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Home My WebLink AboutCC AG PKT 2005-04-25 #H • AGENDA REPORT DATE: April 25, 2005 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: SUPPORT LETTER RE: SB 148 — AMENDMENT TO BUSINESS AND PROFESSIONS CODE RE: LOCAL CONTROLS OVER LEGAL NON- CONFOR1VIING RETAIL LIQUOR LICENSE LOCATIONS SUMMARY OF REQUEST: Authorize Mayor to sign proposed support letter regarding SB 148 to Senator Scott. Receive and File staff report and instruct staff to forward to the Planning Commission for information purposes. BACKGROUND: The Alcoholic Beverage Control Act imposes upon the Department of Alcoholic Beverage Control the responsibility to administer and enforce state laws with respect to alcoholic beverages, including the implementation of alcoholic beverage licensing. Among other things, the act prohibits the issuance of any retail license for the sale of alcoholic beverages for any premises that 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. The act provides that 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 specified conditions. This bill would authorize a county or city to provide for a reasonable amortization period and termination or imposition of conditions on legal nonconforming uses pursuant to a validly enacted zoning ordinance. These provisions would also apply to premises which had been used in the exercise of rights and privileges conferred by the retail license at a time prior to the effective date of the zoning ordinance. Seal Beach currently requires a conditional use permit ( "CUP ") to be approved for all licensed liquor sale locations within the City. However, there are a few long - established, retail liquor licensed locations that do not have conditional use permits, as those uses pre- dated the City's imposition of the CUP requirements. The ability of the City to respond to adverse operating situations from those pre- existing locations is extremely limited and Agenda Item / Z:\My Documents\LEGISLAT\SB 148.Liquor Store Ordinances.CC Staff Report.04- 25- 05.doc LW\04 -13 -05 Approval of Support Letter re: SB 148 regarding Local Controls over Legal Non- Conforming Retail Liquor License Locations City Council Staff Report April 25, 2005 passage of this legislation would allow the City to require a conditional use to be approved for these pre- existing locations in accordance with the provisions of the City Zoning Ordinance. The California Police Chiefs Association and Chief Sellers are in support of SB 148. FISCAL IMPACT: Minimal. Adoption of the proposed legislation would allow the City to amend its Zoning Ordinance to address the CUP requirements for pre- existing retail liquor sale locations within the City in an effective manner. RECOMMENDATION: Authorize Mayor to sign proposed support letter regarding SB 148 to Senator Scott. Receive and File staff report and instruct staff to forward to the Planning Commission for information purposes. NO - . , 0 . 'PRO f ap i L /�� / . ? ee Whittenberg Jo :. ahorski Director of Development Service - • ty Manager Attachments: (2) Attachment 1: Letter to Senato cott Supporting SB 148 Attachment 2: SB 148, as amended in Senate on April 11, 2005 SB 148.Liquor Store Ordinances.CC Staff Report.04 -25 -05 2 , Approval of Support Letter re: SB 148 regarding Local Controls over Legal Non - Conforming Retail Liquor License Locations City Council Staff Report April 25, 2005 ATTACHMENT 1 LETTER TO SENATOR SCOTT SUPPORTING SB 148 3 SB 148.Liquor Store Ordinances.CC Staff Report.04 -25 -05 ''''''''\ S F•5EAL a n ;" v � 5 } ,: ��p POg } :4 'A p "°' - CITY HALL 7 11 EIGHTH STREET , � SEAL�BEACIi CALfFORIVIE190740 (562)'431- 2527 =• www.ci. beach.ca,u ;L`. `�a"4',%� } �� z`.'j ' �n� ' .fr ^' 7` � �, .� . ::� � A� �W � _�4.}" � 9 A. Y. c � t � 4 . ��R ^ 6 April 25, 2005 Honorable Jack Scott Member of the Senate State Capitol Sacramento, CA 95814 Dear Senator Scott: SUBJECT: SUPPORT for SB 148 (Scott) The City of Seal Beach SUPPORTS Senate Bill 148 now pending before the Legislature. The act provides that retail liquor sales premises which had been used in the exercise of the rights and privileges granted though a valid license from the Department of Alcoholic Beverage Control at a time prior to the effective date of a local agency, either City or County, zoning ordinance may continue operation under specified conditions. This bill would authorize a county or city to provide for a reasonable amortization period and termination or imposition of conditions on legal nonconforming uses pursuant to a validly enacted zoning ordinance. These provisions would also apply to premises which had been used in the exercise of rights and privileges conferred by the retail