City policy allows existing licenses to circulate within the city, which now has a strict alcohol sales compliance policy.Los Arcos has violated its CUP by doubling the number of bar stools and allowing pool tables on the balcony, Chief Gonzales said.Sunner said he has invested heavily in improving his buildings, although in the past he was warned by city staff that it would be hard to create a successful business.His Main Street store is popular, but “I feel left out,” as all other markets in the city sell beer and wine.If there are problems at Los Arcos, Sunner added, he would break the lease with cause.Commissioner Dave Johnson asked if Los Arcos has signed the city’s alcohol sales compliance agreement.“The agreement was the result of my becoming chief,” and was adopted in 2000 after Los Arcos received its license, said Chief Gonzales.Johnson suggested a second agreement where the commission would approve the CUP for Sam’s Market if Sunner signed the agreement for Los Arcos.“We have an existing business that is problematic and as a commission we look to benefit the community,” Johnson noted.The commission’s legal representative suggested that the matter be continued so the CUP could be conditioned to include the agreement for Los Arcos.Chief Gonzales suggested that Sunner surrender the Los Arcos license and convert it for use at Sam’s Market.Commissioner Gary Nasalroad said equity issues should be considered, and Commission Gerald Schmidt agreed, but noted his concern on the amount of licenses in the city.Several commissioners discussed a continuance, but Commissioner Rita Graham disagreed. “This is unwise, if we can’t approve it as stated it should be denied. . .to craft a deal that he can take away I think obligates us to the applicant.”Commissioner Bill Irion noted that his concern was the abundance of alcohol outlets in the city and the CUP request regarding Sam’s Market, “not these side deals. . .”Ultimately the commissioners - minus Chairwoman Jennifer Matos and Commissioner Michael Sommer, who were absent from the meeting - voted to deny the application.
Planning Commission says no to liquor sales on Main Street
July 02, 2003
Santa Paula News
Although several Planning Commissioners and a city attorney voiced concerns about equity and some heated debate, a conditional use permit request to sell beer and wine at a Main Street market was denied.
By Peggy KellySanta Paula TimesAlthough several Planning Commissioners and a city attorney voiced concerns about equity and some heated debate, a conditional use permit request to sell beer and wine at a Main Street market was denied.It was the second time that Surinder Sunner, the owner of two Sam’s Markets in the city, was turned down for a permit; Sunner applied for a permit in 1995 for his Main Street market in the central business district.The planning staff report listed CUP objections, including an over-proliferation of liquor licenses in the city, the proximity of Sam’s Market to Veterans Park and it’s upcoming skatepark and even problems at Los Arcos, a restaurant owned by Sunner’s company that has been the focus of police responses.Architect William Moniot represented Sunner and noted that the city has allowed alcohol sales to other businesses that are located closer to schools and recreational facilities than Sam’s Market.Contract Planner Janna Minsk said that the Main Street Sam’s Market is the only such enterprise in the city that does not have such a liquor license.There are 13 establishments selling liquor on- or off-site within a 1,000-foot circle surrounding the market, three listed in the central business district.Los Arcos has garnered the most police responses from January 1999 through April 2003, Minsk noted, 22 compared to 15 for La Cabana and 18 calls to Familia Diaz. The restaurants not within the 1,000-foot circle around Sam’s Market; the report did not list police service calls to businesses within the 1,000 foot circle surrounding the market.“Sales at the market may increase the level of incidents,” noted Minsk.Moniot noted that Los Arcos is leased from Sunner, who “has never been notified by the city or police of any problems. . .we request in the future,” that any such problems be reported directly to Sunner, who can void the lease for infractions.The ABC has stated that there is an “over-saturation” of liquor availability in the city, 62 licenses in all, said Minsk, far above the state recommendation.Granting the CUP to Sam’s Market would “be detrimental to the health and welfare of the general community,” especially when factoring in the police service calls to Los Arcos, she added.About 38 percent of homicides in the city since 1980 involved alcohol use by the perpetuator or victim, and 17 percent are suspected to involve alcohol, said Chief Bob Gonzales.Many crimes such as domestic violence and raped “would not have happened without alcohol use,” by the perpetuator or victim, he noted.
