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Home My WebLink About3/21/2018 - STAFF REPORTS - 1.K. 40�PALMs'4 iy � Q u w • ,.,.� '� , CITY COUNCIL STAFF REPORT cg41FORN,P DATE: March 21, 2018 CONSENT CALENDAR SUBJECT: AUTHORIZE A LETTER IN REGARDS TO SENATE BILL 905, ALCOHOLIC BEVERAGES: HOURS OF SALE FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY Senate Bill 905, Alcoholic Beverages: Hours of Sale, creates for a pilot program that would authorize the Department of Alcohol Beverage Control (Department) to issue an additional hours license to an on-sale licensee located in a qualified city which would authorize the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. to 4 a.m. This is a request for the City Council to authorize a letter to the authors of SB 905 requesting that the City of Palm Springs be named in the bill as a "qualified city." RECOMMENDATION: Authorize a letter to the authors of Senate Bill 905, Alcoholic Beverages: Hours of Sale, requesting that the City of Palm Springs be named in the bill as a "qualified city." BACKGROUND: At the meeting of March 7, 2018, Councilmember Kors requested that consideration of submitting a letter to the authors of SB 905 requesting that the City of Palm Springs be named in the bill as a "qualified city" be agendized for the next City Council meeting. SB 905 would require the Department of Alcoholic Beverage Control (Department) to conduct a pilot program, commencing on January 1, 2020, that would authorize the Department to issue an additional hours license to an on-sale licensee located in a qualified city which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m. Currently, the SB 905 names the Cities of Sacramento, Oakland, San Francisco, Los Angeles, West Hollywood, and Long Beach as "qualified cities" and finds that these cities provide the infrastructure needed to implement an additional service hours pilot program. No city would be required to allow alcohol service past 2 a.m., rather the bill allows for "qualified cities" to opt in to the pilot program. If passed, the program will sunset on January 1, 2025, unless a later statute is enacted that deletes or extends that date. ITEM NO. 2 City Council Staff Report March 21, 2018-- Page 2 Senate Bill 905—Alcoholic Beverages: Hours of Sale FISCAL IMPACT: There is no fiscal impact as a result of issuing this letter. If SIB 905 is amended to name the City of Palm Springs as a "qualified city" and the City Council later determines that it desires to move forward with participating in the pilot program. The City will be required to develop a local plan assessing potential impacts on public safety. 6ithony . Mejia, David H. Ready, Esq., P . City Clerk City Manager Attachments: 1. Draft Letter 2. SB 905 — Fact Sheet 02 March 21,2018 The Honorable Scott Wiener State Capitol, Room 4066 Sacramento,CA 95814 Re: Senate Bill 905,Alcoholic Beverages: Hours of Sale—SUPPORT WITH AMENDMENT Dear Senator Wiener: The Palm Springs City Council is pleased to support Senate Bill 905 (SB 905), which provides for qualified cities to authorize the selling, giving, or purchasing of alcoholic beverages at appropriately licensed premises between the hours of 2 a.m.to 4 a.m. As one of California's top tourism destination, the City of Palm Springs possesses the infrastructure needed, including our own police and fire departments,to participate and implement an additional service hours program and hereby expresses an interest in this type of program. The City of Palm Springs respectfully requests that SB 905 be amended to name the City as a"qualified city"as defined in SB 905. Sincerely, Robert Moon,Mayor City of Palm Springs 03 Senator • 3 r. Senate Bill 905 — Let Our Communities Adjust Late-night (LOCAL) r. SUMMARY SB 905 would allow— but not require—six qualified patrons are simultaneously pushed out onto the local governments to permit bars and nightclubs street at that hour. (but not liquor stores) to serve alcohol past tam and up to 4am. The six cities are Sacramento, SOLUTION Oakland, San Francisco, Los Angeles, West This bill would align California with at least 15 other Hollywood, and Long Beach. No city would be states where local jurisdictions have the authority required to allow alcohol service past 2 am. Rather, to decide alcoholic beverage service hours. Six the bill allows these six cities to opt in: pure local California cities; Sacramento, San