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Council Uncertain on Liquor License Policy
The city will take up the issue again next week, but restaurant owners want regulation decisions left to the state Department of Alcoholic Beverage Control.
Mayor Michael DiVirgilio said that the council needs more time to discuss restaurant guidelines in order to agree on a clear and precise policy.
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A decision on last call for alcohol service at Hermosa Beach restaurants was pushed back for a week by the City Council on Tuesday.
The council discussed whether to allow restaurants to serve alcohol past 10 p.m. and whether the city should leave all such liquor-related questions to the state Department of Alcoholic Beverage Control (ABC), but was unable to make a decision regarding its liquor license policy Tuesday night.
Restaurant owners who attended the meeting pleaded with the council to leave regulation mainly to the state agency.
"Most cities don't get involved in this stuff," said Ron Newman, co-owner of Baja Sharkeez.
"You think Wolfgang Puck will come near this city?" he asked. "Not if he can't stay open until 12."
After discussing a policy for making recommendations on liquor licenses issued by the department, the council voted to debate the matter again next week.
"It hurts business to have an unclear policy," said Councilman Patrick "Kit" Bobko, who agreed that more discussion was needed.
Mayor Michael DiVirgilio said that the council should use the extra week to craft a clear and concise plan surrounding citywide liquor license regulation.
"There are some markers that we could put in place that say when this circumstance happens within this time frame, here's what to do," he said.
Before agreeing to take the matter up again next week, the council was able to separate its concerns into three main topics of focus: a vote on policy regarding department practices; conditional-use permits, or the time frame in which restaurant owners can serve alcohol; and the establishment of guidelines for both old and new businesses in Hermosa.
Once a policy has been drafted, the council will consider how it relates to a renewed license, a license transfer or a license change.
The discussion surrounding licensing had been raised earlier this month when a request was made to transfer a license from Il Boccaccio to Sharkeez. At the time, Hermosa Beach Police Chief Greg Savelli suggested that the department call for earlier operating hours for Sharkeez before transferring the license. But the ABC agreed to the shift without conditions. The council was unable to appeal.
"If you want to control this, you need to go beyond what ABC says," City Manager Stephen Burrell told the council Tuesday.
The ABC focuses on the laws, rules and regulations for serving alcohol. Other concerns, such as crowd control and noise levels, are controlled by the city.
Just after the Sharkeez license transfer decision was made, about 260 letters were sent to City Hall from residents. They feared the noisy crowds that might be drawn to the liquor-serving establishment.
"This is not something we're going to resolve overnight," Councilman Howard Fishman said.
Whether or not a decision is made at the next City Council meeting, DiVirgilio said that he hopes business owners will know and understand the city's expectations when it comes to alcohol.
The next City Council meeting is June 1 at 7 p.m. in City Hall.
Thanks. We'll email you the next time we update this story.
Lauren C. Tyson
4:47 am on Saturday, May 29, 2010
Just to clarify: With regard to "ABC agreed to the shift without conditions," if you read the official records, you will see that the ABC recommended approval of the license transfer based on the conditions requested by the chief. However, at the hearing before an Administrative Law Judge (ALJ), the ALJ found there was insufficient evidence of a connection between the problems sought to be eliminated and the conditions designed to eliminate the problem. ABC then adopted the ALJ's proposed decision.
ron newman
12:13 pm on Monday, May 31, 2010
just so everyone understands. when you buy an existing business with a liquor license it has a value. it has a price value for the business and a value for the person who owns the property.
if you can make major changes on the liquor license, just because a few citizens say so, the property owner could lose hundreds of thousand of dollars of there investment. the other alternative is the person doesn't sell it never gets upgaded and still has the same license.
That is why the city needs to show the business was a problem or the operator buying the business was a problem. In most cities the police will sit down with the person buying the business and add certain conditions that they both can live with. The only reason the operator will agre to this is because they will have to wait a year to go to court.
The city has plenty of other powers. cup reviews for troubled operators. They also have full control on any new licenses . The abc will not allow a new license without city approval. by the way ii boccachio is not a sharkeez it is going to be a full service steak and seafood restaurant.
