1 How California Restaurants Morph into Bars and What the State ABC and Cities are Doing About It...
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1 How California Restaurants Morph into Bars and What the State ABC and Cities are Doing About It December 7, 2010 Alcohol Policy 15 Conference Washington,
1 How California Restaurants Morph into Bars and What the State
ABC and Cities are Doing About It December 7, 2010 Alcohol Policy
15 Conference Washington, DC Friedner D. Wittman, CLEW Associates
Michael Sparks, Sparksinitiatives Steve Ernst, California Alcoholic
Beverage Control Dept Chief Deborah Linden, San Luis Obispo Police
Dept Rick McGaffigan, Pacific Inst for Research and Evaluation
Slide 2
2 Saturday Night in San Francisco (late 1940s) Saturday night
starts early By 5 pm the rush is on, and you begin to see the
people emerge the people for whom the Saturday night binge is a
sacred ritual as the Saturday night bath once was Yes, they come
from all over and they seem to get everywhere, battling the traffic
and the crowds with alarming good nature going through the time-
honored paces of the pub crawl from door to door along Columbus
Avenue. And always, over the whole gorgeous scene, an air of
frenzied futility as the clock inches toward 2 a.m. for as any good
Saturday nighter knows, five saloons is par for the course and few
break it. (Herb Caen, Bagdad by the Bay, Doubleday and Company,
Garden City, NY. 1949.)
Slide 3
3 Overview What is morphing and why is it a problem? What are
the public policy and community issues? How does the California ABC
handle morphing? How do municipalities handle morphing? How do
community groups respond to morphing? How can the alcohol policy
field respond?
Slide 4
4 What is Morphing? When Restaurants behave like Bars In a
Restaurant drinking is incidental to meals In a Bar or cabaret (an
establishment with live music and dancing) drinking is a primary
purpose California communities welcome Restaurants but most are
wary of Bars and Cabarets California has many more Restaurants than
Bars Some operators who really want to open a Bar start by saying
they want to open a Restaurant
Slide 5
5 Working Definition of Morphing Morphing: A shift in
operations such that a Restaurant behaves like a Bar or Cabaret
regarding the service of alcoholic beverages. Specifically,
morphing applies to an on-sale establishment, licensed by the State
as a Restaurant and recognized by the local jurisdiction as a
Restaurant land-use, to serve alcohol incidental to meals during
regular mealtime hours. Morphing occurs when the establishment
modifies this operation into a setting where drinking and
entertainment are primary activities, and where these activities
continue beyond normal dinner hours into late evening and early
morning.
Slide 6
6 What is Morphing?
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{ 7
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8
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9 Why We Should Care More police calls for service where
establishments are operating in problematic ways; Neighbor
complaints regarding noise, parking, public disorder Underage
drinking Increased problems in high-density entertainment zones,
particularly with large numbers of patrons congregating in the area
Impaired driving
Slide 10
10 Vague regulatory language. o Vagueness in the actual
language of ABC Codes that defines restaurants and public premises
(the same as bars). Weak land-use controls for restaurants. o Most
localities do not impose firm controls on restaurants.
Over-reliance on restaurants in development / redevelopment areas.
o Renewal and development schemes often place a major emphasis on
encouraging restaurants and other food-oriented operations. How Did
We Get Here?
Slide 11
11 Owners placing heavy emphasis on drinking and entertainment
over food sales. Poor business plans in a tight economy. o
Disappointing sales and decreasing business may stimulate increased
reliance on alcohol sales. How Did We Get Here (cont.)?
