PC grants Alpine Longs liquor license appeal

By Joe Naiman
The Alpine Sun

     The county's Planning Commission approved a determination of public necessity or convenience, which will increase the chances of the future Longs Drugs Store in Alpine obtaining a liquor license.
     The 6-1 vote, with Commissioner John Riess in opposition, does not guarantee that the state Alcoholic Beverage Commission will issue a liquor license for off-sale consumption, but the finding of public necessity or convenience allows the ABC to consider the license application. The debate over the hearing, the third such liquor license appeal in two months, also created the possibility of amending the criteria to provide a determination of public necessity or convenience.
     Longs is seeking a Type 21, or general off-sale, liquor license. The future store at Alpine Boulevard and Tavern Road is located in Census Tract 212.03, which is allowed six liquor licenses but currently has 10.
     The state's Business and Professions Code stipulates that if the Alcoholic Beverage Commission determines that an "undue concentration" exists in the vicinity of the application premises the license is to be denied unless the local jurisdiction determines that public necessity or convenience would be served by issuing the liquor license.
     Board of Supervisors Policy I-121 stipulates the criteria to be used in a determination of public necessity or convenience. The Sheriff's Department must determine that approval or conditional approval will not negatively influence criminal activity including loitering, vandalism, public drunkenness, illegal drug use and sales, theft, and violent behavior.
     The county's Department of Planning and Land Use (DPLU) must determine that the retail outlet is compatible with community character and consider factors such as the number and proximity of other establishments selling alcohol, proximity to schools and playgrounds or other facilities serving young people, proximity to residential neighborhoods, and whether the store provides a wide range of desirable goods and services or a unique type of goods or services.
     DPLU staff felt that the store didn't meet the finding of community compatibility and benefit. Six off-sale liquor licenses exist within 1,500 feet, including Daniel’s Market in the same shopping center and a Rite-Aid 300 feet to the west. Four schools exist within 1,500 feet, and the nearest residential zone is 300 feet away.
     The proposed conditions for the Alpine Longs include limiting hours of operation to between 7 a.m. and 11 p.m., no sales of malt liquor or fortified wine, no single-can sales, no exterior advertising of alcoholic beverages, and no sales of distilled spirits under 750 milliliters or wine under 375 milliliters. Security monitoring conditions are also included.
     The county can only approve a resolution of public necessity or convenience and cannot impose conditions upon a liquor license. The ABC can impose conditions, and the proposed conditions by the applicant increase the likelihood of their adoption.
     The Sheriff's Department and the Alpine Community Planning Group had both opposed the liquor license prior to the presentation of conditions, but with the conditions the Sheriff's Department adopted a position of neutrality and the planning group voted 10-2 to support the determination with the conditions.
     DPLU project manager Monica Bilodeau noted that the conditions may change DPLU's objection.
     "We are reviewing whether the findings for criteria 2 (the community compatibility and benefit) can be made," she said. "DPLU is now reconsidering its position."
     "If we're going to have a set of standards, we should either re-evaluate these standards or stand by them," said Planning Commissioner Bryan Woods.
     DPLU acting director Eric Gibson noted that some county standards were necessary but felt that a change may be warranted.
     "While I'd personally like to see some refinement in the county's policy, I think the process is working," Gibson said. "I think this standard is set where it is to ensure that the county has opportunity for input."
     Although much of the discussion at the three hearings focused on the difference between a grocery store or drug store and a liquor store or bar, the issue of concentrating commercial businesses in a specific area also played a part in the planning commissioners' decisions to overturn staff recommendations.
     During the Alpine hearing, Commissioner Adam Day noted that the census tract limit only triggered the requirement of public necessity or convenience. "It's not a hard and fast rule," he said.
     Peter Whittingham of Curt Pringle and Associates mentioned during the Alpine hearing that census tract limits were based on population rather than zoning.
     "All that does is take to the next level a discretionary review," Whittingham said. "What you also have in play here is a bad policy at the county."
     A change to Board Policy I-121 would require county staff review before being presented to the Board of Supervisors, although every Board of Supervisors policy automatically undergoes periodic sunset review.

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