HomeMy WebLinkAboutCouncilmember Item - Councilmember Brenden - Alcohol Sales iCITY OF HUNTINGTON BEACH
' City Council Interoffice Communication
TO: Honorable Mayor and City Council Members
FROM: Patrick Brenden, City Council Member.
DATE: January 8, 2018
SUBJECT: CITY COUNCIL MEMBER ITEM FOR JANUARY 16, 2018, CITY
COUNCIL MEETING — ALCOHOL SALES IN OPEN SPACE — PARK
STATEMENT OF ISSUE:
In past years, requests have been made for the City to consider options to permit alcohol sales
and service at eating and drinking establishments in Central Park. As background, Kathy May,
operator of "Kathy May's Lake View Cafe" has requested consideration on two occasions —
once in 2012 and again in 2014. The impetus for Ms. May's requests was based upon
numerous requests from the public to have a glass of wine or beer with their meal. Ms. May
continues to receive such requests.
In order to permit the sale, service and consumption of beer and wine in Central Park, several
amendments to current Municipal and Zoning Code sections are necessary. Per the Municipal
Code, alcohol is only permitted within the boundaries of a public park under issuance of a permit
and only when attending a special event or function. The three sections in the City's Municipal
and Zoning codes that apply to alcohol use in public parks are:
HBMC 13.48.110 — Alcoholic Beverages:
No person shall, within the boundaries of any public park within the City, consume any
alcoholic beverage of any kind whatsoever, except when attending a function operating
under an alcohol permit issued in accordance with Chapter 9.84 of this code.
HBMC 9.44.010 — Drinking in Public Places:
No person shall drink any malt, spirituous or vinous liquor containing more than one-half
of one percent of alcohol by volume, upon any public streets, alleys, sidewalks,
parkways, playgrounds, parking lots open to the public, public parks, public school
grounds, and public recreation areas within this City, unless such person is on any place
for which a conditional use permit or special permit has been issued by the City of
Huntington Beach permitting alcohol consumption.
• HBZSO Section 213.06: OS District — Land Use Controls
Eating and drinking establishments are permitted in park open space areas of the City
by Conditional Use Permit (CUP) if considered an ancillary use that is compatible with
and part of a park or recreational facility. The CUP would be subject to a public hearing
before the Zoning Administrator. Currently, alcohol sales and service are not permitted
uses.
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Page 2
City Council Member Item for the
January 16, 2018, City Council Meeting —
Alcohol Sales in Open Space - Park
I am proposing that the City Manager work with the City Attorney to review the current Municipal
Code and Zoning Code and make a recommendation for amendments in order to allow for beer
and wine service at eating and drinking establishments with full table service located within the
OS -PR Zone. To address concerns raised in response to previous requests, I propose that
code modifications be written to include a requirement that outdoor dining space be enclosed
and operated as a restaurant with full table service at all times, that alcohol only be served to
patrons while there to dine and that the operator has a lease in good standing with the City.
A Conditional Use Permit would be required and, as it is with other Conditional Use Permits,
additional Conditions of Approval could be applied during the CUP application process to allow
the City to maintain appropriate control of the use. Because the property is owned by the City,
the City would have total control over any future use of any permitted eating and drinking
establishments in the OS -PR Zone.
Eating and drinking establishments with full table service, such as Kathy May's, provide the
public with a unique opportunity to enjoy a meal in a natural setting. In order to enhance
business and provide the public with the best possible experience, especially in the evening
hours, it would seem appropriate to allow for beer and wine service. Any foreseen or future
issues could be addressed by appropriate lease or Conditional Use Permit conditions for any
eating and drinking establishment operation located within the OS -PR Zone. Under the terms of
the current lease agreement with Kathy May, increased cafe revenue could benefit the city
financially.
