How California Restaurants Morph into Bars and What the State
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Transcript How California Restaurants Morph into Bars and What the State
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
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 timehonored 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.)
Overview
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•
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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?
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…
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.”
What is Morphing?
{
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
How Did We Get Here?
• 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 (cont.)?
•
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.
Regulatory Options:
Shared State & Local Responsibility for
Public Health and Safety
• 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)
The Community Will:
Organizing to Address Morphing
• Building the community voice
o To develop and pass local CUP’s
o To ensure local and state-level enforcement
o To hold merchants accountable for sales and service
practices
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
CLEW Associates, Berkeley, California
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
40
On-Sale Beer (no meals)
1,064
41
On-Sale Beer & Wine Restaurant
22,450
42
On-Sale Beer & Wine Public Premises
1,348
47
On-Sale General Restaurant
13,006
48
On-Sale General Public Premises
2,842
CLEW Associates, Berkeley, California
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
40
On-Sale Beer (no meals)
2
41
On-Sale Beer & Wine Restaurant
73
42
On-Sale Beer & Wine Public Premises
3
47
On-Sale General Restaurant
30
48
On-Sale General Public Premises
6
CLEW Associates, Berkeley, California
CLEW Associates, Berkeley, Caliornia
CLEW Associates, Berkeley, Caliornia
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)
1
0
1
2
41 Beer & Wine
Restaurant
27
24
21
73
42 Beer & Wine Pub
Premises
1
0
2
3
47 General
Restaurant
6
5
19
30
48 General
Pub Premises
0
0
6
6
CLEW Associates, Berkeley, California
CLEW Associates, Berkeley, Caliornia
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 Events
AOD Events
Arrests Total
48
728 Higuera
72
33
32
75
1119 Garden
83
31
39
47
1023 Chorro
78
30
26
47
725 Higuera
91
24
27
47
600 Marsh
52
23
22
48
723 Higuera
59
17
14
48
1032 Chorro
40
17
18
47
673 Higera
46
12
16
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)
1
10
(10.0)
2
(2.0)
3
(3.0)
41 Beer & Wine
Restaurant
15
124
(8.3)
30
(2.0)
35
(2.3)
42 Beer & Wine Pub
Premises
0
0
( -- )
0
( -- )
0
( -- )
47 General
Restaurant
11
299
(27.2)
91
(8.3)
83
(7.5)
48 General
Pub Premises
4
223
(55.8)
90
(22.5)
86
(21.5)
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
02010600
06011000
10011400
14011800
18012200
22010201
Assault/
Battery
12
4
8
7
22
68
Disturb/
Fight
43
12
39
47
36
127
Drug Offenses
5
1
1
11
13
17
Drunk
69
2
18
26
49
234
Loud Party
0
0
2
3
2
12
DUI
17
0
4
4
8
28
CLEW Associates, Berkeley, California
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
30
646
211
204
All On-Sale Outlets
Downtown Only
44
749
246
246
All On-Sale Outlets
Entire City
117
1,098
300
305
CLEW Associates, Berkeley, California
CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE
CONTROL
Restaurant or Bar
Restaurant Defined
California’s 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.
Bar Defined
California’s 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
So What’s the Problem?
• Outdated laws enacted January 1, 1957
• 1983 Standards as a new investigator
• Californian’s
Eating Habits Changed
• Restaurants held to higher standard
• Enforcement challenges
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•
Restaurant Allows Minors and 18-20 year old
demographic can be reached
Crowds, Community Impact, Queuing for
Entrance, Dispersal
Challenges
•
ALJ Hearings hard to prove
•
50/50 conditions $3million vs $1million
•
Community Social Norms
Where do we go from here?
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Public Convenience or Necessity
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Conditional Use Permits
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Change the law regarding restaurants
•
Create a new license
Morphing in San Luis Obispo
Deborah Linden
Chief of Police
City of San Luis Obispo
San Luis Obispo 2008
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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).
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
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
Challenges in Making Changes
•
Stakeholders don’t 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
Morphing in
San Diego County
Alcohol Policy 15
2010
Richard McGaffigan
Prevention Research Center
Pacific Institute for Research and Evaluation
PRC Prevention Research Center
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
46 on-sale general eating places
3 on-sale general public premises (no one
under 21 allowed):
• Golden Tee
• Boars Cross’n
• The Alley
43
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.
44
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
• 8 = Type #42 - BW Taverns
• 30 = Type #47 – BWL Restaurants
• 10 = Type #48 – Bars
* Some licenses have more than 1 type (e.g.
catering license)
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
• 10 = Type #42 - BW Taverns
• 219 = Type #47 – BWL Restaurants
• 16 = Type #48 – Bars
* Some licenses have more than 1 type (e.g. catering
license)
San Diego Municipal Code:
Table 0308-A: CENTRE CITY PLANNED
DISTRICT USE REGULATIONS
Use Categories/Subcategories
• Bona Fide Eating Establishments = P
• Non-Bona Fide Eating Establishments w/Alcohol = C
• With Live Entertainment & Dancing = C
* LEGEND: P = Permitted by Right; C = Conditional Use Permit Required
Questions
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What are the characteristics of an on-site restaurant
(baseline)?
How is a license out of compliance?
What characteristics demonstrate a change (e.g. hours of
operation, % of food service, entertainment?
What are the triggers for local control?
What controls should be in place at the state and the
municipal level?
Morphing Behavioral Issues
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Easy access for underage drinkers
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Drunkenness and violent / disruptive behavior
•
Uses incompatible with neighborhood
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 overserving, 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
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
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?
Contact Information
Fried Wittman, President, CLEW Associates: [email protected]
Michael Sparks, President, SparksInitiatives:
[email protected]
Steven L. Ernst, Assistant Director, California Dept of Alcoholic
Beverage Control: [email protected]
Deborah Linden, Chief, San Luis Obispo Police
Department: [email protected]
Rick McGaffigan, Pacific Institute for Research and
Evaluation: [email protected]