Lauren C. Tyson
4:48 am on Saturday, May 29, 2010
http://www.vivahermosa.com/DocsBoccPetDecision2010April.pdf
P.S. Read the decision here. It's rather interesting for those who are following this case.
Jacqueline Howard
7:48 am on Saturday, May 29, 2010
Lauren: Thanks for linking to the decision for those interested. This issue will continue to be covered on Hermosa Beach | Patch.
The background behind the ABC's decision to shift without conditions, because of the ALJ's recommendations, is rather interesting. The fact is, as you point out, at the end of the hearing, the ABC did agree to adopt the decision without the conditions requested by the chief (which is reported in the story to provide context for readers).
As Tuesday nears, I think everyone is anxious to hear how the council will decide to handle this issue in the future, with a policy for making recommendations on liquor licenses issued by the department.
Joy A. Kennelly
2:02 pm on Friday, June 11, 2010
In light of Ron's comment, "You think Wolfgang Puck will come near this city?" he asked. "Not if he can't stay open until 12." I highly doubt hours are all Wolfgang considers when he, or any other high-end Chef for that matter, considers opening a restaurant in a new area.
As a business person, they will consider the demographics, the city council's influence and support of local businesses, parking, surrounding competition and other factors that hours have no bearing on.
Currently, Hermosa Beach isn't known for high-end dining, but a rowdy, out-of-control bar scene with 16 bars within a one-mile radius. There is still the issue of parking, the upheaval of the current Upper Pier Ave project which is disrupting travel to the area, and lack of business incentives to encourage new businesses to even consider the area.
And then there's always the potential loss of current businesses once the Upper Pier Ave project is completed because many of the out-of-state absent landlords are benefiting from the improvements paid by taxpayer's dollars and will most likely raise rents.
I think the steps the City Council is now taking to establish parameters for new and existing businesses will be beneficial in creating a new business environment where a more balanced dining experience will be established. Next is business incentives for new and existing businesses is my suggestion.
ron newman
1:06 pm on Saturday, June 26, 2010
first of all I happen to know wolfgang puck and many other fine restauranteers. there isn't one of them that would invest the amount of money it takes to open a fine restaurant if they had to close at ten. we need to look at each business as it comes along. they need to make money on alcohol as well as food to make it. twelve o"colck is a fair time.
As far as upper pier, landlords can't throw anyone out just because of the renovation if the business has a leases. secondly the city did not spend any money out of the general fund to do this project. it will bring the city more money in the long run because of upgraded buildings and stores that are rented again. We will getl more of a balanced business community when the so called special citizens group become more business friendly. as well as a business friendly council. we need to hire the right real estate firms to help bring in the tenats we are looking for. no one in the restaurant tavern business wants more of the same. why would they want more competition?
Joy A. Kennelly
1:35 pm on Saturday, June 26, 2010
Hi Ron, I know him too. Probably not as well as you, but I worked the Oscars once and got to know him then and other events too. Interesting though, when I check his Spago restaurant they stay open until 10pm weekdays and 11pm weekends in Beverly Hills. His Cut restaurant also only stays open till 10pm or 11pm. Chinois in Santa Monica? 10pm too. And his Wolfgang Puck Pizzeria and Cucina in Las Vegas? 11pm too! Fancy that! Las Vegas with an early curfew?:)
Ron, you know I love you and your wife, but you've been working in the bar business for so long your judgment and analysis is clouded or myopic. Restaurants do not focus on selling alcohol. They sell food and people generally eat until 11pm or so. BARS focus on alcohol sales.
As far as Upper Pier leases - look at what's happening to Ragin' Cajun. Kicked out after 20 plus years of awesome improvements to the location, paying their bills on time and running a great family business. Don't buy your saying landlords can't throw people out - it's happening and has happened. Raise the rent high enough and everyone will leave regardless. My dad owns property and I grew up working on residential rentals - I believe the same rental rules apply commercially.
Lastly, even though you say it didn't cost the city anything, I bet Jim Lisner begs to differ.:) If you don't want more of the same, why lose Ragin' Cajun to a pub? Fight that to help your biz and his!
Sorry, I just don't buy it.