HomeMy WebLinkAbout11/15/2011, B3 - UPDATE ON ALCOHOL OUTLET PUBLIC SAFETY STRATEGIES CO U n C l l MaetiNDam
November 15,2011
xcenoA Pzepmt mm Number9-3
CITY OF SAN LUIS OBISPO
FROM: Deborah Linden, Chief of Police O
SUBJECT: UPDATE ON ALCOHOL OUTLET PUBLIC SAFETY STRATEGIES
RECOMMENDATION
Endorse an action plan and regulatory approach to reduce public safety problems associated with
alcohol outlets.
REPORT-IN-BRIEF
For the past two years, staff has been focusing on collecting information and developing strategies
to reduce public safety problems and negative impacts associated with alcohol outlets. In October
2009, staff presented a study to the Council that correlated police-related incidents with alcohol
outlets, along with several recommendations to improve the situation. Staff received direction from
the City Council to explore a range of strategies, improve local regulation, and engage a wide
variety of stakeholders in the process. Staff improved existing regulatory enforcement and explored
the concept of developing a Hospitality Zone in the downtown as a means to achieve desired
outcomes with stakeholder support. Staff updated the Council in November 2010 and received
further direction and feedback. In May and June 2011, staff conducted a comprehensive stakeholder
engagement process which generated extensive discussion and ideas related to this effort. Since
then, the downtown bar and restaurant owners have formed the Safe Night Life Association in order
to improve their coordination and practices and to promote safety and patron responsibility.
Staff has developed an action plan that includes a new regulatory approach designed to mitigate the
impact of nuisance and criminal activity caused by alcohol outlets, especially when voluntary
compliance and education has not been effective. New regulations would include the requirement
that all new alcohol outlets obtain a conditional use permit and that existing businesses be subject to
a "deemed approved" ordinance with more general operating standards. Staff is also in the process
of improving data collection methods to better connect alcohol-related incidents with specific
outlets and enhancing communication and coordination with outlet operators.
Staff is not recommending the creation of a new regulatory fee on alcohol outlets to offset the cost
of enforcing existing laws or new regulations at this time. This is due to a variety of factors
including the legal limitations associated with Proposition 26 adopted in 2010. Staff will evaluate
the potential impact on staff workload as the regulations are developed. A reduction in problems
associated with alcohol outlets will also benefit neighborhoods, which is consistent with the focus
of the Neighborhood Wellness Major City Goal. Staff will consider the increased enforcement
capacity provided by the new Neighborhood Services Specialists in the analysis of workload
impacts created by new regulations.
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DISCUSSION
Background
In the Fall of 2009, the City contracted with Fried Wittman, Ph.D, President of CLEW Associates,
an environmental planning firm located in Berkeley, California, to conduct an analysis of alcohol-
involved police events related to retail alcohol outlets in the City. The analysis was conducted
utilizing a tool called Alcohol/drug Sensitive Information Planning System in a Geographic
Information System format, or ASIPS/GIS. Dr. Wittman specializes in research and application of
planning approaches to prevent and mitigate problems related to the retail, public, and social
availability of alcoholic beverages and drugs in communities.
On October 20, 2009, Dr. Wittman and City staff presented the results of the ASIPS/GIS study to
the Council during a study session. Based on the findings of the study and input from the business
community, the Council directed staff to collaborate with stakeholders and explore the following
strategies discussed in the ASIPS report intended to reduce public safety problems associated with
alcohol outlets:
1. Appropriate definitions of"restaurants" to address morphing concerns
2. Conditional use permits for all outlets
3. Standard conditions for outlet performance
4. Improved communication with permit holders & applicants
5. "Deemed Approved" Ordinance
6. Improved practices to increase compliance with use permit conditions
7. Alcohol outlet fee to offset costs of additional oversight& training
8. Address alcohol outlets in long range planning
In addition, during public comment regarding the ASIPS report, Downtown Association Director
Deborah Cash requested the Council consider the formation of a Hospitality Zone in the downtown.
A Hospitality Zone focuses efforts to help plan and manage dining and entertainment districts. It
involves stakeholders in finding ways to maximize economic and social benefits of a nighttime
economy by making visitors feel safe and encouraging vibrancy in the downtown during the
nighttime hours. The Council directed staff to explore the concept of a Hospitality Zone in addition
to the strategies mentioned above.
On November 16, 2010, staff provided an update to the Council on progress made in exploring
these strategies. Staff from the Police and Community Development Departments had improved the
process used to issue new use permits and request conditions on new alcohol licenses, including
standardizing hours of service and operating conditions when possible. Staff had been researching
and attending webinars related to the formation of Hospitality Zones. In order to receive further
direction from the Council, staff presented the Hospitality Zone concept to the Council. The
creation of a Hospitality Zone in the downtown was supported by the Downtown Association and
some stakeholders and viewed by staff as a method to achieve the strategies recommended in the
ASIPS/GIS report, while involving a wide range of stakeholders. The Council reiterated its desire to
enhance regulation of alcohol outlets, as suggested in the ASIPS/GIS study, while at the same time
stressing the importance of staff collaborating with stakeholders as progress continues, especially
the Downtown Association, downtown business owners, and neighborhood associations.
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In January 2011, the Council held community meetings as part of the goal setting process for the
2011-13 Financial Plan. During the goal setting process, Council was asked by the Downtown
Association to pursue the creation of a Hospitality Zone in the downtown as a Major City Goal. The
Council did not select this project as a goal for the 2011-13 Financial Plan.
Stakeholder Engagement and Nightlife Public Safety Assessment Process
In order to comply with Council direction to collaborate with a wide range of stakeholders, staff
applied for, and was awarded; a $9,640 grant from the California Department of Alcoholic
Beverage Control (ABC) to retain the services of a contractor to facilitate a comprehensive
stakeholder engagement process. In March 2011, staff released a Request for Proposals (RFP) for
contractor services and received four proposals from interested persons. The proposals were
reviewed by staff from several City Departments and evaluated for their responsiveness to the RFP,
experience in similar processes,and ability to accomplish the project prior to the deadline.
The contract was awarded to the Responsible Hospitality Institute (RHI), a non-profit organization
that specializes in stakeholder engagement processes and facilitates the formation of Hospitality
Zones in communities (the City contract did not involve the formation of a Hospitality Zone). The
process utilized by RHI, called a Nightlife Public Safety Assessment, was designed to bring
together a wide variety of stakeholders to identify the issues and impacts associated with alcohol
outlets from many different perspectives. The information is then used to help create strategies, both
regulatory and non-regulatory, to address these impacts.
The stakeholder engagement and assessment process was conducted from April through June 2011.
Approximately 60 representatives from various businesses and organizations participated in the
process, which included a two-hour orientation session and four separate "roundtable" discussions
organized by perspective — Community, Hospitality, Safety and Development. The process
culminated with a written report and a Leadership Summit with participants to discuss the report
and next steps. Staff received excellent feedback from stakeholders about the process, especially the
wide range of perspectives that were considered. The recommendations contained in the ASIPS
report were discussed and considered, as well as other strategies suggested by roundtable
participants. A more comprehensive description of the process and outcomes, as well as a list of
participants, is included in the final report prepared by RHI (Attachment 1).
Comparison of Recommendations
Both the ASIPS and Nightlife Assessment reports contain various recommendations for reducing
public safety problems associated with alcohol outlets, and there is a significantamount of overlap
between the two reports. The ASIPS study recommendations are based on best practices proven
effective in other communities. The Nightlife Assessment report includes recommendations that
emerged from discussions with stakeholders. The following table depicts the Nightlife Assessment
recommendations and the corresponding ASIPS recommendations. The ASIPS recommendations
are the same as the list contained in the Background section of this report. The recommendations in
bold print are the ones being recommended and pursued by the City, and/or being considered or
implemented by the Safe Night Life Association or the Downtown Association.
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Nightlife Assessment Report ASIPS Study Recommendations
Recommendations
1. Evaluate existing licensing and 1. Define types of establishments in zoning
permitting systems to determine need for regulations, especially restaurants.
change; develop consensus of effective
policy that matches need. 2. Require use permits for all alcohol
outlets.
