The Hermosa Beach Neighborhood Association
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State of California Law & the ABC Act regarding new Alcohol Licenses
Still Water Contemporary American Bistro, 1601 PCH
Questions for the Hermosa Beach City Council members regarding:
The Conditional Use Permit for the Still Water Contemporary American Bistro at 1601 Pacific Coast Highway
A. Does the City of Hermosa Beach incur additional legal liability by granting new alcohol licenses in the city?
B. Will there be an increase of alcohol related crime and nuisance in Hermosa Beach, by granting new alcohol licenses?
C. Will the safety of Hermosa Beach school children be put at increased risk by the granting of new alcohol licenses within 600 feet of the Hermosa Valley School?
What State of California laws are being violated by granting a new
General On-Sale Alcohol License and a new Off-Sale Alcohol License?
CA Laws & the ABC Act for new Alcohol Licenses in a city
1. Undue Concentration of ABC On-Sale alcohol licenses in a Census Tract.
2. The premises and/or parking facilities are located or adjacent to a residential area. Issuance of this license will cause residents to be affected by increased crimes, late night noise, disturbance, and competition for parking.
3. Rule 61.4, that the license of the premises will not interfere with the quiet enjoyment of local residences.
4. The premises will create a law enforcement problem and also add to the existing law enforcement problems and to the existing concentration of assault related violence.
5. Issuance of the license will add to public nuisance in the area, specifically, it will be injurious to the health of, offensive to the senses of, and obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property of an entire neighborhood.
6. The premises is located within the immediate vicinity of religious, school, or youth facilities and normal operation of the premises will interfere with their functions.
7. The premises is located within and on the access route to a public recreational facilities and normal operation of the premises will interfere with the functions of their recreational facilities.
8. The applicant is requesting a new ABC Off-Sale license that would violate the moratorium of the issuance of new ABC Beer and Wine Off-
Information Regarding:
THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
The are California State Laws that the Department of Alcoholic Beverage Control enforces when granting Alcohol Licenses.
The mission of the Department of Alcoholic Beverage Control is to
administer the provisions of the Alcoholic Beverage Control Act in a
manner that fosters and protects the health, safety, welfare, and economic
well being of the people of the State.
Some grounds the ABC uses
for protest or denial of a alcohol license are:
For example, the applicant falsified his application, has a disqualifying police record, has a record of chronic insobriety, is not the true owner, or is not at least 21 years of age, and/or
For example the premises is too close to a school, church, hospital, playground, nonprofit youth facility or residence and would disturb the facility or resident;
the premises is located in a high-crime area and does not serve public convenience or necessity;
the applicant does not have legal tenancy;
the license would create a public nuisance;
zoning is improper for alcohol sales. 1. CA Law & the ABC Act: Undue Concentration of On-Sale alcohol licenses in a Census Tract. One ABC On-Sale license is allowed per 1000 residents in a Census Tract.
The
There appears to be 8 On-Sale Alcohol Licenses currently operating in Census Tract 6210.01, the addition of Stillwater American Bistro location would make 9 On-Sale Alcohol Licenses in the Census Tract. More than double the number of ABC Licenses set by California State Law.
ABC Act, BUSINESS AND
PROFESSIONS CODE
23958.4. (a) For purposes of
Section 23958, "undue concentration"
2. CA Law & the ABC Act: The premises and/or parking facilities are located or adjacent to a residential area. Issuance of this license will cause residents to be affected by increased crimes, late night noise, disturbance, and competition for parking.
The
Hermosa Beach Crime Categories That Have Shown an Increase from 1998 thru 2004 Criminal Adult Total Calls Disturbance Burglary Robbery Assaults DUI Citations Arrests For Service Calls 1998 -- 113 17 77 150 562 608 19,951 3,199 2004 -- 140 20 143 195 1,419 1,388 30,215 4,201 Criminal Adult Total Calls Disturbance Burglary Robbery Assaults DUI Citations Arrests For Service Calls
Up Up Up Up Up Up Up Up 23.9 % 17.6 % 85.7 % 30 % 152 % 128 % 51.4 % 31.3 %
Crime Statistics from: The Hermosa Beach Police Department 1995-2004 Activity Report
From 1995 to 2004, the numbers of all Assaults, Adult Arrests, Criminal Citations and Disturbance Calls in Hermosa Beach had reached an all time highs.
ABC Act, BUSINESS
AND PROFESSIONS CODE 3. CA Law & the ABC Act: Rule 61.4, that the license of the premises will not interfere with the quiet enjoyment of local residences.
