HomeMy WebLinkAbout21 - Alcoholic Beveral Outlet - ABO - AmendmentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 21
May 27, 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 during the Independence Day holiday?
RECOMMENDATION:
Adopt Ordinance No. 2003- approving Code Amendment CA 2002 -007.
DISCUSSION:
Background:
On April 8, 2003, the City Council initiated the code amendment.
On April 17, 2003, the Planning Commission unanimously recommended approval of
the proposed code amendment.
On May 13, 2003, the City Council introduced the ordinance for the proposed code
amendment after limiting the amendment to the Independence Day holiday period.
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
ABO Amendment
May 27, 2003
Page 3 of 3
Public Notice:
Public notices were 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:
Patrick J. Afford
Senior Planner
Attachments:
1. Proposed revisions to Chapter 20.89 (Exhibit A).
2. Draft ordinance.
Submitted by:
jzw
Sharon Z. Wood,
Assistant City ' ager
ABO Amendment
May 27, 2003
Page 2 of 3
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
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 during the
independence Day holiday period (12:01 a.m. on July 4th to 3:00 a.m. on July 5th each
year). 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.
At the May 13, 2003 City Council meeting, some council members expressed concern
that the proposed amendment could affect outdoor special events, such as A Taste of
Newport. Typically, such vents secure a temporary ABC license, such as a type 31
(Temporary Beer and Wine) for on site consumption. The proposed amendment
pertains to off -sale ABC licenses type 20 and type 21. Therefore, special events that
use temporary ABC licenses are not currently subject to the Alcoholic Beverage
Ordinance and would not be affected by the proposed amendment. Furthermore, the
prohibition on outdoor sale and storage of alcoholic beverages would occur during the
Independence Day holiday period (12:01 a.m. on July 4th to 3:00 a.m. on July 5th) and
is not anticipated to conflict with such special events.
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.
EXHIBIT A
Proposed Revisions to Chapter 20.89
20.89.050 Development and Operational Regulations
A. Applicability.
VNto afl—oif'
sale alcoholic beverage optets. The regulations in this Section 20.89.050
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).
Sale Storage. Off -sale - * -- - -- - . - .-1. 1.. 1.. - -- � - � . - .. .... .....
B. 'Sal and ge. Off-sale alcoholic beverage outlets shall be prohibited
' from selling or storing alcoholic beverages outside of the exterior walls of the'
establishment from 12:01-a.m.- on July 4th to 3:00 a.m. - on July _5th each
C. Development and Operational Regulations.
A
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
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
AUT107:
ATTEST:
CITY CLERK
2
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
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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@citV.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/ r/,, -A
zw-��5111
Patrick J. Alford
Senior Planner
Attachments:
1. Proposed revisions to Chapter 20.89 (Exhibit A).
2. Alternative revisions to Chapter 20.89.
3. Draft ordinance.
Submitted by:
Patricia L. Temple
Planning Director
EXHIBIT A
Proposed Revisions to Chapter 20.89
20.89.050 Development and Operational Regulations
A. Applicability. The:, regulations of.:Section 20.89 ;050:(6) shall apply to all offs
sale alcoholio' beverage. outlets, The regulations in t4is 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).
- -- -- -- -- -- -- -- - - -- - -- ---- -utlets - -- -- -shall. - - e - - ......._.._.t _
B. Sale ar "d -Sto "rage. Off =sale alcoholic beverage o b p[ohibited
from selling or_sfori_ng,alcoh.olic beverages:outside.of the extehorwa_lls;of.thd
establishment: -
C` Development and Operational Regulations.
Alternative Revisions to Chapter 20.89
20.89.050 Development and Operational Regulations
8 9.0 5- B) shall 1 1-
A. Applicability. p"regulations of - Section.- 20,59.050 ._a appytgAlloff-
'sal' �alcoholic beverage outlet�. The regulations in this Section 20.89.050
e
(C) -shall apply to 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 alcoholic beverage outlets within Safety
B. 1e.-aii—dStoraq-e------—
Enha6cem6nt Zones designated by the e City Council pursuant to Section
1.04.0.60, of the . Mbnicipal,Cod,e shall be prohibited from selling or storing
alcoholic-beverades outside of the extehor 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