POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: IX A
MEETING DATE: 3/22/2022
TITLE
Alcoholic Beverage Control Licensing
RECOMMENDED ACTION
Approve or Deny Resolution 2022-10
ANALYSIS
The Bureau of Alcoholic Beverage Control (ABC) has ultimate authority to grant all forms of alcohol licenses. However, it does sometimes require local approval. Current state law limits the issuance of new licenses in geographical regions defined as high crime areas or in areas of “undue concentration” of retail alcohol outlets.
State law provides the ultimate decision be made by localities when the “undue concentration” applies. “Undue concentration” can be best understood as a higher ratio of licenses per census tract area. California Business and Professions Code section 23817.5 restricts the issuance of new off-sale beer and wine licenses in cities and counties where the number of these licenses exceeds one license for each 2,500 residents, which is clearly a standard created for urban areas.
However, these restrictions can be ameliorated in specified circumstances when the local jurisdiction makes a determination that the applicant would serve “public convenience or necessity.” Such a standard is demonstrated when the liquor license applicant proves that the business operation will provide some kind of benefit to the surrounding community.
The “undue concentration” standard is triggered when more than one permit has been approved per 2500 people. However, our census tract (111.02) also includes Gualala for a total population of 4,436. By ABC standards, only one license could be issued in this Census tract.
When the City Council adopted the zoning code that designated certain land uses with the likelihood of selling alcohol (food stores, markets, cafes, restaurants) as “principally permitted uses” in commercial zoning districts, the Council implicitly permitted the sale of alcohol at these businesses. The zoning code requires a conditional use permit for bars and restaurants with bars, which provides for Council review of these business types.
Historically, City staff administratively approved alcohol permits for these principally permitted uses in commercial zoning districts. When conditional use permits are required for bars and bars with restaurants (like the recently-approved Brewers and Blenders permit application), the Council is the decision-making body. When use permits have been approved for bars with restaurants, City staff administratively approved alcohol permit applications in reliance on those approvals.
Staff is recommending continuing this practice, where alcohol permits are reviewed and approved administratively, with staff approving alcohol permits for by-right uses, and only approving alcohol permits for discretionary uses after the Council has approved a use permit. Alternatively, the Council could direct staff to bring alcohol permit applications for their review on a stricter basis.
Resolution 2022-10 would authorize the City Manager to approve licenses that require the “public convenience or necessity” standard be applied. However, if our City Planner determines that a Coastal Commission CDUP is required, it will become a part of that approval process.
FISCAL IMPACT
Administrative staff time.
ATTACHMENTS
• Current alcohol licenses in Point Arena
• Resolution 2022-10
CITY MANAGER SIGNATURE
_________________________________
Paul Andersen, City Manager
Currently, the following active businesses in Point Arena have a license from ABC:
Business License Type Approved
by ABC
Point Arena Hotel/Liquor
Store
Class 21: Off-Sale General 2001
The Pier Chowder House &
Tap Room
Class 41: On-Sale Beer & Wine –
Eating Place
2009
Arena Market & Café Class 41: On-Sale Beer & Wine –
Eating Place
2010
Pirate’s Cove Class 41: On-Sale Beer & Wine –
Eating Place
2018
Point Arena Pizza Class 41: On-Sale Beer & Wine –
Eating Place
2019
Sign of the Whale Class 48: On-Sale General: Public
Premises
2019
Bird Café and Supper Club Class 41: On-Sale Beer & Wine – Eating Place
2019
Arena Theater Association Class 64: Special On-Sale General for Nonprofit Theater Company
2020
Center Street Market Class 20: Off Sale Beer & Wine 2022 GAMA Class 41: On-Sale Beer & Wine –
Eating Place
2022
The following businesses within 5 miles also have licenses:
Rollerville Café Class 41: On-Sale Beer & Wine –
Eating Place
2006
Lighthouse Pointe Class 20: Off Sale Beer & Wine 2006
Garcia River Casino Class 41: On-Sale Beer & Wine –
Eating Place
2011
RESOLUTION NO. 2022-10
RESOLUTION OF THE POINT ARENA CITY COUNCIL DESIGNATING THE CITY OF POINT ARENA’S AUTHORIZED AGENT FOR DETERMINING PUBLIC CONVENIENCE NECESSITY
FOR ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSES
WHEREAS, from time to time Alcohol Beverage Control staff determine there is an “undue concentration” in relation to the number of alcohol-related licenses that currently exist in the City; and
WHEREAS, as a result of the undue concentration, California Code Section 23958.4 requires that “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 notification of a completed application that public convenience or necessity would be served by the issuance.” WHEREAS, the Coastal Development Use Permit process affords the opportunity to determine use of property by new establishments requiring a Alcohol Beverage Control Permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Point Arena appoints the City Manager as its designated representative for matters affecting retail alcohol licensing in Point Arena except in those requiring a Coastal Development Use permit.
PASSED AND ADOPTED The foregoing Resolution No. 2022-10 was passed and adopted at a Regular meeting of the Point Arena City Council on the 22nd day of March, 2022 by the following vote. Motion by _______, Seconded by ________.
Ayes:
Noes:
Absent:
Abstain:
SCOTT IGNACIO
Mayor
ATTEST:
Paul Andersen
City Clerk