2. Consider split-use permit based on time,
location & potential risk of business, 3. Develop standard conditions of operation
rather than based on type of license. for alcohol outlets.
4. Consider Deemed Approved Ordinance
that allows application of new standards
of operation on problematic non-
conforming outlets.
5. Create new fee for alcohol outlets to offset
cost of additional dedicated oversight.
3. Convene licensing agencies and develop 6. Improve communication & information
consolidated information for potential regarding oversight processes (ABC
business operators. license, use permits, regulation, etc).
4. Create Code Compliance Team to 7. Improve outlet operation and practices;
share/compare data & work with outlets. provide education & training.
5. Create Nighttime Economy/Sociability
Liaison.
6. Re-establish Restaurant & Bar
Association to share ideas for
improvement,discuss recommendations
in ASIPS report concerning venue
operation, and liaison with City officials
and community.
7. Create social marketing and outreach
campaign focused on patron
responsibility & civility.
8. Evaluate venue safety practices, including
server training, promotions, & service
practices; obtain feedback from police &
other stakeholders regarding
erformance and concerns.
9. Conduct inventory of existing venues— 8. Consider alcohol outlet type, density &
type, hours, occupancy, and location in future planning& zoning.
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entertainment offered.
10. Conduct economic impact assessment of
nightlife venues.
11. Define vision for downtown —day,
evening, late-night uses; create Hospitality
Resource Partnership to monitor progress.
12. Consider standards of construction for
downtown residential development &
social venues to manage noise, trash,
deliveries, etc.
13. Establish a Mobility Management Plan N/A
for nighttime transportation through
collaboration with stakeholders.
14. Enhance public spaces: public restrooms; N/A
expanded sidewalks; "flex zone"use of
parking spaces downtown; enhanced
li htin ; mobile food vendor regulation.
15. Create a Property Based Improvement N/A
District with downtown overlay to fund
transportation, restrooms, and security.
Formation of the Safe Night Life Association
On July 21, 2011, as a follow-up to the nightlife assessment and stakeholder engagement process,
several of the bar, nightclub and restaurant owners and operators in the downtown formed The Safe
Night Life Association, which has been meeting every two weeks. The Association currently has
approximately 14 members and plans to expand to include all outlet operators downtown. The
following is the Association's mission statement:
"The Safe Night Life Association was formed to join together the owners and operators of
businesses providing food and beverages to ensure the safety and well-being of patrons and
the community and to responsibly promote the vitality of Downtown during the evening and
late night hours." The group has hired retired San Luis Obispo Police Department
Lieutenant Steve Tolley as coordinator of the Association."
The Safe Night Life Association has begun implementing, or has plans to implement, several of the
recommendations contained in the Nightlife Assessment and ASIPS reports, including:
1. SLO Safe Ride: The Association is working with the owner of SLO Safe Ride to support a
new late-night transportation service to take patrons from the downtown to their
neighborhoods so they do not drive while intoxicated or walk home from the downtown
causing disturbances. The service will provide transportation to and from the downtown
along a pre-planned route using bus stops in various City neighborhoods on Thursday,
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Friday and Saturday nights. The service will utilize 15-passenger vans and is considered a
bus service subject to licensing by the Public Utilities Commission (PUC). The service is not
subject to the City's taxi licensing requirements. The owner, Mr. Trevor Freeman, is a
member of the Safe Night Life Association in order to coordinate his efforts with the
downtown establishments. Staff has been communicating with Mr. Freeman to discuss
concerns expressed by residents regarding the behavior of patrons walking home from the
bus stops and to ensure the service provides adequate security aboard the vans.
2. Downtown Clean-Up: The Association is developing a plan to fund or provide a downtown
clean-up service to help keep the public spaces downtown clean after late-night use.
3. ABC LEAD Training: The owner/operators of the downtown outlets are planning on
requiring all employees attend the Licensee Education on Alcohol and Drug (LEAD)
training provided by California ABC. The 3%z hour LEAD Program is a free, voluntary
prevention and education program for licensees and their employees that provides practical
information on legal and responsible serving practices and preventing illegal drug activity at
licensed establishments.
4. Coordination and Information Sharing: Association members are developing a secure
method to share information regarding patrons who have created problems and been ejected
from an establishment. When a patron has been ejected from one establishment, the patron
will not be allowed in another establishment in the downtown. This effort is being referred
to as the "One 86-All 86" plan. Being "86ed" is a slang term for being refused service or
kicked out of an establishment.
5. Patron Responsibility Outreach Campaign: The Association has created a marketing
campaign focused on personal responsibility for patrons, which began the week before
Halloween weekend. The campaign advertises a new "One 86-All 86" policy through
posters placed in the alcohol outlets. Outlet operators plan on making presentations to
student groups and Greek organizations about patron responsibility and safety.
6. Best Practice Review: Association members will research and implement outlet
management policies and practices that have proven effective in reducing problems
associated with alcohol service and large crowds.
Action Plan
In addition to the strategies being implemented by community stakeholders, several of the
recommended strategies are, by their nature, dependent on the City to implement or facilitate. Staff
has already improved education and enforcement of existing use permit conditions and has
equipped the police officers assigned to the downtown with copies of existing use permits so they
can recognize violations when they occur. Staff is in the process of implementing several of the
remaining strategies, while others will be incorporated into longer-term plans and efforts. Some of
the strategies are not being recommended by staff at this point. The following are the strategies and
the recommended approach, pending Council approval of this action plan.
Regulatory Approach
The Council has directed staff to enhance local regulation of alcohol outlets in the City. The ability
for local governments in California to regulate alcohol outlets is limited by the California
Constitution, which established that the State has exclusive jurisdiction over the manufacture, sale,
purchase and transportation of alcohol. The California Department of Alcoholic Beverage Control
(ABC) is responsible for regulating outlets; however many of the laws are outdated and ABC is
very short staffed, so enforcement is limited. ABC utilizes specific criteria to base decisions related
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to the issuance, enforcement and revocation of liquor licenses and cities have very limited ability to
participate in or influence these decisions. With certain types of liquor licenses, such as restaurant
licenses, local governments have no ability to stop the issuance of the license and may only request
operating conditions on the license under certain circumstances.
Local governments have successfully utilized their land use and police functions as effective tools
in regulating the ancillary aspects of alcohol sales without becoming involved in the aspects of
regulation that are exclusively controlled by the State through ABC. For example, State law
prohibits the issuance of a liquor license to a premises when the license would conflict with a
zoning ordinance, except when a prior license of the same type had been issued before the adoption
of the zoning ordinance and there is no substantial change in the way the premises has been
operating. Cities can also adopt an ordinance allowing the abatement of nuisance and criminal
activity associated with alcohol outlets on a case-by-case basis; however this approach is difficult to
implement.
Staff recommends the creation of a zoning ordinance that regulates the negative impacts often
associated with alcohol outlets (on-sale and off-sale) for both new alcohol outlets and pre-existing
ones. Such an ordinance would not regulate the manufacture, sale, purchase, possession or
transportation of alcoholic beverages, which is exclusively controlled by the State. Further, because
pre-existing outlets (those in operation prior to the zoning ordinance change) are afforded greater
legal protection than new outlets, the two must be treated differently in applying local regulation.
• New Outlets: Staff recommends updating the zoning ordinance to require use permits for all
new alcohol outlets. Use permits allow cities to create and enforce community standards of
operation without relying solely on State enforcement of liquor license provisions to
regulate outlets. Use permit provisions should include general operational standards that
apply to all outlets, as well as conditions of approval that are more specific and can be
focused on the nature and type of outlet. For example, conditions of approval for a liquor
store would be different than those required for a nightclub. Staff will consider options
related to this recommendation, such as excluding new full-service restaurants from the use
permit requirement provided they are consistent with a standardized definition of restaurant
in the zoning regulations, and meet specific criteria related to food sales, operating hours,
and other provisions in order to prevent "morphing" into some other use, such as a bar or
nightclub.