There are numerous residential apartment buildings and condo buildings
located adjacent and next to the
HB Planning Commission Annual Review of CUP's Commodore Apartments
310-379-1600
Peppertree Apartments
(310) 372-0705
Villa
Hermosa Beach Disturbance Calls were Up 31% from 1998 to 2004 HBPD Calls for Service were Up 51% from 1998 to 2004
ABC Act, BUSINESS AND
PROFESSIONS CODE
23790. No retail license shall be
issued for any premises which are
4. CA Law & the ABC Act: The premises will create a law enforcement problem and also add to the existing law enforcement problems and to the existing concentration of assault related violence. From 1995 to 2004, the numbers of all Assaults in Hermosa Beach have reached an all time high. All Assaults were Up 85% in Hermosa Beach from 1998 to 2004 From 1995 to 2004, the numbers of Adult Arrests in Hermosa Beach had reached an all time high. Adult Arrests were Up 128% in Hermosa Beach from 1998 to 2004 Hermosa Beach had a year 2000 population of 18,566. For years 2001 to 2004, the HBPD averaged more than 30,000 Calls for Service a year.
Manhattan Beach had a year 2000 population of 33,852. For years 2001 to 2004, the MBPD averaged less than 20,000 Calls for Service a year.
Comparison of 1998 to 2004 CJSC crime statistics for: Hermosa Beach, Manhattan Beach, Redondo Beach and El Segundo
Club 705 is in the same Census Tract 6210.01 as the Still Water American Bistro at 1601 PCH.
Modification or Revocation of the Conditional Use Permit for on-sale alcohol, live entertainment with two stages and additional bar and added seating, outside dining and outside waiting area in conjunction with 705 Pier Avenue, Club 705/Saffire Staff Recommended Action: To direct staff as deemed appropriate. http://www.hermosabch.org/departments/building/agenmin/pc20061206/6.pdf
ABC Act, BUSINESS
AND PROFESSIONS CODE 23815. It is hereby determined that the public welfare and morals require that there be a limitation on the number of premises licensed for the sale of distilled spirits. 23816. The number of premises for which an onsale general license is issued shall be limited to one for each 2,000, or fraction thereof, inhabitants of the county in which the premises are situated. No additional onsale general licenses, other than a renewal or transfer or as permitted by Section 23821, shall be issued in any county where the number of all premises for which onsale general licenses are issued is more than one for each 2,000, or fraction thereof, inhabitants of the county. No onsale general license shall be issued in lieu of or upon the cancellation or surrender of an onsale beer and wine license. 5. CA Law & the ABC Act: Issuance of the license will add to public nuisance in the area, specifically, it will be injurious to the health of, offensive to the senses of, and obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property of an entire neighborhood. From 1995 to 2004, the numbers of Disturbance Calls in Hermosa Beach had reached an all time high.
Hermosa Beach Disturbance Calls Up 31% from 1998 to 2004
From 1995 to 2004, the numbers of Criminal Citations in Hermosa Beach had reached an all time high.
Hermosa Beach Criminal Citations Up 152% from 1998 to 2004
Hermosa Beach DUI Arrests Up 90% from 1998 to 2003
Hermosa Beach DUI Arrests Up 30% from 1998 to 2004
Problems with Club 705 alcohol outlet in the same Census Tract 6210.01:
City to reconsider CUP for 705 Pier club - The city of Hermosa Beach is currently considering modifying or revoking the conditional use permit for Pointe 705, also known as Club 705/Saffire. At the Planning Commission's meeting earlier this month, a staff report was presented to the commission recommending that the body “set the matter for (a) revocation/modification hearing.” The report was prepared by local officials and recommended that the commission “amend the CUP to establish new operating restrictions for the business.” It included a three-page unsigned document bearing the name of Sgt. Lance Heard and listed 20 incidents requiring a response by local police officers. The incidents consisted mostly of fights, noise complaints and assaults. In July, officers were dispatched to the bar in response to a kidnapping report. It went on to state that these incidents “involve multiple violations of law, including the California Penal Code, the Hermosa Beach Municipal Code, the Fire Code, as well as the Conditional Use Permit issued by the city to the business.” http://www.hbneighborhood.org/My Web/1 HB CUP's 2006 12.htm
6. CA Law & the ABC Act: The premises is located within the immediate vicinity of religious, school, or youth facilities and normal operation of the premises will interfere with their functions.
The
The
310-937-5888
The
310-318-0247 310-318-0280
310-318-0280
ABC Act, BUSINESS AND PROFESSIONS CODE SECTION 23770-23793
23789. (a) The department is specifically
authorized to refuse the
7. CA Law & the ABC Act: The premises is located within and on the access route to a public recreational facilities and normal operation of the premises will interfere with the functions of their recreational facilities. The Stillwater location is on 16th Street and PCH, which is a safe route to school for the Valley School. The location's parking garage has a blind exit onto the 16th Street sidewalk. The location is also on an access route to public recreational facilities.
ABC Act, BUSINESS AND PROFESSIONS CODE
SECTION 23770-23793
23789. (a) The department is specifically
authorized to refuse the
8.
CA Law & the ABC Act:
The applicant is requesting a new ABC Off-Sale license
that would violate the moratorium of the issuance of a new ABC Off- The Stillwater American Bistro premises requires a new Off-Sale ABC alcohol license for a wine shop on the premises. There is a moratorium regarding new Off-Sale ABC alcohol licenses in Hermosa Beach.
