ALCOHOL LICENSES

WHAT IS THE ISSUE?
IS THERE A SOLUTION?
WHAT IS THE STATUS?
WHAT you can DO:
Current protests:

“There is rising community concern over the number of alcohol-licensed businesses in Pacific Beach, the trend for more and more restaurants to function like bars, the high alcohol-related and general crime, the high number of DUIs, and other negative impacts to public safety, to the community and to residents’ quality of life.” Excerpt from the PB Planning Group* summary report dated February 23, 2011. Read the 2011 PBPG Report to understand how things got this way and the solutions that are needed. (Want a quick read? Go to the Executive Summary on page 3 or the report.)

In 2007, When Kevin Faulconer held Beach Area Alcohol Task Force (BAATF) meetings, ABC's Jennifer Hill stated "PB has had the same number of licenses for the last 30 years", implying that nothing had changed in terms of number of licenses in PB. But, what she neglected to say is that many of those same licenses that 30 years ago were used in a family restaurant to serve 40 to 100 people eating dinner until 10 pm, were now being used to serve 200 to 800 people in a bar-like environment until 2am. And, many licenses had been modified from type 41 beer and wine licenses to type 47 full spirits licenses. Food sales have been de-emphasized in favor of more and stronger alcohol sales.

The relationship between alcohol and crime: Pacific Beach has consistently ranked in the top 3 communities for crime. However, residential neighborhoods have very low violent crime. Crime reports show that most of the violent crime is alcohol-related and occurs in the ‘bar-district,’ which encompasses several blocks on Garnet Avenue and Mission Blvd. In that area there are 10 times more alcohol licenses than allowed by state guidelines.

It took years after the BAATF meetings to understand how alcohol licenses in PB have morphed over time to sell more alcohol to more and more people by shifting from beer and wine to full spirits, by increasing the size of the premises and the number of people served, by lengthening the hours of alcohol service, and by operating like bars instead of restaurants. These changes have greatly multiplied the impact of each license and have resulted in PB's greatly increased crime. All of these license changes are allowed by ABC regulations, and they generate more profits for owners and landlords, so as long as they are allowed they are bound to happen.

Unfortunately, given the lax ABC rules, it is not safe to allow even responsible restaurant owners to get a new alcohol license, because the pressure for maximum profit (often driven by landlords raising rents once the alcohol license is issued) may cause the owner to sell or change operations to function like a bar and maximize alcohol sales. This scenario has happened in PB over and over again and will continue to happen until we have City land-use regulations that control how and where alcohol businesses can operate using best business practices. Once we have this City control, true restaurants will find it much easier to obtain new alcohol licenses because police and residents will be less likely to file ABC protests.

For 10 years our community leaders have asked the City to adopt new policies that give the City (not the ABC) land-use control over where and how new alcohol businesses operate.  Many other California cities have successfully used such policies to reduce crime and to improve business districts as well as residents' quality of life.  The PB Planning Group wrote a thorough report and analysis, identifying the issues, and providing solutions. Our City Leaders have received the report but have not had the courage and political will to do the right thing.   We need to keep this issue in front of our City Leaders!

Currently, ABC makes the alcohol licenses decisions and its policies do not protect communities from over-concentration and related high crime.  More and more licenses are granted in PB each year despite our high crime and over-concentration. 

ABC policies allow restaurants to function like bars and nightclubs.   As a result, over the last 30 years, more and more restaurants in PB have become defacto bars and nightclubs-- selling more alcohol to more people over more hours -- because this generates maximum revenue (and crime!). Most of the problem "bars" you see in PB actually have "restaurant" alcohol licenses!  Every new restaurant license approved by ABC has the potential to turn into a bar/night club.  The only way to stop this is for the City to obtain local control by adopting certain land-use policies that the ABC is legally bound to honor.

Read the PBPG report to learn more.  Although it was published in 2011, it retains its relevance and truth.  Click here to read the PBPG ALRC SUMMARY REPORT FEB, 2011

Over-Concentration of Alcohol Licenses
As of July 2020, Pacific Beach has 100  restaurants, 18 bars, and 41 stores for a total of 159 alcohol licenses where only 66 are allowed by state regulation. When a census tract has more alcohol licenses than allowed, it is over-concentrated. 

The relationship between High Crime and Alcohol licenses 
A census tract is considered to have high crime when the number of crimes is 120% or more of the city-wide census tract average.  The ABC and SDPD consider high crime when reviewing alcohol license applications, but licenses are still issued in high crime areas. 
For Example:
Tract      # Crimes    % of City-wide Census Tract Average
7905       1,092         534.7%    PB West Business District
7910       1,076         526.9%    PB South West
These census tracts are also over-concentrated with alcohol licenses--they have 6 times more licenses than allowed

What can be done?
Many other CA cities have suffered similar problems and have adopted these land-use policy solutions to successfully reduce crime while maintaining vibrant business districts.

• Get City control (rather than State ABC control) by adopting a land-use policy for the Pacific Beach over-lay zone that requires new alcohol-licensed businesses to obtain a Conditional Use Permit (CUP) that sets forth the conditions under which the business can operate. These conditions can ensure that new restaurants do not function like bars or nightclubs

• Create a Deemed Approved Ordinance (DAO) for the Pacific Beach over-lay zone that “grandfathers in” the alcohol-licensed businesses currently operating in Pacific Beach. Serious and repeated violations may require a business to obtain a CUP.

• Establish a cost-recovery funding mechanism, with reasonable, sliding scale fees paid by all alcohol-licensed businesses in Pacific Beach, that will provide for a dedicated SDPD police officer to administer the CUP and DAO; determine, monitor and enforce conditions; work with businesses to encourage best and proper practices; and pursue an overall goal of reducing negative impacts such as crime and DUI, while supporting a vibrant and healthy local economy.

Keep this issue in view of our City Leaders.

Email:

• Mayor Todd Gloria - MayorToddGloria@sandiego.gov

• District 2 Councilmember Jennifer Campbell - jennifercampbell@sandiego.gov

• County Supervisor District 4, Nathan Fletcher - nathan.fletcher@sdcounty.ca.gov. 

• Assemblymember Chris Ward.  From his website contact page, choose the topic of Public Safety.  Contact Assemblymember Chris Ward

Want to know more about alcohol license issues and solutions?  Check out this 2014 compilation put together by Scott Chipman and Marcie Beckett and endorsed by many other community leaders in San Diego: Alcohol Policy and Crime in San Diego – An update on the Problems and Solutions.*The Pacific Beach Planning Group (PBPG) is tasked with carrying out the Pacific Beach Community Plan, adopted in 1995.  The PBPG is a city-recognized and regulated board.