• Pre-Existing Outlets: Alcohol outlets that were in operation prior to the adoption of a new
zoning ordinance would be considered legal nonconforming uses, or "grandfathered"
businesses, not subject to new use permit requirements. In order to regulate nuisance and
criminal activity at pre-existing outlets, staff recommends a "deemed approved" ordinance
be created. Such an ordinance would establish that the sale of alcoholic beverages is deemed
an approved activity as long as the outlet complies with general performance standards
associated with the deemed approved status. These performance standards differ from use
permit conditions in that they are general in nature,apply to all pre-existing outlets equally,
and focus on nuisance and criminal behavior associated with the operation of the outlet. The
City of Oakland enacted a deemed approved ordinance for alcohol outlets that has been
upheld by California Court of Appeals and is now a model ordinance for California cities.
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The deemed approved performance standards contained in the Oakland ordinance require
that the sale of liquor at a pre-existing outlet does not:
1. Result in adverse effects to the health, peace, and safety of persons residing or
working in the surrounding areas;
2. Jeopardize or endanger the public health or safety or persons working in or residing
in the surrounding area;
3. Result in repeated nuisance activities within the premises or close proximity of the
premises, including but not limited to illegal drug activity, public drunkenness,
drinking in public,harassment of passersby, gambling, prostitution, the sale of stolen
goods, public urination, thefts, assaults, littering, loitering, police detentions, arrests;
4. Violate any city, state, or federal regulation, ordinance, or statute; or
5. Have upkeep or operating characteristics that are incompatible with the surrounding
area or adversely affect the liability of appropriate development of abutting
properties.
Should the sale of liquor cause a violation of a deemed approved ordinance performance
standard, an administrative hearing is held to review the complaint, which may come from
City staff or members of the public. If a violation is upheld, the hearing officer may impose
specific conditions necessary to enforce the deemed approved performance standards. If the
outlet subsequently violates these conditions, the deemed approved status may be revoked
and the City may seek to abate the activity as a nuisance. Decisions made by an
administrative hearing officer or body would be subject to appeal to the City Council.
In general, deemed approved ordinances are an effective tool to mitigate the impact of nuisance and
criminal activity caused by an outlet, especially when voluntary compliance and education has not
been effective. If a pre-existing outlet is operating lawfully and in a responsible manner with
appropriate policies and self-regulation, the outlet will not become the focus of a deemed approved
enforcement action. However, it is important to have appropriate regulations in place as a safety net
should voluntary measures fail to be effective.
Ordinance language, operational standards and conditions of approval, and enforcement procedures
would need to be developed in collaboration with various City Departments. The ordinance
amendments would be presented to the Planning Commission prior to being considered by the
Council. At this point, staff is unable to determine the impact of these new provisions on the
capacity of existing staff to enforce and prosecute use permit and deemed approved violations. Staff
will be able to better assess such impacts as the ordinances and enforcement procedures are
developed.
Staff anticipates being able to include the creation of new use permit requirements for new alcohol
outlets in the 2012 Zoning Regulation update targeted for consideration by the Council in June or
July. Because the deemed approved ordinance impacts existing business entities it will require more
extensive research and outreach to existing alcohol outlets. Staff anticipates bringing a deemed
approved ordinance to the Council by the end of 2012.
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Data Collection
In order to monitor criminal activity and problems associated with alcohol outlets, staff is working
on methods to improve data collection, especially involving the outlets in the downtown core,
which are situated in close proximity to each other; making it difficult to associate criminal
behavior with a particular outlet. Staff is developing a data collection method to obtain information
from persons arrested for public intoxication (or other crimes during which they were intoxicated)
regarding the locations at which they had been drinking. Staff will also develop a method to utilize
similar data already collected from people arrested for DUI. Staff will use this data to make alcohol
outlets aware of any trends observed and to hold outlets accountable when on-going patterns are
detected.
Information Sharing
The development of the Safe Night Life Association affords a new opportunity for regular and on-
going communication and information sharing with the outlet operators in the downtown. Staff
plans to meet on a regular basis to discuss observations, data and concerns, and to collaborate on
solutions. Staff will also develop a more comprehensive approach to working with those interested
in opening a new alcohol establishment, as well as new outlet operators, to ensure they are aware of
all license and use permit requirements.
Longer Term Strategies
California state law has few restrictions regarding the locations of alcohol outlets. Other than in the
immediate vicinity of churches and hospitals, alcohol establishments are allowed under State law to
operate almost anywhere. City zoning ordinances can be used to further restrict the location and
types of outlets desired in certain areas. For example, outlets could be restricted to certain zones or
require specific distances from other types of facilities or areas, such as schools, playgrounds, or
high crime areas. Zoning regulations could also limit the density (distance between outlets) or size
of outlets, or limit the amount of a certain type of outlets in a particular area.
Staff recommends considering these zoning decisions in the context of the upcoming Land Use and
Circulation Element Update being conducted by the Community Development Department. Alcohol
outlets could be considered in terms of community compatibility and impact, in the same way other
types of uses are incorporated into the make-up of our community. This would provide important
long-term policy guidance for City staff and potential outlet developers.
The stakeholder engagement process also identified several non-regulatory strategies related to
improving the environment in the downtown for visitors and patrons of evening and late-night
businesses. They include: enhancing downtown lighting; increasing access to public restrooms late
at night; and expanding the use of public sidewalks and parking spaces for dining and entertainment
uses. Enhancements to downtown pedestrian lighting are included in the proposed downtown
beautification project being considered by the Council. Installation of conduit that would allow for
tree lighting is also a component of the downtown beautification project. If this project moves
forward, the Downtown Association is considering funding the installation, operation and
maintenance of the lights in the trees. Staff will consider the other strategies as time permits, and in
coordination with related downtown developments and projects.
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Not Recommended at this Time
One of the recommendations contained in the ASIPS study was the creation of a new fee charged to
alcohol establishments to offset costs of new regulation and oversight, such as those accompanying
new use permit and deemed approved ordinance enforcement. Staff has researched such fees, which
have been enacted by several cities including Oakland, Santa Cruz and Ventura. Fees in these cities
range from $250 to about $2,700 depending on the size, type and uses associated with the outlet.
Since then, Proposition 26 was passed by voters in November 2010 which limits the ability of cities
to impose certain types of fees. Fees may not be charged simply to recoup the cost of existing
enforcement of current laws, such as paying for the cost of the Police Department Downtown Team
or Community Development Code Enforcement personnel. Fees imposed to recover the reasonable
regulatory costs for"issuing licenses and permits, performing investigations, inspections and audits,
enforcing agricultural marketing orders, and the administrative enforcement and adjudication
thereof' are exempt from Proposition 26. Should the Council wish to pursue such a fee, the purpose
of the fee and the use of the fee revenue would have to be very carefully defined to ensure
compliance with the new law. The League of California Cities has published a Proposition 26
implementation guide that suggests that a fee imposed on businesses that sell alcohol beverages
could not be used to fund the mitigation of public nuisances associated with those sales that do not
arise on or adjacent to the site of the beverage sales because there is not a direct connection between
the fee payer and the service being provided.
Staff is not recommending the creation of a new regulatory fee on alcohol outlets at this point (other
than the existing application fee associated with the use permit process). Staff believes it is prudent
to develop the specifics of the use permit requirements, deemed approved ordinance, and
enforcement procedures in order to determine the feasibility of enforcing the new provisions using
existing resources (provided the Council adopts the new regulations). Staff is also encouraged by
the recent efforts of the bar and restaurant owners through the formation of the Safe Night Life
Association. Should their efforts at self-regulation and policy improvement be effective,
enforcement of new deemed approved and use permit ordinances may not generate a significant
increase in staff workload.
Link to Neighborhood Wellness Goal
As part of the FY 2011-13 Financial Plan, the Council adopted a Neighborhood Wellness Major
City Goal that focuses on the enforcement of code violations in the City's neighborhoods, and
included the creation of two Neighborhood Service Specialist positions in Community
Development/Code Enforcement. Staff believes the efforts being pursued related to alcohol outlets
are consistent with the Neighborhood Wellness goal. During the stakeholder engagement process,
as well as at prior Council meetings, neighborhood representatives and residents have described
negative impacts resulting from the behavior of downtown alcohol outlet patrons walking home late
at night. These impacts include noise, urinating and vomiting in yards and public spaces, vandalism,
littering, and more serious incidents such as intoxicated people entering the wrong home thinking it
was theirs. Improving the practices of the outlets - either voluntary or via use permit or deemed
approved regulations - will reduce the impacts of patron behavior in the neighborhood, as will
improve ancillary services such as late-night transportation. Unless directed otherwise by the
Council, staff will consider the increased enforcement capacity provided by the new Neighborhood
Service Specialist positions in our development and implementation of enforcement procedures as
well as the assessment of the potential impacts of the new regulations on staff workloads:
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CONCURRENCES
The Community Development Director concurs with the recommendation.
