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ONE-YEAR REVIEW OF THE USE PERMIT FOR A LOUNGE WITH THE ON-SALE OF GENERAL ALCOHOLIC BEVERAGES AT 2333 PACIFIC AVENUE (P17-0431)
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RECOMMENDATION
It is recommended that the Planning Commission approve a motion to carry out Condition No. 21 of Planning Commission Resolution No. 2017-08-10-0502 requiring a one (1) year review of Use Permit P17-0431.
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SUMMARY
On September 27, 2018, the Planning Commission continued a one-year review of the Use Permit providing for alcoholic beverage sales at 2333 Pacific Avenue (Attachments A - Planning Commission Staff Report, 9-27-2018.)
Prior to the meeting, the Stockton Police Department informed Planning staff that the Department of Alcoholic Beverage Control (ABC) would conduct Administrative Hearings for the subject business on October 23, 2018. The purpose of the ABC hearings was for two alcohol license-related allegations of non-compliance on the topics of noise and alcohol sale to a minor. At the applicant’s request, the item was continued from September 27, 2018 to December 13, 2018, to enable the Planning Commission to consider information resulting from the ABC hearings.
On November 14, 2018, staff received from ABC the outcome of its hearing process (Attachment B - Email and Decision From ABC). In this case, the ABC licensee agreed to a pre-hearing settlement; hence, no hearings occurred. The settlement terms are summarized below along with a description of how they relate (or not) to the City’s land use authority through the subject Use Permit.
DISCUSSION
Present Situation
Violation of ABC conditions related to excessive noise
The ABC licensee agreed to a 15-day suspension, with five days of the suspension stayed for one year. The business will serve a 10-day suspension from January 3, 2019 to January 12, 2019, and the five days that are stayed will be imposed if another violation (e.g., noise) occurs within the one-year term spanning from November 1, 2018 to November 1, 2019.
On May 24, 2018, the Planning Commission conducted a six-month review based upon Condition No. 21 of Planning Commission Resolution No. 2017-08-10-0502. In April of 2018, the ABC also received complaints from the neighborhood and Police Department for excessive noise and sale of alcohol to a minor in the bar. As a result, the ABC scheduled Administrative Hearings on October 23, 2018; one for each alleged violation. The noise violations reviewed by ABC coincide with the time-period which the Planning Commission considered during its six-month review on May 24, 2018. Thus, the noise compliant information recently considered by ABC does not present new information not already considered. On November 13, 2018, staff contacted the Police Department regarding 9-1-1 calls for service for any excessive noise violation from the bar. According to the Police Department, there were four calls for service from September 1, 2018 to October 31, 2018, but none of the four calls for service were related to excessive noise violation (Attachment C - 9-1-1 Calls for Service, September, and October 2018.
Violation of alcohol sold to a minor
The ABC licensee agreed to a fine in lieu of serving a suspension. The amount of the fine will be comparable to 1/2 the businesses daily sales of alcoholic beverages for the past year. The fine will range from $1,500-$6,000. The fine cannot be less than the minimum ($1,500) or exceed the maximum ($6,000).
The Planning Commission may defer to ABC for enforcement on this issue. Alternatively, the Commission has the option of imposing conditions pursuant to SMC Section16.80.040(D)(5)(a)(x) to bring the Use Permit holder into compliance, but the circumstances themselves may present a challenge regarding appropriate conditions. The Commission should be aware a condition is already imposed on the subject Use Permit requiring an identification scanning device to check the patron’s identification information (Condition No. 18).
Public Comments
At the Planning Commission’s request, notification of this item was provided to the surrounding property owners via newspaper legal ad and mail to residents within 300-feet of the subject site at least 10 days prior. As of the writing of the staff report, Community Development staff have not received any new complaints regarding excessive noise for the surrounding neighbors.
Conclusion
The staff recommendation remains unchanged from the September 27, 2018 staff report. Based upon the above discussion, staff recommends that the Planning Commission carry out the one (1) year review to allow the applicant to continue the operation of the bar with the on-sale of general alcoholic beverages. Alternatively, if the Planning Commission requests continued and/or different oversight over the business through the Use Permit, a motion to schedule a public hearing for the Revocation and Modification of the Use Permit under Stockton Municipal Code (SMC) Chapter 16.108 may be made.
Attachment A - Planning Commission Staff Report, 9-27-2018
Attachment B - Email and Decision From ABC
Attachment C - 9-1-1 Calls for Service, September, and October 2018
This staff report was prepared by Senior Planner Jenny Liaw, (209) 937-8316; jenny.liaw@stocktongca.gov