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Home My WebLink About22 - Alcoholic Beveral Outlet - ABO - Amendment - Code Amendment 2003-004 - PA 2003-090CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. '22 May 13, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford (949) 644 -3235 palford @city.newport- beach.ca.us SUBJECT: Code Amendment CA 2003-004— ABO Amendment (PA 2003 -090) ISSUE: Should the City Council approve Code Amendment CA 2003 -004, which would amend the Alcoholic Beverage Outlet (ABO) Ordinance (Chapter 20.89 NBMC) to prohibit off- sale alcoholic beverage outlets from selling or storing alcoholic beverages outside of the exterior walls of the establishment? RECOMMENDATION: Introduce proposed ordinance and set hearing and pass to second reading on May 27, 2003. DISCUSSION: Background: The City Council initiated the code amendment on April 8, 2003. The Planning Commission unanimously recommended approval of the proposed code amendment on April 17, 2003. Introduction: The problems the City has experienced in West Newport during the Independence Day holiday are attributed, in part, to the heavy consumption of alcohol beverages. The large crowds, the consumption of alcohol and the interaction between partygoers and the crowds in the streets has resulted in an average of over 170 arrests and over 1,350 citations each year. For a number of years, some alcohol beverage outlets in the West ABO Amendment May 13, 2003 Page 2 of 3 Newport area have brought in large trucks or temporary storage areas that essentially increased the floor areas of these establishments. The additional alcoholic beverage sales made possible by the extra floor area have had a negative impact on the overall conditions that exist on the days surrounding the Independence Day holiday. Analysis The proposed amendment would revise the development and operational regulations in Section 20.89.050 to prohibit all off -sale alcoholic beverage outlets from selling or storing alcoholic beverages outside of the exterior walls of the establishment. An off - sale alcoholic beverage outlet is defined as an establishment wherein alcoholic beverages are sold, served, or given away for consumption off the premises and which has an Alcoholic Beverage Control (ABC) license type 20 (Off -sale Beer and Wine) or type 21 (General). If adopted, all off -sale alcoholic beverage outlets would be prohibited from selling or storing alcoholic beverages from vehicles, other buildings, or out of doors. The amendment is intended to stop what amounts to temporary increases of the floor area of alcoholic beverage outlets. It is hoped that this will result in a decrease in high volume alcoholic beverage sales and corresponding decreases in the amount of traffic and other negative impacts associated with those sales. The ABO was adopted in 1998 to establish a set of consistent standards for the safe operation of alcoholic beverage retail outlets to prevent alcohol - related problems. Currently, the ABO is implemented through use permits required for (1) any new alcoholic beverage outlet; (2) any existing alcoholic beverage outlet that has undergone a substantial change in the mode or character or operation; or (3) any existing alcoholic beverage outlet that is operated or maintained under objectionable conditions that constitute a public nuisance. If adopted, the proposed amendment would for the first time establish a regulation that would apply immediately to all existing off -sale establishments. Alternative: On April 22, 2003, the City Council approved an ordinance establishing a Safety Enhancement Zone in West Newport during the Independence Day holiday. This new ordinance includes a prohibition on the delivery of alcoholic beverages to alcohol beverage outlets within the Safety Enhancement Zone during the holiday period (12:01 a.m. on July 4th to 3:00 a.m. on July 5th each year). This provision is intended to work in conjunction with the proposed amendment to avoid alcoholic beverage outlets from circumventing a prohibition on the exterior storage and /or sale of alcohol by scheduling multiple deliveries during the holiday period. As an alternative to the proposed amendment, the City Council could limit the prohibition on exterior storage and /or sale of alcoholic beverages to designated Safety ABO Amendment May 13, 2003 Page 3 of 3 Enhancement Zones and only during the specified time period the designation is in effect. Environmental Review: The project has been reviewed pursuant to the California Environmental Quality Act and has been determined to be categorically exempt under Class 5, minor alterations in land use limitations. Public Notice: Public notices for the May 27, 2003 hearing will be mailed to all ABC type 20 and type 21 license holders in the City of Newport Beach, as well as to the all business improvement associations and chambers of commerce. Prepared by: 4 -;;Ov /� / �,A � � �-' / Patrick J. A16rd Senior Planner Attachments: 1. Proposed revisions to Chapter 20.89 (Exhibit A). 2. Alternative revisions to Chapter 20.89. 3. Draft ordinance. Submitted by: 1 � �- i l : / Patricia L. Temple- J Planning Director EXHIBIT A Proposed Revisions to Chapter 20.89 20.89.050 Development and Operational Regulations A. Applicability. he regulations of Section_ 20.89.050 (B).shall apply_to all off? sale alcoholic beverage outlets. The regulations in this Section 20.89.050 (C) shall apply to any new alcoholic beverage outlet and to any existing alcoholic beverage outlet meeting any of the criteria specified in Section 20.89.030 (A). B. Sale and Storage. Off -sale alcoholic beverage outlets shall be prohibited from selling or storing alcoholic beverages.outside_ of the exte_ rior_walls of the establishment. C. Development and Operational Regulations. Alternative Revisions to Chapter 20.89 20.89.050 Development and Operational Regulations A. Applicability. The regulations of Section 20.89.050 (B) shall apply to all off- sale alcoholic beverage outlets.. The regulations in this Section 20.89.050 (C) shall apply to any new alcoholic beverage outlet and to any existing alcoholic beverage outlet meeting any of the criteria specified in Section 20.89.030 (A). B. Sale and Storage. Off -sale alcoholic beverage outlets within Safety Enhancement Zones designated by the City Council pursuant to Section 1.04.060 of the Municipal Code shall be prohibited from selling or storing alcoholic beverages outside of the exterior walls of the establishment. C. Development and Operational Regulations. ORDINANCE 2003- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE SALE AND STORAGE OF ALCOHOLIC BEVERAGES [CODE AMENDMENT 2003 -0041 WHEREAS, the problems the City of Newport Beach has experienced in West Newport during the Independence Day holiday are attributed, in part, to the heavy consumption of alcohol beverages; and WHEREAS, for a number of years, some alcohol beverage outlets brought in large trucks or temporary storage areas that have resulted in increased sales of alcoholic beverages; and WHEREAS, the increased sale of alcohol beverages has had a negative impact on the overall conditions that exist on the days surrounding the Independence Day holiday; and WHEREAS, the Alcoholic Beverage Outlet ordinance (Chapter 20.89, NBMC) development and operational regulations should be revised to prohibit all off -sale alcoholic beverage outlets from selling or storing alcoholic beverages outside of the exterior walls of the establishment; and WHEREAS, on April 17, 2003, the Planning Commission of the City of Newport Beach held a duly noticed public hearing regarding this code amendment; and WHEREAS, the Planning Commission voted unanimously to recommend approval of this code amendment to the City Council; and WHEREAS, on May 27, 2003, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this code amendment; and WHEREAS, pursuant to the California Environmental Quality Act, it has been 1 determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to revise Section 20.89.050 as provided in Exhibit "A." SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on May 13, 2003, and adopted on the 27th day of May 2003, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK PA