Francisco, control. This optional tool for local control over Oakland, West Hollywood, Los Angeles, and Long nightlife will increase tax revenue and tourism as Beach, have been identified as qualifying cities that well as revitalize business districts. SB 905 is a pilot want to apply for this pilot program. If one of these program that includes a two year delayed six local governing bodies decides to begin the implementation and a five year sunset. At the end process of allowing on-sale licensees to extend their of the sunset, the six participating cities will submit hours to a specified time between tam and 4am, reports to the Legislature on regional impact of they must first develop and approve a local plan additional serving hours. showing that public necessity and convenience will be served. The local plan must include identification BACKGROUND/EXISTING LAW of the area that is eligible for extended hours as The ABC Act states that it is a misdemeanor to sell, well as a law enforcement assessment regarding the give, or deliver to any person any alcoholic potential impact on public safety. In addition, the beverage between the hours of tam and 6am. local plan must exhibit resident and business support, as well as the availability of readily- American cities with late-night service hours include accessible transportation services. Once the local Chicago, Washington D.C., New York City, Buffalo, plan has been approved by the local governing Las Vegas, Louisville, Atlanta, Miami Beach, New body, ABC may investigate if local residents' would Orleans, and Albany. International cities with late experience unreasonable interference with the night service hours include Barcelona,Tokyo, Berlin, quiet enjoyment of their property. Rio de Janeiro,and Sydney. In order to apply for an extended hours license, an PROBLEM applicant must submit the specified fees in addition Social and nightlife venues are an economic driver to notifying law enforcement agencies, residents in many communities, and the State's food service within 500 feet of the premises, and other and entertainment industries generate billions of interested parties within 30 days of filing the dollars in consumer spending and employ well over application. If there are interested parties who a million Californians. Currently our California object to the application for extended hours, destination cities are at a disadvantage when protests may be filed within 30 days of the notice of competing with cities both nationally and the application (ABC can extend 20 days). Any internationally for tourists, conventions, and person that files a verified protest in a timely conferences. fashion that has been accepted by ABC may request a hearing on the issues raised. Protests made by a In addition, the current uniform closing hours of public agency or public official cannot be rejected tam creates stress on public services, unless there is notice in writing of ABC's transportation,and local law enforcement when determination. Provisions within this bill allow for conditional extended service hours licenses, SB 905 Fact Sheet—Updated 3/8/2018 0 4- including hours only on holidays or specific days of the week.This bill would not permit extended hours at liquor stores. SUPPORT • 213 Hospitality • California Hotel & Lodging Association • California Music and Culture Association • California Restaurant Association • California Small Business Association • California Teamsters Public Affairs Council • California Travel Association • Central City Association of Los Angeles • Downtown Long Beach Alliance • Greater Los Angeles Hospitality Association • Long Beach Area Chamber of Commerce • Long Beach Mayor Robert Garcia • Los Angeles Area Chamber of Commerce • Lyft • Oakland Mayor Libby Schaaf • Orange County Register • Sacramento Mayor Darrell Steinberg • San Francisco Bar Owner Alliance • San Francisco Chamber of Commerce • San Francisco Hotel Council • San Francisco Mayor Mark Farrell • San Francisco Taxi Workers Alliance • San Francisco Travel • State Coalition of Probation Organizations • Uber • UNITE-HERE • Valley Industry&Commerce Association • West Hollywood Chamber of Commerce • West Hollywood Mayor John Heilman FOR MORE INFORMATION Aria Ghafari, Legislative Aide Email: aria.ghafari@sen.ca.eov Phone: (916) 651-4011 Angela Hill,Senate Fellow Email: angela.hill@sen.ca.gov Phone: (916-651-4011 SB 905 Fact Sheet—Updated 3/8/2018 05