RECOMMENDED ACTION:
Direct the City Manager to work with the City Attorney to review the Municipal Code and Zoning
Code regarding the ability to permit beer and wine sales, service and consumption at restaurant
establishments within the OS -PR Zone.
xc: Fred Wilson, City Manager
Lori Ann Farrell Harrison, Assistant City Manager
David Dominguez, Interim Director of Community Services
Robin Estanislau, City Clerk
Michael Gates, City Attorney
Council/PFA Regular Minutes
Housing Authority, Parking Authority
and Successor Agency Special Meeting
January 16, 2018
Page 12 of 14
Councilmember Brenden provided some background details and reviewed current codes related to
alcohol sales. He stated that his proposal is to ask the City Manager to work with the City Attorney to
review current municipal and zoning codes and come back with recommendations for amendments that
would allow for beer and wine sales, service and consumption at eating and drinking establishments
(bona fide restaurants only, which must provide full table service where outdoor dining space is
enclosed) where alcohol is only available with food service. He amended this item by adding that the
recommendations be submitted to the Planning Commission for their consideration.
Councilmember O'Connell stated his support for this item as he believes it will be beneficial for all
involved.
uncilmember Hardy asked that the requirements for fencing, specifics for hours of operation, and how
employees are trained in serving alcohol all be reviewed in this process. She further stated that the
permit should stay with the operator in this case especially because the City owns the park.
Councilmember Delgleize stated her support for this item
Councilmember Semeta asked, and City Attorney Gates confirmed, that it is possible to change codes
for specific locations.
Mayor Pro Tern Peterson stated that Conditional Use Permits apply to a location, and having alcohol on
site might create increased security issues for the location. He stated he has opposed this issue in the
past and he will not support it this time.
Councilmember Hardy stated her appreciation and agreement with Mayor Pro Tern Peterson's concerns,
but her support for this item is to see what the recommendations and restrictions could be when the City
owns the land.
Councilmember Brenden understands the concerns expressed by fellow Councilmembers, and that is
why restrictive language was used in the proposal, which he feels makes this a bit different than past
efforts. He also stated this is a unique situation with a lease agreement which the City controls with a
proven vendor.
Councilmember Hardy suggested that any beach area be included as being specifically excluded in any
recommendation, and Councilmember Delgleize suggested that the recommendation state it is only for
Central Park.
Mayor Posey expressed his concerns about possibly opening a door for alcohol sales throughout the
Park, but this item is only seeking recommendations and he is in support of that.
A motion was made by O'Connell, second Delgleize to direct the City Manager to work with the City
Attorney to review the Municipal Code and Zoning Code regarding the ability to permit beer and wine
sales, service and consumption at restaurant establishments within the OS -PR Zone, as amended to
present possible recommendations to the Planning Commission for their review.
The motion carried by the following vote:
AYES: O'Connell, Posey, Delgleize, Hardy, and Brenden
NOES: Semeta, and Peterson
1/17/2018 Edit/Add Request InformationP1P�L/�C�����
I have owned my home in our Downtown neighborhood for more than ten years.
For Agenda Item 15 for the Council's January 16th meeting, about the sale and consumption of alcohol in public parks, I have a number
of serious concerns. For these reasons, I am asking the Council to consider allowing alcohol sales and consumption ONLY in Central
Park. I do NOT want any alcohol sales or consumption in any parks in Downtown or on any City beaches in Downtown.
Downtown's Police Reporting Districts have either the highest crime rates in the City by far, or one of the highest crime rates in the City.
As a whole, Downtown's crime rates are a substantial multiple of the Citywide average. Many of Downtown's crimes are alcohol related,
as Downtown has one of the highest concentrations of alcohol establishments in the entire state. For the vast majority of we residents
of our Downtown neighborhoods, this state of affairs is completely unacceptable.
As well, Huntington Beach as a whole for the last several years has ranked at the top or near the top as having the worst record on DUI
accidents causing death or serious bodily in the entire state for midsize cities. This DUI accident epidemic is NOT a result of lax
enforcement, as our City has had one of the highest DUI arrest rates in the state for these same years. Our DUI accident epidemic is
the number one public safety problem in Huntington Beach. This DUI accident epidemic, at least in part, is due to the over -
concentration of alcohol establishments in Downtown, especially our too many rowdy bars and nightclubs in the Main Street area of
Downtown.
For all these reasons, no alcohol sales or consumption should be allowed in any Downtown parks or on the City's Downtown beaches.
Such sales or consumption would only further worsen Downtown's unacceptably high crime rates and would only further worsen all of
our City's DUI accident epidemic.
Thank you for considering my views.
Richardson Gray
415 Townsquare Lane #208
Huntington Beach, CA 92648
714-348-1928 (cell)
richardson.gray@yahoo.com
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