FISCAL IMPACT
There is no direct fiscal impact associated with the recommendation. Staff is able to implement the
development of the use permit and deemed approved ordinances using existing staff resources.
There may be future impact on staff resources necessary to enforce new use permit and deemed
approved ordinances; however staff is not able to quantify the impact at this time. An example of a
potential impact would be the effect of increased enforcement on the City Attorney's ability to
manage the volume of code enforcement prosecutions due to violations of use permits conditions or
deemed approved ordinance standards. As these regulations are presented to the Council for
adoption, staff will attempt to include information regarding the impacts experienced by cities with
similar regulations for the Council's consideration.
ALTERNATIVES
I. Modify Regulations: The Council could direct staff not to develop, or to delay
development, of either the ordinance requiring new use permits for new alcohol outlets, or a
new deemed approved ordinance, or both. If this occurs, staff will continue to enforce
existing use permit conditions for outlets that currently have use permits. This will continue
to limit the ability of the City to regulate nuisance and criminal behavior caused by outlets,
especially for those outlets that are not currently subject to use permits.
2. Pursue a Fee: The Council could direct staff to develop an ordinance requiring a fee for all
alcohol outlets to offset the costs directly associated with the issuance and enforcement of
the new use permit and deemed approved ordinances. Staff is not recommending a fee at this
time for the reasons previously stated in this report.
ATTACHMENT
San Luis Obispo Nightlife Public Safety Assessment Final Report
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Article presented at 2011 League of California Cities Conference titled, "Liquor Stores, Bars &
Nightclubs: Conditional Use Permits and Best Practices for Regulating Alcohol Sales" by Attorneys
Steve Mattas and Jason Rosenberg.
Omuncii agenda repo rtstpohm=S2011Wpdate on alcohol outlet public safety strategies 11-15-11.doa
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Attachment
Son Luis Obispo
Nightlife Public Safety
Assessment
STAKEHOLDER ORIENTATION
MAY 31,2011
ROUNDTABLE DISCUSSION
HOSPITALITY
SAFETY
DEVELOPMENT
COMMUNITY
JUNE 1 AND 2,2011
LEADERSHIP SUMMIT
JUNE 29,2011
FINAL REPORT
JULY 18,2011
C HOSPITALITY O
N RESPONSIBLE HOSPITALITY INSTITUTE
• , 740 Front Street, Suite 318
Santa Cruz, California 95060
m Phone: 831.469.3396
Contact: Jim Peters
Email: Jim@RHlweb.org
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ATTACHMENT
m MOSPIIALITV C
J -
J $
m N
N
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oA JLo
Summary Report: Nightlife Public Safety Assessment
The Nightlife Public Safety Assessment conducted by RHI was hosted by the City of San Luis Obispo Police Department
and funded through a grant provided by the California Department of Alcoholic Beverage Control
Table of Contents
MobilizingStakeholders..........................................................♦:.......................,....................................................1
Driving Forces for Transformation ........................................................................................................................2
AThree Step Program for Transformation............................................................................................................4
Collect Data to Support Policy, Compliance, Education and Marketing.....................................................................4
Build a Framework for Equity among Stakeholders.................................................................................................5
EnhancePatron Responsibility..............................................................................................................................8
Backgroundand Basis for Action Plan................................................................................................................12
Meeting Sociability Needs of All Residents and Visitors....................................................................................12
Trends in Residential Composition and Transportation.....................................................................................12
PublicSafety Status.......................................................................................................................................12
Progress and Success Stories........................................................................................................................13
HospitalityBusiness Practices........................................................................................................................13
PatronResponsibility....................................... ..................................................................:..........................13
Appendix 1:Additional Resources.......................................................................................................................14
Collect Data to Support Policy, Compliance, Education and Marketing...................................................................14
Build a Framework for Equity among Stakeholders.........M.M....................................m.m.—m............m...m....m.................15
EnhancePatron Responsibility............................................................................................................................15
Appendix2: Participants.....................................................................................................................................17
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ATTACHMENT
O HOSNtALIIV O
2
or l
SUMMARY OF NIGHTLIFE PUBLIC SAFETY ASSESSMENT
May 31 —June 29, 2011 —San Luis Obispo, California
MOBILIZING STAKEHOLDERS
ji The City of San Luis Obispo contracted with the Responsible Hospitality Institute(RHI)to
conduct a Nightlife Public Safety Assessment in 2011.The primary objective was to convene
a diverse and inclusive mix of stakeholders to provide input on development of strategies to
reduce public safety challenges associated with licensed alcohol establishments.
... �c ". This project evolved from an analysis of alcohol-related police events associated with retail
alcohol outlets in the.City utilizing a tool called Alcohol/Drug Sensitive Information Planning
` - System in a Geographic Information System format, or ASIPS/GIS. Data from the Police
Department's incident and arrest databases was overlaid with the locations of alcohol
.;• outlets,and analyzed as to frequency by time of day, day of week, outlet location and alcohol
1, license type. Eight policy strategies emerged from the results of the data.
Based on the findings of the study and input from the business community, the City Council
directed staff to further explore the following eight policy strategies intended to reduce public
safety challenges associated with alcohol outlets:
1. Appropriate definitions of"restaurants"to address concerns about restaurants morphing into bars
2. Conditional use permits for all outlets
3. Standard conditions for outlet performance
4. Improved communication with permit holders and applicants
5. "Deemed Approved" Ordinance
6. Improved practices to increase compliance with use permit conditions
7. Alcohol outlet fee to offset costs of additional oversight and training
8. Incorporate alcohol outlets as element in long range planning
The City Council also directed staff to collaborate with various affected stakeholders, including outlet operators, other
downtown business owners, neighborhood residents, Chamber of Commerce, Downtown Association, local colleges,
and others to explore these strategies.
This report is a summary of highlights, suggestions and consensus areas achieved through discussion with
approximately sixty representatives from almost as many businesses and organizations who attended a two hour
Orientation and four separate Roundtables organized by perspective—Community, Hospitality, Safety and Development.
The report also includes a summary of follow-up discussion and next steps suggested during a Leadership Summit that
reconvened a large percentage of process participants.
The Orientation, Roundtable and Leadership Summit events, as part of the Nightlife Public Safety Assessment
conducted by RHI,was hosted by the City of San Luis Obispo Police Department and funded through a grant provided by
the California Department of Alcoholic Beverage Control.
What follows is a summary of highlights, suggestions and consensus areas achieved through discussion with
approximately 60 individuals who participated in the Orientation, Roundtables and Summit. This summary is
based upon these discussions and does not always reflect the sponsors or all participants of this project.
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DRIVING FORCES FOR TRANSFORMATION
San Luis Obispo is at the epicenter of a diverse mix of vibrant activities, and has been referred
' to as the "happiest city in America" by Oprah Winfrey. The city's ideal climate, proximity to
historical sites and thriving nightlife make it a regional destination year-round. Downtown serves
Ck, r as a social gathering place and supports a variety of experiences offered for a broad range of
lifestyles, income levels and cultures. While many other cities in North America struggle with
11 retail vacancies, high unemployment and violent assaults, San Luis Obispo has continued to
flourish through a legacy of innovation and adaptability to trends.
L LT y
` The city has an excellent foundation from which to grow rather than being in a state of crisis that
would require reactionary strategies. Bringing together the key stakeholders at this time assures
<. continued positive and progressive growth.
The current demographic make-up of the city has largely been influenced by the presence of
two nearby large educational institutions, Cal Poly State University and Cuesta Community
College. In the mid 1970s, San Luis Obispo experienced a high influx of new residents and students due to an
aggressive recruitment initiative by Cal Poly; however, the University did not add any additional student housing on
campus between 1973 and 2004.This contributed to an increase in students living off-campus in residential
neighborhoods. During this period of growth, long-term investments were made by home-buying residents and business
entrepreneurs who established their livelihoods in San Luis Obispo. Many have chosen to retire in the city, while some
former students have also chosen to remain in order to harness creative opportunities.