Slide 12
12 Strengthen State ABC definitions of restaurants o Tighter
operating conditions Local zoning ordinances (Conditional Use
Permits). o Define how, when and where on-sale premises can operate
(BP 23790) Regulatory Options: Shared State & Local
Responsibility for Public Health and Safety
Slide 13
13 Building the community voice o To develop and pass local
CUPs o To ensure local and state-level enforcement o To hold
merchants accountable for sales and service practices The Community
Will: Organizing to Address Morphing
Slide 14
CLEW Associates, Berkeley, California 14 Documentation State of
California ABC License Data Local Communities Law enforcement data,
planning & zoning information plus community complaints Local
police data establish a nexus for action to protect health and
safety Local police data both support community discussion and
provide a basis for official action
Slide 15
CLEW Associates, Berkeley, California 15 Number of Licensed of
Restaurants and Bars in the State of California (Calif Alcoholic
Beverage Control Dept figures for 2009) ABC Type Description of
License Type Number of licenses 40On-Sale Beer (no meals)1,064
41On-Sale Beer & Wine Restaurant22,450 42On-Sale Beer &
Wine Public Premises1,348 47On-Sale General Restaurant13,006
48On-Sale General Public Premises2,842
Slide 16
CLEW Associates, Berkeley, California 16 Number of Licensed of
Restaurants and Bars in City of San Luis Obispo (Calif Alcoholic
Beverage Control Dept figures for 2009) ABC Type Description of
License Type Number of licenses 40On-Sale Beer (no meals)2
41On-Sale Beer & Wine Restaurant73 42On-Sale Beer & Wine
Public Premises3 47On-Sale General Restaurant30 48On-Sale General
Public Premises6
Slide 17
CLEW Associates, Berkeley, Caliornia 17
Slide 18
CLEW Associates, Berkeley, Caliornia 18
Slide 19
CLEW Associates, Berkeley, California 19 ON-SALE Outlets by
License Type for City of San Luis Obispo By Addresses with No
Police Events, 1-3 Events, and 4+ Events Frequencies for Entire
City, CY 2008 On-Sale ABC License Type (Street Address) ABC
Addresses (No Events) ABC Addresses (1-3 Events) ABC Addresses (4+
Events) ABC Addresses (Total) 40 Beer Only (no meals) 1012 41 Beer
& Wine Restaurant 27242173 42 Beer & Wine Pub Premises 1023
47 General Restaurant 651930 48 General Pub Premises 0066
Slide 20
CLEW Associates, Berkeley, Caliornia 20
Slide 21
Downtown On-Sale Outlets with 10+ AOD-Specific Events Ordered
by AOD Events and Total Events, by Address Frequencies for Downtown
San Luis Obispo, CY 2008 ABC Type Establishment Address Total
EventsAOD EventsArrests Total 48728 Higuera723332 751119
Garden833139 471023 Chorro783026 47725 Higuera912427 47600
Marsh522322 48723 Higuera591714 481032 Chorro401718 47673
Higera461216
Slide 22
Police Events at Downtown ON-SALE Outlets By License Type, By
Total Events, AOD Events, and Arrests City San Luis Obispo, CY 2008
On-Sale ABC License Type Addresses w/ police events (N) Total
Events Freq (F/N) AOD Events Freq (F/N) Arrests Freq (F/N) 40 Beer
Only (no meals) 110(10.0)2(2.0)3(3.0) 41 Beer & Wine Restaurant
15124(8.3)30(2.0)35(2.3) 42 Beer & Wine Pub Premises 00( -- )0
0 47 General Restaurant 11299(27.2)91(8.3)83(7.5) 48 General Pub
Premises 4223(55.8)90(22.5)86(21.5)
Slide 23
CLEW Associates, Berkeley, California Police Events at Downtown
ON-SALE Outlets By 4-Hour Time Block for Total Events, AOD Events
& Arrests City San Luis Obispo, CY 2008 Problem Group 0201-
0600 0601- 1000 1001- 1400 1401- 1800 1801- 2200 2201- 0201
Assault/ Battery 124872268 Disturb/ Fight 4312394736127 Drug
Offenses511111317 Drunk692182649234 Loud Party0023212
DUI17044828
Slide 24
CLEW Associates, Berkeley, California 24 Police Events at San
Luis Obispo ON-SALE Outlets Number of Outlets by Total Events, AOD
Events, and Arrests City of San Luis Obispo, CY 2008 On-Sale ABC
License Type Addresses w/ police events Total Events Frequency AOD
Events Frequency Arrests Frequency Types 41, 47, & 48 Downtown
Only 30646211204 All On-Sale Outlets Downtown Only 44749246 All
On-Sale Outlets Entire City 1171,098300305
Slide 25
25 CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
Restaurant or Bar
Slide 26
26 Restaurant Defined Californias Law 23038. Bona fide public
eating place, Bona fide public eating place means a place which is
regularly and in a bona fide manner used and kept open for the
serving of meals to guests for compensation and which has suitable
kitchen facilities connected therewith, containing conveniences for
