Resolution 12522CITY OF ALAMEDA RESOLUTION NO. 12522
SUPPORTING AB 2742 (LEE)
REGULATING OPERATION OF LIQUOR STORES AND
INCREASING LOCAL GOVERNMENT'S INFLUENCE IN
THE DECISION MAKING OF THE
STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC)
WHEREAS, indifferent operation of a liquor store often
results in completely preventable public nuisances such as public
drunkenness, drug trafficking, harassment of passerbys,
prostitution, excessive noise, graffiti, loitering, and sale of
stolen goods; and
WHEREAS, AB 2742 (LEE) will provide ABC with more
effective regulatory tools to assist cities in preventing nuisances
which often take place around "problem" liquor stores; and
WHEREAS, AB 2742 (LEE) will increase local government's
influence in the decision making of ABC; and
WHEREAS, AB 2742 (LEE) will provide ABC with specific
authority to cite "disorderly house" (public nuisance) violations
not only on the premises on the liquor but also on the adjacent
public sidewalk; and
WHEREAS, AB 2742 (LEE) will set forth performance
standards, which would be minimum standards that would not preempt
city authority in this area; and
WHEREAS, the proposed standards would be applied to all
licensees immediately upon enactment of AB 2742 (LEE) to assure
that all licensees would be held accountable for nuisance
activities which are caused by the manner in which the liquor store
is operated; and
WHEREAS, minimum performance standards specified in AB
2742 (LEE) relate to signage about selling to minors, loitering and
open containers, standards for lighting, litter clean-up, graffiti
removal, and maximum coverage of windows to assure visibility into
the store; and
WHEREAS, AB 2742 (LEE) will authorize ABC to extend the
30-day notice period for an additional 30 days in the connection
with the issuance or transfer of a license if a local agency so
requests in order to prepare a protest; and
WHEREAS, AB 2742 (LEE) will require ABC, if it rejects a
protest by a private citizen regarding the issuance of a new
license, to make written findings of the considerations that were
determined to outweigh the protest and to transmit the findings to
the protestor; and
WHEREAS, AB 2742 (LEE) will provide that licensees and
their employees who have "constructive knowledge" (rather than
actual knowledge) of disorderly house activities are in violation
of ABC regulations; and
WHEREAS, AB 2742 (LEE) will authorize ABC to conduct
hearings on the suspension or revocation of a liquor license of a
license holder whose land use permit has been withdrawn by a city
or county. If ABC declines to suspend or revoke the liquor
license, it must make written findings supporting its decision and
transmit the decision to the city or county;
WHEREAS, supporters of AB 2742 include the California
Peace Officers Association, California Police Chiefs Association,
League of California Cities, Cities of Burbank, Los Angeles, San
Francisco, Sacramento, San Jose, Berkeley, California Chapter of
American Planning Association, The Marin Institute, Coalition on
Alcohol Outlet issues, and the Alcohol Policy Network;
NOW, THEREFORE, BE IT RESOLVED THAT the City of Alameda
hereby endorses and supports the passage of AB 2742 (LEE) by the
Legislature.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to forward a certified copy of this resolution to the
Chair and committee members hearing the bill and to the Governor,
the President pro tempore of the Senate, the Speaker of the
Assembly, Assemblywoman Lee and Ken Emanuels, Oakland Lobbyist,
City of Oakland.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 3rd day of
May , 1994, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 4th day of May , 1994.
Diane B. Felsch, City Clerk
City of Alameda