With the start of the 21S1 century, college enrollment expanded steadily. Additional student housing was added on the
Cal Poly campus and today, over 6,000 students live on campus.The 2010 Census Bureau tabulated the city's
population at 45,016 (this figure includes college students living off-campus in the city, but does not include the 6,000
Cal Poly students who live on campus). During the day,the service population can grow to as many as 70,000 people
when workers, tourists and students spend time in the city.
The housing and entertainment markets adapted to the growth in the young adult population. Once primarily owner-
occupied neighborhoods now contain a large percentage of rental units servicing student housing needs. Nightlife
venues also shifted to the young adult market by offering more entertainment at later hours.These trends have
converged into conflict among different generations about appropriate behavior and use of public space.
The recent addition of on-campus housing is shifting some students back to campus, beginning to relieve the impact on
residents while providing opportunity for more single family or young professional housing in the community.
A paradigm shift is necessary to transition San Luis Obispo to a safe and vibrant 24/7 community, with downtown as a
center of the city's shopping and sociability.There is currently no detailed plan for how to effectively integrate mixed-
use development while proactively addressing concerns regarding noise, alcohol and related issues. Improvements can
be made by the nightlife venues and their patrons, and city services and infrastructure can be improved to better
facilitate a safe and vibrant nighttime economy.
For example, bus service ends at 10:00pm and cab service is limited; as such, some nightlife venue patrons risk driving
home impaired or walk home through neighborhoods, disturbing residents.Although the police department is the
primary public safety service out at night, the city could benefit from a more comprehensive approach to nighttime
economy safety. Due to the tight economy, some nightlife venues have chosen to utilize more extreme promotions,
emphasizing drink specials, and ultimately increased risk of intoxication among patrons, with impacts on safety and
quality of life as they leave the venues.
Despite these challenges, stakeholders in San Luis Obispo have demonstrated a strong commitment to maintaining a
high quality of life in their community and dedication to finding innovative solutions.
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The RHI assessment process uncovered trends, issues, resources and preliminary strategies that can help guide the
vision for San Luis Obispo's future development. Gaps and inconsistencies in policy and legislation will require particular
attention to establish a legislative system conducive to a safe and vibrant nighttime economy.
Every stakeholder holds a critical piece of the puzzle,yet has often worked independently to resolve challenges and
problem-solve. Recommendations from the assessment can only be effective if a partnership is formed to sustain a
focus on a positive vision for San Luis Obispo as a safe and sociable city.
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A THREE STEP PROGRAM FOR TRANSFORMATION
Interwoven among discussions at the Stakeholder Orientation and the four
Roundtables are three general areas of agreement on productive change for the
future:
1. Collect Data to Support Policy, Compliance, Education and Marketing
2. Build a Framework for Equity among Stakeholders
4 " 3. Enhance Patron Responsibility
Collect Data to Support Policy, Compliance, Education and Marketing
How Gaps in Data Relate to Regulatory Requirements
What became evident through the four Roundtable discussions is that various organizations collect data that could be
used to more clearly define connectivity between problem and solution, but this data is not collectively shared or
efficiently gathered into a central repository for analysis.
In addition, current licensing and permitting systems designed to minimize risk were identified as being confusing and
often unenforceable by regulatory and compliance officers because of this lack of clarity. It is important to have accurate
and timely data to assess whether the current licensing and permitting system is motivating those business owners in
compliance and not associated with police and other problematic activity versus deterring those who are associated with.
risky practices and patron behavior.
Action Plan for Data-based Policy,Education. Compliance and Marketing
A first step discussed in the Roundtables was an inventory of nighttime activity.Among the data to be collected will be
economic and employment impacts, potential number of people served (i.e. combined venue occupancy), hours of
venue operation, businesses and venues with late-night activity(i.e. entertainment), including non-alcohol businesses
(i.e.fast food, cafes, theaters) and concentration of activity.This inventory may lead to more appropriate resource
allocation of public services and also provide greater public recognition of available options,which could spur a broader
market of patrons.
1. Conduct an Inventory: Document the number of venues, hours of operation, occupancies and entertainment
options.
a. Overlay: Use GIS mapping to establish a better overview of concentration, including potential areas for
sidewalk expansion,taxi stands, public facilities, parking and pedestrian management.
2. Economic Impact Assessment: Assess the economic impact generated by dining and entertainment venues
to establish the value of nightlife and sociability as a critical economic engine that drives tourism, conventions,
and revenue for the city.
a. Existing Resource:There have been various economic forecast studies conducted in the city. Gather
existing studies and determine how to best incorporate additional questions pertaining to the nighttime
economy that distinguishes between the daytime and nighttime economies.
b. Existing Resource:The 2011 Community Economic Profile for the City of San Luis Obispo and the 2009-
10 San Luis Obispo Economic Forecast, both sponsored by the Chamber of Commerce, may have
pertinent data and information.
c. Potential Action: Hospitality business owners can collectively support a researcher to conduct a detailed
economic impact assessment of Downtown San Luis Obispo's hospitality.
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3. Code Compliance Team: Convene agencies and organizations that are responsible for data collection, code
compliance and regulation to share data and identify patterns requiring outreach,education and compliance
checks.This can facilitate more efficient data collection and comparison, and identify improvements in
business practices, agency procedures or patron responsibility strategies.
a. Uses for Data:Compile and assess the data from all organizations collected for a three month period and
determine if there are common businesses, specific areas and/or locations cited by all agencies.
b. Standardize Data Collection:There is an opportunity to develop standard intake form fields for police
officers and California Highway Patrol (CHP)officers to collect last drink data.
c. Mentorship: Code Compliance Team members can meet and compare data, identify businesses with
risky patterns, provide early assistance and outreach, as well as develop a compliance plan, or follow-up
intervention with joint enforcement for continued non-compliance.
d. Training Opportunity: Use recurring patterns of risky practices, non-compliance or impacts on public
safety and quality of life as a focal point for development of training, information materials or problem-
solving forums with businesses, government and residents.
Summit Discussion:A recommendation for next steps was as follows:
. Convene stakeholders with data and expertise(e.g. businesses, police, fire, EMS, hospitals, downtown
association, community development, health department, parking,ABC)in order to share information
and determine additional data to collect.
. Consider using a consultant to conduct an economic impact assessment of the nighttime economy.
. Ensure a code compliance team blends with efforts being,made to address party and alcohol issues in
the neighborhoods since they are connected to the issues in the downtown.
Build a Framework for Equity among Stakeholders
Policy can take on many forms, including government policy on licensing and permitting systems;allocation of
resources and priority of enforcement; business policy on personnel, promotions, pricing, training and public relations;
community policies on civility, town/gown relations and voluntary compliance.
To be successful in policy updates or creation, each stakeholder group brings a unique perspective on the same
situation.Assumptions can often lead to impractical or unfocused outcomes, while integrated solutions might be
achieved without regulation, or with regulation that builds upon existing positive practices.
Streamline Permitting Process—With Conditions
Current business owners indicate that building or developing businesses in the downtown can be difficult due to the
perception of the necessary city permitting process being costly and cumbersome and the necessity of vetting projects
with several Council Advisory Boards, which increases the time frame from start to completion. City government officials
report that any development in the city is a methodical process that encourages community input, which often results in
a.broader support of the project when development is approved. A conflict in balancing stakeholder interests was
identified: how can permitting agencies successfully expedite the permitting process while still providing sufficient
opportunity for community engagement and input?
Businesses desiring to serve alcohol and/or provide entertainment must obtain additional licenses and permits from the
state, county and city. The process and requirements can be confusing to those interested in starting hospitality
businesses. In addition, operating conditions associated with the various licenses and permits vary from business to
business, adding to the confusion for business owners and city staff. Defining a vision and developing a collaborative
partnership to update policy and permitting practices, and to identify strategies that encourage civil behavior by patrons,
are among the action areas recommended through the Roundtable discussions.