cooking an assortment of foods which may be required for ordinary
meals, the kitchen of which must be kept in a sanitary condition
with the proper amount of refrigeration for keeping of food on said
premises and must comply with all the regulations of the local
department of health. Meals means the usual assortment of foods
commonly ordered at various hours of the day; the service of such
food and victuals only as sandwiches or salads shall not be deemed
a compliance with this requirement. Guests shall mean persons who,
during the hours when meals are regularly served therein, come to a
bona fide public eating place for the purpose of obtaining, and
actually order and obtain at such time, in good faith, a meal
therein. Nothing in this section, however, shall be construed to
require that any food be sold or purchased with any beverage.
Slide 27
27 Bar Defined Californias Law 23039. Public premises. (a)
Public premises means: (1) Premises licensed with any type of
license other than an on-sale beer license, and maintained and
operated for the selling or serving of alcoholic beverages to the
public for consumption on the premises, and in which food shall not
be sold or served to the public as in a bona fide public eating
place, but upon which premises food products may be sold or served
incidentally to the sale or service of alcoholic beverages, in
accordance with rules prescribed by the department. 25665 Minors in
public premises-Misdemeanor
Slide 28
28 So Whats the Problem? Outdated laws enacted January 1, 1957
1983 Standards as a new investigator Californians Eating Habits
Changed Restaurants held to higher standard Enforcement challenges
Restaurant Allows Minors and 18-20 year old demographic can be
reached Crowds, Community Impact, Queuing for Entrance,
Dispersal
Slide 29
29 Challenges ALJ Hearings hard to prove 50/50 conditions
$3million vs $1million Community Social Norms
Slide 30
30 Where do we go from here? Public Convenience or Necessity
Conditional Use Permits Change the law regarding restaurants Create
a new license
Slide 31
31 Morphing in San Luis Obispo Deborah Linden Chief of Police
City of San Luis Obispo
Slide 32
32
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37
Slide 38
38 San Luis Obispo 2008 60% of AOD events & 50% of AOD
arrests occurred between 10:00 PM and 2:00 AM. 65% of arrests in
downtown were AOD-related (vs. 56% for entire City). Out of 114
on-sale outlets, 10 accounted for more than half of all police
calls to on-sale outlets. Of these 10, five were restaurants and
one was a brewpub (the other four were bars).
Slide 39
39 Factors that Contribute to Morphing Restaurant licenses
easier to obtain Less expensive Not subject to City-issued PCN
Limited opportunities to request conditions ABC definitions &
conditions related to restaurants outdated and difficult to enforce
Alcohol Culture College community; demands of late-night patrons
Industry focus on college-age patrons
Slide 40
40 Factors continued Economic pressures Fewer patrons eating
out Greater profit from alcohol than food Lack of Local Controls
General desire to attract restaurants Late night economy not as
visible to average residents Problem snuck up on us; grew slowly
over time
Slide 41
Challenges in Making Changes Stakeholders dont agree on
solutions Use permits & deemed approved ordinances Defining
restaurant in zoning regs Strict license conditions Fear by outlets
operators of economic impact of increased regulation & fees
Desire to maintain relationship between outlet operators &
police (so they will call us) ABC laws inadequate to address
morphing
Slide 42
42 Prevention Research Center Pacific Institute for Research
and Evaluation Morphing in San Diego County Alcohol Policy 15 2010
Richard McGaffigan Prevention Research Center
Slide 43
43 43 Carlsbad Alcohol Licenses According to current ABC
website: 50 Off-sale licenses in Carlsbad 131 On-sale licenses in
Carlsbad, including: 50 on-sale beer and wine eating places 50
on-sale beer and wine eating places 46 on-sale general eating
places 46 on-sale general eating places 3 on-sale general public
premises (no one under 21 allowed): 3 on-sale general public
premises (no one under 21 allowed): Golden Tee Golden Tee Boars
Crossn Boars Crossn The Alley The Alley
Slide 44
44 44 Hot Spots for Alcohol Collisions The major hot spots for
alcohol collisions are located along the coast and I-5 corridor of
Oceanside and northern Carlsbad and in the Townsite region of
Vista.
