code of Regulations  Miscellaneous Related Statutes (Penal, Financial, etc.) State of California

 Business and Professions Code  Division 9 – Alcoholic Beverages  Establishes Dept. of Alcoholic Beverage Control (ABC)  Establishes licensing process  Limits numbers of outlets  Creates rules for operation  Enforcement procedures State of California

“Undue Concentration” Caused by… 1. Non-compliance with Ratio Standards 2. High Crime Reporting District State of California

 Ratio Standards  Section – Offsale general license …the number of premises for which an offsale general license is issued shall be limited to one for each 2,500… inhabitants of the county in which the premises are situated;…  Onsale license = 1/2,000 State of California

 Ratio Standards  Census Tracts that exceed the ratio standards are considered… Unduly Concentrated State of California

 High Crime Reporting District  Section a.1 …a crime reporting district that has a 20 percent greater number of reported crimes…than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency… State of California

 Crime Standards  Crime Reporting Districts that have 20% more reported crimes than the average Crime Reporting District are considered… Unduly Concentrated State of California

 Section – Exception to limits on off–sale beer and wine licenses to serve public convenience and necessity.  Exceptions are required for an additional license in an Unduly Concentrated Census Tract or Crime Reporting District State of California

a(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. State of California

What is public convenience or necessity? State of California

What is public convenience or necessity? Up to local agency to decide. State of California

Questions on State of California? State of California

Regulates Alcohol through… 1. Basic Separation Standard (off-sale) 2. Use Permit Findings 3. Problem Use Findings City of Stockton

Alcoholic beverage sales (off-sale). A. Separation Standards – 300’ from K-12 school B. Problem Use Findings Required C. Sidewalk Cafes City of Stockton

Alcoholic beverage sales (off-sale). This section provides development standards for the off-sale of alcoholic beverages (off-site consumption) where they are allowed in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements) for alcoholic beverage sales, sale of alcohol (off-sale) and convenience stores. A. Separation Standards. The minimum separation between establishments selling alcoholic beverages for off-site consumption (except grocery stores and large-scale commercial stores greater than 40,000 square feet in size) and public and private academic schools for students in kindergarten through 12th grade shall be 300 feet (education facilities, academic schools). B. Problem Use. The off-sale of alcoholic beverages shall be deemed a problem use subject to a Commission use permit in compliance with Chapter (Use Permits) and the requirements of Section (Problem Uses). C. Sidewalk Café. Any sidewalk café that serves alcohol on a public sidewalk or public right-of-way is authorized by the Council, in compliance with Section (Drinking liquor in public), if: 1. A revocable permit is obtained in compliance with Section (Revocable permit); and 2. The applicable permit is obtained in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements). (Ord C.S. § 1, eff ; Ord C.S., eff ; prior code § ) City of Stockton

Use Permit Findings The proposed use… Is allowed in the zoning district and complies with Municipal Code; Would maintain or strengthen the integrity and character of the neighborhood and zoning district; Would be consistent with the General Plan and all other plans; Located on a site that is physically suitable – services, access, hazards, etc.; Would not endanger, jeopardize, or otherwise constitute a hazards to the public convenience, health, interest, safety, or general welfare of the neighborhood; Would be compatible with existing and future land use on –site and in the vicinity; Would be in compliance with CEQA. City of Stockton

Use Permit Findings The proposed use… Is allowed in the zoning district and complies with Municipal Code; Would maintain or strengthen the integrity and character of the neighborhood and zoning district; Would be consistent with the General Plan and all other plans; Located on a site that is physically suitable – services, access, hazards, etc.; Would not endanger, jeopardize, or otherwise constitute a hazards to the public convenience, health, interest, safety, or general welfare of the neighborhood; Would be compatible with existing and future land use on –site and in the vicinity; Would be in compliance with CEQA. City of Stockton

Use Permit Findings The proposed use… Would maintain or strengthen the integrity and character of the neighborhood and zoning district; Would not endanger, jeopardize, or otherwise constitute a hazards to the public convenience, health, interest, safety, or general welfare of the neighborhood; Would be compatible with existing and future land use on –site and in the vicinity; City of Stockton

Problem Use Findings The proposed use… I s not likely to interfere with the comfortable enjoyment of life or property in the area; The proposed use will not increase or encourage the deterioration or blight of the area; and The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential. City of Stockton

  Findings are Inherently Speculative   Each applicant pledges good behavior   Use Permits are forever (no sunset clause)   Enforcement/Revocation very difficult without process City of Stockton

Questions about City of Stockton process? City of Stockton

Questions about City of Stockton process? Alcohol Policy -

Stockton has… 281 off-sale alcohol establishments 281 off-sale alcohol establishments 1 for every 1,067 people 1 for every 1,067 people 2.34 X the standard (1/2,500) 2.34 X the standard (1/2,500) 20% more than Oakland per capita 20% more than Oakland per capita 334 on-sale alcohol establishments 334 on-sale alcohol establishments 1 for every 898 people 1 for every 898 people 2.23 X the standard (1,2000) 2.23 X the standard (1,2000) 25% fewer than Oakland per capita 25% fewer than Oakland per capita Background

 Many outlets pre-date Use Permits  Use Permits do not sunset with un-use  City has not compiled High Crime Data to determine Undue Concentration  Uses only Ratio Standard Background

CRIMEPERCEPTION COMMUNITY HEALTH SOCIAL ISSUES Issues – Off-Sale

What does the Planning Commission want to address? Issues – Off-Sale

Is there a concern about On- Sale outlets? Issues – On-Sale

Should we address established outlets? Issues – Scope

What does the Planning Commission hope to accomplish with an Ordinance? General Guidance

Questions, Ideas, or Comments? Wrapping it Up

{ Alcohol Policy Discussion April 9, 2015