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Action Plan for Stakeholder Eauity
1. Defining the Vision:The current vision discussed during the Roundtables is that downtown is San Luis
Obispo's main center of both daytime and nighttime activity. However,there are conflicting interests and
perspectives on what this means, who has a right So enjoy downtown, during what time periods, and how to
achieve a proper balance of uses during day, evening and late-night that provides economic opportunity for
businesses, diverse social and shopping options for residents and visitors, and assures public safety and
quality of life for all.
a. Hospitality Resource Partnership: Establish a working consortium of representatives from key
stakeholder groups—hospitality, safety, development and community—to convene regularly to monitor
progress on action items, identify emerging trends, advise on policy and establish procedures for conflict
resolution and mediation.
b. Nighttime Economy/Sociability Liaison: Downtowns with nightlife districts often benefit from a person
present at night who can attend to the whole downtown picture: the safety of the crowds, lights,
transportation, sanitation, as well as impacts to residents downtown and in surrounding areas.There is
also the need for someone to facilitate communication, trust and fairness amongst stakeholders with
seemingly disparate interests, particularly residents, business and the city government. In other cities,
similar positions have been funded by the city or the downtown association..
Summit Discussion:A recommendation for next steps was as follows:
. Form a steering group comprised of stakeholders from various disciplines to oversee progress;
Identify a facilitator or director,perhaps from the downtown association or other existing group, to
coordinate the steering group.
. Steering Group should be inclusive of a broad base of stakeholder perspectives.
. Form committees to work on specific action items for review by the steering group.
. Avoid duplication of meetings and inefficient use of resources if existing organizations can be
chartered to undertake tasks or provide feedback. This will limit new group formation to specific
tactical development not addressed by any existing groups or organizations.
2. Enhance Public Policy: Examine current licensing and permitting systems, including conditional use permits,
entertainment permits, and other regulatory mechanisms. Evaluate if the intent matches the reality, and if not,
develop consensus on effective public policy that matches need and reduces risk.
a. Consistency: Inconsistencies and disparities in licensing indicate the need for an overhaul of the system
to"create a level playing field"that will allow businesses and staff to be fully informed of responsibilities
and enforcement officers to ensure requirements are applied fairly.
b. Process for Opening a New Business: Convene agencies to document what city, county, and state
permits are necessary to open a hospitality business, as well as a recommended order for acquiring
permits. Organize, consolidate and centralize this information for a new business to utilize as a "one-stop
shop"for business opening.
Resource:ABC provides this information to business applicants in the escrow stage. Need was identified
for this information to be provided earlier in the planning stages.
c. Split-use Permit: Rather than defining a "business type" (e.g. restaurant, bar, club), consider the time
and location in which the business operates, and potential risk factors based upon use.Whether or not a
business provides food, alcoholic beverages, entertainment or dancing is less relevant than the time in
which the activity occurs. Consider adopting a process to establish permits related to operating hours(i.e.
day, evening, after 10 pm),with business plan, security plan and alcohol management plan (if a licensed
venue)as part of the permitting process.
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d. Mixed Use Planning: Continued development of multi-level housing in or near downtown requires
consideration of standards of construction for both residential units (including hotels)and retail social
venues, management of parking, deliveries, trash and sound.
Volunteers:Hamish Marshall
Summit Discussion:A recommendation for next steps was as follows:
. A database on use permits exists, but is not in a user friendly format for identification of areas of
inconsistency. The next step would be to create a matrix of all use permits to identify inconsistency
and establish a more uniform approach for all businesses.
. Conduct an overall review of the permit process to identify inconsistencies in bars and restaurants
and consider a "split-use"approach to permitting based upon hours of operation and potential
impacts.
. Create a user friendly process guide of the recommended sequence of departments to contact in
opening a business, and thus avoid owner investment when the likelihood of permit approval might
be low.
. Establish better coordination among ABC and City departments(Community Development and
Police)regarding the issuance of alcohol and use permits.
. With more residential units, including hotels, being developed in the downtown, it is timely to
examine noise standards, construction codes, and proximity of residents with nightlife activity.
e. Property Based Improvement District: It was suggested that a Property-based Improvement District be
established with an overlay for downtown. Every property owner would contribute funds in support of
transportation, public facilities, and security.The incentive for property owners is that they'll receive a
better return on investment because properties will be better maintained, desirability of living or operating
a business can increase property value, and businesses will have expanded opportunities for untapped
markets and different times of day.
3. Re-establish the Restaurant and Bar Association: In the past, nightlife businesses met on a quarterly basis
to discuss industry challenges and share ideas for improvement.The police department and other agencies
were invited to attend meetings for the purpose of co-education and a mutual airing of concerns; it was
therefore considered to be a valuable resource. Interest was expressed in reestablishing the group meetings
and inviting other perspectives to join..
a. Staffing:A discussion at the Roundtables presented an opportunity to share costs for hiring a person to
coordinate meetings and represent the association at community and city meetings.
b. Best Practices: Review other city nightlife associations' process to develop recommendations for policies
and practices as part of association membership.
c. Use the ASIPS/GIS recommendations as a starting point for discussion:
. Responsible beverage service(RBS)policies and practices—e.g. training standards and training
requirements
. Complaint response—Community relations program
e Environmental design for preventive surveillance and crime prevention—e.g. CPTED
. Limits on alcoholic beverage product location and displays—e.g. location of alcoholic beverages
. Limits on promotions and giveaway of alcoholic beverage items—e.g. limits on happy-hour
promotions,
. Limits on signage and advertising-limits on signage and window coverage
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. Requirements for premises security and prevention of loitering—e.g. surveillance cameras,
lighting, security staff
. Noise and lighting limits—e.g. sound audible outside the building and lighting that annoys
neighbors
. Requirements for trash containment, clean-up, and graffiti removal
. Limits on activities at restaurants not related to dining—e.g. limits on TV screens, pool tables,
video games
Enhance Patron Responsibility
In the downtown, the impacts of large numbers of often-intoxicated patrons leaving the late-night hospitality businesses
at a common closing time,when combined with narrow sidewalks, poor lighting,few alternative transportation options
and limited security, combine to create an atmosphere that is perceived to be unruly. Noise, public urination,vomit,
public drunkenness, disorderly conduct and vandalism are among the impacts created by house parties and by nightlife
venue patrons returning to neighborhoods from downtown after closing time.
Prevention and education are important components of any plan to address these problems. Effective prevention
programs provide tools for individuals to be responsible for themselves and help create environments that facilitate and
support patron responsibility.
Action Plan to EnhancetoPatron Responsibility
The combination of several factors—use of public space, transportation and patron behavior and civility—are central to
a comprehensive strategy to achieve the simultaneous value of the nighttime economy and reduction in impacts to
public safety and quality of life. Developing strategies to encourage patron responsibility is a key component to better
plan future development and updates to policies and regulations.
1. Social Marketing Messages for Civility: Current Cal Poly University judicial policy only addresses on-campus
related issues committed by students.There is currently no legal system for implementing penalties or
punishments for activities committed off-campus.
One significant, consensus-driven recommendation was greater collaboration among higher education,
residential organizations and businesses. Representatives of Cal Poly University's on-campus housing
department and Greek life will develop an outreach plan to educate students about over-consumption of
alcohol and how to be a good neighbor when living in off-campus housing. Representatives of Cuesta College
and Residents for Quality Neighborhoods volunteered to join in the campaign, providing a forum for their
groups to address students, and in turn, students to meet with residential groups.
Volunteers: Tessa Stevens, Candice Sampson, Scott Lacava, Joe Arteaga, Karen Adler, Carolyn Smith
Note:Jenn Pantaleo, Prevention Coordinator, San Luis Obispo County Drug&Alcohol Services, would also be
an excellent resource for this action.
Note: Some nightlife venue owners/managers(e.g. Bill Hales) volunteered to attend student orientation
meetings to encourage young adults to behave when going out.
Summit Discussion:A recommendation for next steps was as follows:
. Already Underway.- Cal Poly University's housing department has invited community property
owners and landlords providing off-campus housing to formulate awareness messaging for
students moving into community residential housing.
It was also suggested that hospitality businesses be included to reinforce responsibility messages
on alcohol consumption and age identification.