Slide 45
45 Pacific Beach Alcohol Licenses 134 = total alcohol licenses
that includes: Approx. 100 on-site alcohol licenses 35 off-sale
licenses 48 = Type #41 - BW restaurants 48 = Type #41 - BW
restaurants 8 = Type #42 - BW Taverns 8 = Type #42 - BW Taverns 30
= Type #47 BWL Restaurants 30 = Type #47 BWL Restaurants 10 = Type
#48 Bars 10 = Type #48 Bars * Some licenses have more than 1 type
(e.g. catering license)
Slide 46
46
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47
Slide 48
48 Centre City Planned District Alcohol Licenses (10 blocks)
430 = Total alcohol licenses in 92101 51 off-sale licenses 326
on-site alcohol licenses 81 = Type #41 - BW restaurants 81 = Type
#41 - BW restaurants 10 = Type #42 - BW Taverns 10 = Type #42 - BW
Taverns 219 = Type #47 BWL Restaurants 219 = Type #47 BWL
Restaurants 16 = Type #48 Bars 16 = Type #48 Bars * Some licenses
have more than 1 type (e.g. catering license)
Slide 49
49
Slide 50
50 San Diego Municipal Code: Table 0308-A: CENTRE CITY PLANNED
DISTRICT USE REGULATIONS * LEGEND: P = Permitted by Right; C =
Conditional Use Permit Required Use Categories/Subcategories Bona
Fide Eating Establishments = P Bona Fide Eating Establishments = P
Non-Bona Fide Eating Establishments w/Alcohol = C Non-Bona Fide
Eating Establishments w/Alcohol = C With Live Entertainment &
Dancing = C With Live Entertainment & Dancing = C
Slide 51
51 Questions What are the characteristics of an on-site
restaurant (baseline)? What are the characteristics of an on-site
restaurant (baseline)? How is a license out of compliance? How is a
license out of compliance? What characteristics demonstrate a
change (e.g. hours of operation, % of food service, entertainment?
What characteristics demonstrate a change (e.g. hours of operation,
% of food service, entertainment? What are the triggers for local
control? What are the triggers for local control? What controls
should be in place at the state and the municipal level? What
controls should be in place at the state and the municipal
level?
Slide 52
52 Morphing Behavioral Issues Easy access for underage drinkers
Drunkenness and violent / disruptive behavior Uses incompatible
with neighborhood
Slide 53
53 Morphing Operational Issues Overconcentration Morphing
generates competition for alcohol sales, crowds out other uses in
the area, creates public disturbances Poor management Morphing is
linked to over- serving, lax door control, alcohol promotions and
sales to underaged drinkers, and police problems Late night
operation Morphing thrives on late-night operations when police
events accelerate at alcohol outlets and in nearby areas
Slide 54
54 Morphing Public Oversight Issues Deceptive applications
challenge state licensing and local zoning processes State ABC and
local city agencies slow to respond Damage to community development
and renewal plans Increased frustration for community groups
Slide 55
55 Issues for Action Document and share knowledge about
morphing activities Modernize State ABC license definitions Upgrade
local land-use definitions and strengthen local zoning ordinances
(CUPs, DAOs, cost recovery) Help local groups and organizations
take informed, targeted action on morphing issues Include alcohol
element in development / renewal plans Other?
__________________________________ Questions and Comments?
