Still Water Amer. Bistro CUP

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.

The ABC has the exclusive power, in accordance with laws enacted, to license and regulate the manufacture, importation and sale of alcoholic beverages in this State. It also has the power for good cause to deny, suspend or revoke any specific alcoholic beverage license. (Section 22 of Article XX, California Constitution)

Some grounds the ABC uses for protest or denial of a alcohol license are:

(a) Applicant is not qualified.

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

(b) Premises is not suitable.

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 Stillwater American Bistro location is in a Census Tract 6210.01 with a population of 4026. California law allows 4 On-Sale Licenses in Census Tract 6210.01.

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.

Alcohol Outlet Density Research Studies

ABC Act, BUSINESS AND PROFESSIONS CODE
SECTION 23950-23962

23958.4. (a) For purposes of Section 23958, "undue concentration"
means the case in which the applicant premises for an original or
premises-to-premises transfer of any retail license are located in an
area where any of the following conditions exist:

(1) The applicant premises are located in a crime reporting
district that has a 20 percent greater number of reported crimes, as
defined in subdivision (c), than the average number of reported
crimes as determined from all crime reporting districts within the
jurisdiction of the local law enforcement agency.

(2) As to on-sale retail license applications, the ratio of
on-sale retail licenses to population in the census tract or census
division in which the applicant premises are located exceeds the
ratio of on-sale retail licenses to population in the county in which
the applicant premises are located.

(3) As to off-sale retail license applications, the ratio of
off-sale retail licenses to population in the census tract or census
division in which the applicant premises are located exceeds the
ratio of off-sale retail licenses to population in the county in
which the applicant premises are located.

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 Stillwater American Bistro premises and the parking facilities are abutting and directly next to residential areas to the west and the north of the property. And there is a large residential neighborhood directly to the east of the premises.

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

Alcohol Outlet Density as a Cause of Crime and Violence

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
SECTION 23000-23047

23000. This division shall be known and may be cited as the
"Alcoholic Beverage Control Act."

23001. This division is an exercise of the police powers of the
State for the protection of the safety, welfare, health, peace, and
morals of the people of the State, to eliminate the evils of
unlicensed and unlawful manufacture, selling, and disposing of
alcoholic beverages, and to promote temperance in the use and
consumption of alcoholic beverages. It is hereby declared that the
subject matter of this division involves in the highest degree the
economic, social, and moral well-being and the safety of the State
and of all its people. All provisions of this division shall be
liberally construed for the accomplishment of these purposes.

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 Stillwater location. 1600 Ardmore Ave. 1720 Ardmore Ave. 1820 Ardmore Ave. 1707 Pacific Coast Highway, 2001 Pacific Coast Highway and a large residential neighborhood to the east of the premises.

HB Planning Commission Annual Review of CUP's

Commodore Apartments

1600 Ardmore Avenue

Hermosa Beach, CA 90254

310-379-1600

Peppertree Apartments

1820 Ardmore Ave.

Hermosa Beach, CA 90254

(310) 372-0705

Villa Marina Apartments

2001 Pacific Coast Hwy

Hermosa Beach, CA 90254

(310) 318-2844

From 1995 to 2004, the numbers of Disturbance Calls

in Hermosa Beach reached an all time high.

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
SECTION 23770-23793

23790. No retail license shall be issued for any premises which are
located in any territory where the exercise of the rights and
privileges conferred by the license is contrary to a valid zoning
ordinance of any county or city. Premises which had been used in the
exercise of those rights and privileges at a time prior to the
effective date of the zoning ordinance may continue operation under
the following conditions:

(a) The premises retain the same type of retail liquor license
within a license classification.

(b) The licensed premises are operated continuously without
substantial change in mode or character of operation.

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

a restaurant at:

705 Pier Avenue, Club 705/Saffire

CUP 01-1 -- 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 a restaurant at 705 Pier Avenue, Club 705/Saffire (continued from November 21, 2006 meeting).

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
SECTION 23815-23827

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 Stillwater American Bistro location appears to be within 600 feet of the Hermosa Beach Valley School, and within 600 feet of the Hermosa Beach Community Center and the Hermosa Beach Skateboard Park.

The Hermosa Valley School

1645 Valley Drive

Hermosa Beach, CA 90254

310-937-5888

The Hermosa Beach Community Center

710 Pier Avenue

Hermosa Beach, CA 90254

310-318-0247

310-318-0280

Hermosa Beach Skate Park -

710 Pier Avenue

Hermosa Beach, CA 90254

310-318-0280

ABC Act, BUSINESS AND PROFESSIONS CODE

SECTION 23770-23793

23789. (a) The department is specifically authorized to refuse the
issuance, other than renewal or ownership transfer, of any retail
license for premises located within the immediate vicinity of
churches and hospitals.

(b) The department is specifically authorized to refuse the
issuance, other than renewal or ownership transfer, of any retail
license for premises located within at least 600 feet of schools and
public playgrounds or nonprofit youth facilities, including, but not
limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire
Girls. This distance shall be measured pursuant to rules of the
department.

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

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-Sale licenses.

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
SECTION 23815-23827

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.

23817.4. The Legislature finds and declares that the public welfare
and morals require that there be a limitation on the number of
premises licensed for the off sale of beer and wine.

23817.5. (a) (1) The number of premises for which an off-sale beer
and wine license is issued shall be limited to one for each 2,500, or
fraction thereof, inhabitants of the city or county in which the
premises are situated. No additional off-sale beer and wine license,
other than a renewal or transfer or as permitted by Section 23821,
shall be issued in any city or county where the number of premises
for which all off-sale beer and wine licenses are issued is more than
one for each 2,500, or fraction thereof, inhabitants of the city or
county.

(2) The number of premises for which an off-sale beer and wine
license is issued in a city and county, in combination with the
number of premises for which an off-sale general license is issued in
a city and county, shall be limited to one for each 1,250, or
fraction thereof, inhabitants of the city and county in which the
premises are situated. No additional off-sale beer and wine license,
other than a renewal or transfer or as permitted by Section 23821,
shall be issued in any city and county where the number of premises
for which all off-sale beer and wine licenses in combination with
off-sale general licenses are issued is more than one for each 1,250,
or fraction thereof, inhabitants of the city and county.

23817.7. (a) Notwithstanding Section 23817.5, the department may
approve an application for an off-sale beer and wine license in areas
covered by Section 23817.5, if the applicant shows that public
convenience or necessity would be served by the issuance, and where
all of the following conditions are found to exist:

(1) The applicant premises are located in a crime reporting
district that is below that specified pursuant to paragraph (1) of
subdivision (a) of Section 23958.4. In considering an application,
the department may take into account adjacent crime reporting
districts, if the applicant premises are located within 100 feet of
the boundaries of any adjacent district. The department shall use an
average of reported crimes in the crime reporting district in which
the premises are located and reported crimes in any adjacent crime
reporting district, if the total of crimes reported in the adjacent
district or districts is greater than the crime reporting district in
which the premises are located.

(2) The applicant premises are located in an area that falls below
the concentration level provided in paragraph (3) of subdivision (a)
of Section 23958.4.

(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.

(b) The department may impose reasonable conditions on a licensee
as may be needed in the interest of the public health, safety, and
welfare regarding signing, training for responsible beverage sales
and hours, and mode of sale.

Questions Regarding New Hermosa Beach Alcohol Outlets

AGENDA

PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.