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2. Establish a Mobility Management Plan for the Nighttime Economy: Convene a working group to support
introduction of the SLO Safe Ride Program,facilitate improved taxi service, and explore options for bus service
to neighborhoods where many nightlife patrons live.
a. Lessons Learned:A safe ride service was provided for Cal Poly students in the past. However,the
program was forced to shut down due to liability risk and harassment of drivers, as well as expulsion of
bodily fluids on the shuttle vehicles. Further, the program was primarily utilized by 18-21 year olds going
to house parties; the original intention was to transport 21+students to/from downtown bars.
b. Collaborative Approach:A new SLO Safe Ride program is in development,yet challenges have been
encountered regarding regulatory standards of the program as a"bus service," even though this
alternative ride program would fill a gap in service hours not currently met by the public bus service. Due
to previous challenges with driver safety, it was suggested that any new alternative ride program have a
security guard on-board to maintain civility. Hospitality businesses suggested methods to raise awareness
of the service's availability through vouchers and other internal promotions.
Drivers reported difficulty in finding individuals' houses when door to door service was offered. It was thus
suggested that students be dropped off in several central locations since their housing is concentrated in
three primary areas. However, significant concern was expressed about the impacts to neighbors from
patrons walking home from drop off locations. Strategies would need to be developed to mitigate these
concerns.
Volunteers: Trevor Freeman, Representatives of the Parking Department and Public Works Department.
Summit Discussion:A recommendation for next steps was as follows:
. Identify central locations for pick-up and drop off downtown as well as signage in these locations.
. Factors to be determined:How many vehicles will be necessary,payment(subsidized or payment
or both), security for drivers and riders, and consequences for abuse of shuttle services.
. Monitor how the services are used to assure they meet the needs of downtown nightlife patrons
and remove impacts on residents'quality of life.
. Establish a working group of public and private transportation providers, regulators and users to
determine how to best streamline services.
3. Enhance Public Space Uses: Crime prevention through environmental design is an important tool in creating
safety and order in the nighttime economy. A number of specific recommendations were discussed. It is
recognized that some of these recommendations may involve longer-term planning processes, as well as the
allocation of financial resources that may not currently be available.
a. Provide and Promote Public Restroom Facilities: Public urination downtown and in surrounding
residential neighborhoods was consistently identified as a significant concern.Although provided in the
past, public facilities such as the former Marsh Street bathrooms have been forced to close due to
damage,vandalism and fear for safety expressed by bathroom attendants. It was discussed that portable
bathrooms on a mobile trailer are provided for the weekly Farmer's Market and something similar could be
incorporated into the late-night closing period. It was recommended that research be done on how to
provide public facilities that deter vandalism and illicit activities.
Volunteers: George Garcia.
b. Sidewalk Infrastructure:There are areas where sidewalk width is limited and create "choke points"for
heavy pedestrian traffic at bar closing time. Interest was expressed by participants of various perspectives
in expanding the current infrastructure of the sidewalk to allow for activities such as sidewalk dining and
outdoor cafes. Cost is currently perceived as a barrier for businesses to add sidewalk dining.
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Note: Tom Martin volunteered to support a pilot program to test out how to create street vibrancy
mirroring the Farmer's Market approach of blocking off streets and integrating public facilities.
c. Parking: Issues around parking were also discussed, According to recent data, only 50%of current
parking garages are utilized. It was then questioned as to why another parking garage is being developed.
Concerns were also addressed regarding parking availability for incoming residential units under
development in the downtown core. Some participants suggested that on-street parking on Higuera Street
be removed so that sidewalks could be renovated and widened. However, removal of street parking would
likely negatively impact Farmer's Market by affecting the placement of booths and the parking of vendors'
vehicles.
One recommendation was to explore the Livermore "Flex zone" concept where businesses lease parking
spaces in front of their venue to add outdoor seating for dining.This could provide an opportunity to
informally assess positive and negative impacts from expanded sidewalks with limited on-street parking.
d. Lighting:A prevalent concern addressed was the limited amount of lighting at night, which has
contributed to safety concerns in walking from clusters of vitality and activity to other clusters, as well as
from businesses to parking lots. Further,the low lighting downtown has been attributed to concealing illicit
and public nuisance activities. Note:A tree lighting program is currently being assessed through the
Downtown Association.
e. Mobile Food Vendors:A trend throughout North America,the presence of mobile food vendors
downtown is an emerging issue. Brick and mortar restaurants consider vendors parked in front of their
establishments as unfair competition, yet the city currently does not have legislation to restrict or regulate
vendor activities. Effectively managed, street vendors, as well as entertainers, can enhance district vitality
while reducing crime and disorder.These activities can bridge the time period between 6:00 pm and
10:00 pm,when bars start to get busy and entertainment begins.
A working task force to explore this issue was suggested through the Roundtable discussions.
Note: Pursuant to direction from the City Council, the City Attorney is currently developing a draft
ordinance to permit and regulate mobile food vendors in the city.
Summit Discussion:Recommendations were prioritized as follows:
. Lighting was identified as the first priority since all the other enhancing patron responsibility
recommendations will be enhanced by improvements in lighting.
. Use GiS mapping(data collection)to identify greatest need for lighting based upon areas where
the most people congregate, areas with most calls for police service or complaints from residents,
graffiti, vandalism or locations for expedited transportation systems.
. A program is in progress for sidewalk beautification(which will include lighting improvements), so
using these recommendations could enhance the scope of this project, and facilitate more
efficiency in allocation of resources:
. Public restroom facilities were identified as the second highest priority.
e Mobile food vendors was identified as an emerging issue and it will be important to develop
regulations for their operation in order to avoid conflicts with existing restaurants, and reduce
impacts on parking,pedestrian safety and traffic. Establish guidelines for hours and location of
operation.
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4. Venue Safety: Due to recent alcohol-involved events and DUI fatalities, enhancing the social environment to
reduce pressure to over-consume alcoholic beverages, and avoiding serving patrons who are intoxicated,
requires licensed venues to make a critical examination of policies, practices, promotions and staff training.
While individuals are responsible for their own decisions and behavior,the license to serve alcoholic beverages
exists to assure individuals who are impaired and inhibited from making responsible decisions are guided to
safer choices.
a. Server Training: Maintain on-going staff training and staff meetings.
b. Promotions: Evaluate promotions and service practices to assure they are supporting a social
environment rather than a drinking environment and that they not encourage irresponsible patron
decisions.
c. Feedback: Maintain an open dialogue with police, residents, business neighbors and others to determine
if there are any incidents associated with their venue that require attention or correction.
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BACKGROUND AND BASIS FOR ACTION PLAN
Substantial information and insights were gathered from the Stakeholder Orientation and four Roundtables. This section
is a summary of key points discussed.
Meeting Sociability Needs of All Residents and Visitors
Providing a broader range of day, evening and late-night social activity that appeal to diverse age groups can have a
calming effect on the downtown environment, and reduce risky business practices among venues competing for the
same audience.
Among the gaps in social options identified are:
. Places to socialize for youth who are under 21 and for adults who are 30+years of age.
. Establishments that offer entertainment that isn't in a bar setting or focused on alcohol consumption.
. Late-night shopping and dining opportunities.
e Cultural and family-oriented activities and events at night.
e Pre-and post-theater markets for dining or dessert.
Through Roundtable discussions, it was established that there is a lack of awareness about the venues that currently fill
some of the aforementioned gaps in social options identified, particularly regarding establishments available for under
21's to socialize.
In addition,festivals and events such as the monthly Art after Dark event brings a broader range of patronage downtown
and serves as an incentive for retail stores to stay open later in the evening.This demonstrates the potential if the
concept and model is expanded.
Trends in Residential Composition and Transportation
Some residential neighborhoods have shifted from primarily owner-occupied to mostly rental units that house young
adults and college students. Some rental properties house more people than the maximum occupancy allows. There is a
perception that accountability over one's property and the quality of the neighborhood has declined since this transition.
Mixed-use residential housing and hotel properties in the downtown core are currently under development. While the
majority of current impacts on residents occur in housing areas located away from downtown, the planned growth of
residential units in close proximity to existing nightlife activity may lead to an increase in quality of life impacts in the
downtown core.