license at a time prior to the effective date of the zoning ordinance. Seal Beach currently requires a conditional use permit ( "CUP ") to be approved for all licensed liquor sale locations within the City. However, there are a few long - established, retail liquor licensed locations that do not have conditional use permits, as those uses pre- dated the City's imposition of the CUP requirements. The ability of the City to respond to adverse operating situations from those pre - existing locations is extremely limited and passage of this legislation would allow the City to require a conditional use to be approved for these pre - existing locations in accordance with the provisions of the City Zoning Ordinance. Thank you for your attempt to address this issue on a statewide level and please enter our SUPPORT of SB 148 into the legislative record as this matter receives further legislative consideration. Z:\My Documents\LEGISLAT\SB 148.City Support Letter.doc.LW O4 -25-05 City of Seal Beach Support Letter re: SB 148 April 25, 2005 Very truly yours, Paul Yost, Mayor City of Seal Beach cc: Assemblyman Harman Senator Campbell Orange County Division, League of California Cities League of California Cities Seal Beach City Council Seal Beach Planning Commission Seal Beach City Manager Seal Beach Police Chief Seal Beach Director of Development Services John Lovell, Legislative Advocate, California Police Chiefs Association 2 SB148.City Support Letter Approval of Support Letter re: SB 148 regarding Local Controls over Legal Non - Conforming Retail Liquor License Locations City Council Staff Report April 25, 2005 ATTACHMENT 2 SB 148, AS AMENDED IN SENATE ON APRIL 11, 2005 6 SB I48.Liquor Store Ordinances.CC Staff Report.04 -25 -05 AMENDED IN SENATE APRIL 11, 2005 SENATE BILL No. 148 Introduced by Senator Scott (Coauthor: Assembly Member Liu) February 7, 2005 An act to amend Section 23790 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGEST SB 148, as amended, Scott. Alcoholic beverages: licensing restrictions. The Alcoholic Beverage Control Act imposes upon the Department of Alcoholic Beverage Control the responsibility to administer and enforce state laws with respect to alcoholic beverages, including the implementation of alcoholic beverage licensing. Among other things, the act prohibits the issuance of any retail license for the sale of alcoholic beverages for any premises that 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. The act provides that 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 specified conditions. This bill would authorize a county or city to provide for a reasonable amortization period and termination of or imposition of conditions on legal nonconforming uses pursuant to a validly enacted zoning ordinance. These provisions would also apply to premises which had been used in the exercise of rights and privileges conferred by the retail license at a time prior to the effective date of the zoning ordinance. Vote: majority. Appropriation: no. Fiscal committee: yes. State - mandated local program: no. 98 SB 148 — The people of the State of California do enact as follows: 1 SECTION 1. Section 23790 of the Business and Professions 2 Code is amended to read: 3 23790. (a) No retail license shall be issued for any premises 4 which are located in any territory where the exercise of the rights 5 and privileges conferred by the license is contrary to a valid 6 zoning ordinance of any county or city. 7 (b) Premises which had been used in the exercise of those 8 rights and privileges at a time prior to the effective date of the 9 zoning ordinance may continue operation under the following 10 conditions: 11 (1) The premises retain the same type of retail liquor license 12 within a license classification. 13 (2) The licensed premises are operated continuously without 14 substantial change in mode or character of operation. 15 (c) For purposes of this subdivision, a break in continuous 16 operation does not include: 17 (1) A closure for not more than 30 days for purposes of repair, 18 if that repair does not change the nature of the licensed premises 19 and does not increase the square footage of the business used for 20 the sale of alcoholic beverages. • 21 (2) The closure for restoration of premises rendered totally or 22 partially inaccessible by an act of God or a toxic accident, if the 23 restoration does not increase the square footage of the business 24 used for the sale of alcoholic beverages. 25 (c) Notwithstanding subdivision (b), a county or city may 26 provide for a reasonable amortization period and termination 27 or imposition of conditions on legal nonconforming uses 28 pursuant to; a validly enacted zoning ordinance. 0 98