ABC Act, BUSINESS AND
PROFESSIONS CODE
23815. It is hereby determined that the
public welfare and morals
23817.4. The Legislature finds and
declares that the public welfare
23817.5. (a) (1) The number of premises
for which an off-sale beer
23817.7. (a) Notwithstanding Section
23817.5, the department may
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Contact the Hermosa Beach City Council members to request an appeal of the Conditional Use Permit for On-Sale Alcohol at the Still Water Contemporary American Bistro.
Peter Tucker at 310-379-5117 | Councilmember | peter@electpetertucker.com |
Sam Edgerton at 310-374-0193 | Mayor | samedgerton@aol.com |
Michael Keegan at 310-798-2969 | Mayor Pro Tempore | michaelkeegan@manhattanbread.com |
J.R. Reviczky at 310-379-6267 | Councilmember | jbrhbcc@aol.com |
Patrick "Kit" Bobko at 310-989-1386 | Councilmember | kit@kitforcouncil.com |
Still Water Contemporary American Bistro at the Hermosa Pavilion
Attention: Hermosa Beach Residents Living Near 16th Street and PCH
Regarding a New 8000 sq. ft. Restaurant/Bar with On Sale Alcohol License
Still Water Contemporary American Bistro
CUP for On-Sale General Alcohol
Hermosa
Beach City Council Chambers,
REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, December 12, 2006 - Council Chambers, City Hall
1315 Valley Drive
Regular Session - 7:10 p.m.
A.
REVIEW AND RECONSIDERATION OF THE PLANNING COMMISSION DECISION, ON AUGUST 15, 2006, TO APPROVE, WITH MODIFICATIONS, A CONDITIONAL USE PERMIT FOR ON-SALE GENERAL ALCOHOL IN CONJUNCTION WITH A RESTAURANT, STILL WATER CONTEMPORARY AMERICAN BISTRO, AND PARKING PLAN AMENDMENT TO MODIFY THE ALLOCATION OF USES WITHIN THE HERMOSA PAVILION AT 1601 PACIFIC COAST HIGHWAY. (Continued from meeting of October 10, 2006).
http://www.hermosabch.org/departments/cityclerk/agenmin/cca20061212/5a-b%20Part%201.pdf
http://www.hermosabch.org/departments/cityclerk/agenmin/cca20061212/5a-b%20Part%202.pdf
B.
REVIEW AND RECONSIDERATION OF A PLANNING COMMISSION DECISION ON OCTOBER 17, 2006, TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A CAR WASH (AUTOMOBILE DETAILING) WITHIN THE HERMOSA PAVILION PARKING STRUCTURE – AUTO SPA – AT 1601 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated December 4, 2006.
http://www.hermosabch.org/departments/cityclerk/agenmin/cca20061212/5a-b%20Part%202.pdf
RECOMMENDATION: To sustain the Planning Commission decision to approve the requests subject to conditions of approval as contained in the resolutions for approval of the restaurant and car detailing service.
On Sale Alcohol ABC License for:
Still Water Contemporary American Bistro, Hermosa Pavilion, 1601 PACIFIC COAST HIGHWAY #170
CONDITIONAL USE PERMIT 06-4 FOR ON-SALE ALCOHOL IN CONJUNCTION WITH A RESTAURANT, AND;
PARKING PLAN AMENDMENT 06-2 TO MODIFY THE ALLOCATION OF THE USES WITHIN THE HERMOSA PAVILION
Still Water Contemporary American Bistro - at The Hermosa Pavilion 1601 PACIFIC COAST HIGHWAY #170
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Amendment is also being requested to modify the allocation of uses from the 4,000 square foot restaurant to 8,000 square feet of restaurant use.
On sale ABC alcohol license for the 8000 total square foot restaurant including the wine and cheese shop with wine tasting.
private dining areas; lounge; bar; public dining areas; patio with seating areas;
Restaurant with entertainment, Lounge, Bar
9 am to 2 am total hours of operation
9 am to 10 pm hours for retail wine and cheese shop
11 am to 10 pm hours for the restaurant food service
11 am to 2 am hours for the nightclub lounge, bar that is part of the restaurant
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Recent Hermosa Beach Conditional Use Permits for On-Sale Alcohol Outlets
Still Water Contemp. Bistro at The Hermosa Pavilion
Union Cattle Co. The Shore Lounge The Dragon Bar Aloha Sharkeez / Dragon CUP Review
HB Planning Commission Annual Review of CUP's Mediterraneo CUP
Lee's Teriaki & Tofu CUP 302 Pier Ave. CUP T. J. Charlyz CUP
Hibachi Rest. CUP Mama's Original CUP Dano's / Element CUP
Alcohol Outlet Density as a Cause of Crime and Violence
Alcohol Outlet Density Research Studies
Comparison of 1998 to 2004 CJSC crime statistics for:
Hermosa Beach, Manhattan Beach, Redondo Beach and El Segundo
The following Microsoft Excel spreadsheet downloads are reported crime statistics from:
The California Dept. of Justice and The Hermosa Beach Police Department
fpdb/HBPD CRIME STATS - 1995 to 2004 p3.xls
The Hermosa Beach Neighborhood Association
City of HB Info HBNA Photo Gallery HB Crime Info HB Weblinks