Personal automobile and travel on foot are by far the most preferred methods of transportation.This generates concerns
about driving under the influence, as well as nuisance impacts to residents from young adults returning to residential
neighborhoods on foot from downtown.Although daytime bus service is efficient and frequent with clearly marked bus
stops, this service ends at 10:00pm. Late-night taxi service was also identified in the Roundtables as limited.
Public Safety Status
The ASIPS/GIS study demonstrates a link between alcohol outlets and disorderly conduct, public intoxication, impaired
driving, physical and sexual assaults and other public safety challenges associated with nighttime activity and alcohol
consumption. However,violence involving firearms or gang activity is less frequent in San Luis Obispo.
According to local hospital data, in San Luis Obispo County, Saturday and Sunday are generally the busiest days for
trauma,with the exception of the city of San Luis Obispo, where the busiest days for trauma-related injuries are
Thursdays and Fridays,which correlate to bar patronage trends.
A recurring theme in the Roundtables was inconsistency and discrepancies between establishments' conditions for
safety, entertainment, hours of operation, etc. as a significant challenge for enforcement officers to identify when a
business is in violation of their license or conditional use permit. For example,some businesses are required to have a
security plan and plan for queuing areas,yet others do not..
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Some venues licensed as restaurants stay open late and ultimately shift to operating as a bar or entertainment venue to
meet the nighttime market demand.While some restaurants have entertainment permits to operate as a nightclub with
live or DJ music, other licensed restaurants transition into a nightlife venue setting without a permit(a nightclub permit
is not required for ambient or non-amplified music).
The association of police activity with off-premise and on-premise licensed beverage businesses correlates to about ten
percent of businesses that account for a majority of documented incidents. Incidents involving impacts on quality of life,
including noise, vandalism, public urination and other disturbances often occur at closing time as patrons leave nightlife
venues and travel through neighborhoods. While there may be a link with intoxication of patrons,their behavior, and the
service practices of venues, other factors may be contributing factors as well.
Progress and Success Stories
As continued evidence of the city's commitment to public safety in the downtown, one sergeant(supervisor) and three
officers are solely assigned to patrol the downtown on bicycle and foot, particularly on Thursday-Saturday nights. One
officer primarily addresses daytime transient issues, while two officers and the sergeant are consistently on bike and
foot patrol at night.This establishes a consistent, one-on-one relationship with the business owners and managers.
The noise ordinance in the city's municipal code was updated in April 2010 with stricter enforcement procedures of
continued violations. After a violator receives their first warning for a noise violation, their residence is placed on the "no
warning list" by the police department. Any subsequent violations within the next 9 months results in a citation to both
the tenant andthe property owner.This has reduced noise complaints by approximately 24% in one year.
Another important resource is the Student Neighborhood Assistance Program (SNAP), comprised of college students
working with the police department on weekend nights.They respond to noise complaints for first-time noise violations
and perform low-level code enforcement and parking enforcement.
Hosaitality Business.Practices
Nighttime operations have unique safety risks when alcoholic beverages are served.The prevalence of pre-loading or
"pre-drinking" (where people drink from their own bottles of alcoholic beverages in public places or in private residences
prior to arriving downtown) increases safety risks and presents a challenge to venue staff's ability to accurately gauge
alcohol intake and the level of intoxication of patrons who enter establishments.
Compounding the disparity between responsible and irresponsible operations is the limited staff for enforcement by the
California Department of Alcoholic Beverage Control, creating a perception of minimal penalties for at-risk business
practices.
The recent requirement for door security staff training and licensing,which took effect in January 2011, may serve as a
mechanism to establish better safety procedures. However, there was limited awareness of this requirement and a plan
is not yet in place for implementation and compliance on the part of businesses and enforcement officers. Other cities
are experiencing increased enforcement and penalties for this regulation.
Patron Responsibility
Although many of the incidents occurring at night involve young adults, not all perpetrators are from this specific
demographic,nor are they necessarily students from Cal Poly University and Cuesta College.
Social marketing can influence young adults' behavior when delivered through an effective messaging mechanism. It
was determined that educational social marketing campaigns would be most effective in reaching those involved from
the college systems if the messages are received during two key periods: (1)prior to college students' arrival on
campus(i.e. while still in high school) and (2) before college students move off campus.
The content of such campaigns can be education of young adults about the risks of binge drinking, how to be a good
neighbor when living off-campus and the impacts of disorderly conduct(e.g. public urination, noise, etc.)on residents.
The objective is to communicate standards of behavior and conduct in the community. Due to the cyclical nature of
college student enrollment, a campaign would be most effective when repeated throughout each year.
Responsible.Hospitality Institute 13 San Luis Obispo Final Report
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APPENDIX 1 :ADDITIONAL RESOURCES
The following information includes resources within San Luis Obispo, models to consider from other cities, as well as
additional suggestions generated during the Orientation and Roundtables that may be considered for future planning
and strategy development.
Collect Data to Support Policy, Compliance, Education and Marketing
Sources of Data
. Hospital records of peak times and days for admittance of intoxicated individuals.Representatives of Sierra
Vista Medical Center expressed interest in sharing information with the Police and Fire Departments in an
intervention approach.
. Volunteer/Liaison: Sue Hutchinson Fortier
. California Highway Patrol(CHP): Compile place of last drink data to assess how many DUI's were committed
by different age groups,time of day, and location.
. Volunteer/Liaison: Bill Vail
e Downtown Police Arrests:When an individual is arrested for an alcohol related crime, capturing data regarding
the establishments/places where the person was drinking and served can be an important source of data for
follow-up evaluation and assistance to businesses.
. Caveat:While place of last drink data can be problematic due to the culture of"bar hopping"and"pre-loading,"
use of the data for enforcement is unadvisable as it would likely be contested. It was noted that if an individual is
standing in front of a bar when arrested for public intoxication, that location will be recorded in the log. However,
the bar itself may not have had any connection to the individual. This distinction will need clarification when
trying to pinpoint at-risk establishments.
e TRACE Program—Identifies where and how minors obtained alcohol when they are involved in an incident that
results in serious injury or death.
. GIS Mapping Team:A GIS map is currently being developed to identify all bars downtown.This could be
expanded to include all alcohol-serving establishments to evaluate the overall impacts of alcohol downtown.
Further, occupancies could be assessed as well.This map could potentially be used for decision-making
regarding improvements in taxi service and where the most appropriate locations would be for street
infrastructure improvements..
Volunteer/Liaison: Tim Girvin, Chief Building Official
Other Sources of Data to Engage:
. Fire Department
. Health Department: Often an early indicator of an at-risk business.
. Sexual Assault Support Services.Sexual assaults may not be reported to the police or to hospitals, but
individuals may seek support through victim support organizations, which may have data on the correlation
between sexual assaults and downtown bar activity.
Other City Approaches
. Washington State:On a state level, when a BAC test is conducted, a code is entered for the venue an individual
cites as their place of last drink.This information is entered into a central database for the state, which facilitates
easier analysis of at-risk businesses.
. San Diego's Approach to Last Drink Data:Some communities, such as San Diego, use last drink data to
identify potentially at-risk businesses associated with heavier alcohol consumption or possible over-service of
alcohol.A monthly list of the ten businesses named most frequently is compiled, which prompts the Executive
Director of the Food and Beverage Association of San Diego to meet with business owners. Businesses have
used the data to identify particular servers or staff associated with over-service.
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Ideas and Strategies to Consider for Future Planning
. Specify Desired Options: It was requested that community members specify precisely what types of venues
and entertainment activities they are seeking. A marketing survey could be updated to include this question.
. California State Retail Trend: In the state of California, 75%of retail sales occur after 6:00pm. Publicize this
statistic.
. Burlington,Vermont's Incentive for Retailers: Review how Burlington,VT provides a financial incentive for
daytime retailers to stay open in the evening.
Build a Framework for Equity among Stakeholders
Ideas and Strategies to Consider for Future Planning
. Public Recognition: Establish a formal system to publicly recognize businesses that remain in compliance.
. Best Bar None Program: Consider adapting a program similar to this UK-based program.
. NYC Nightlife Association:This organization recognizes the interdependency of the nighttime economy.
Membership is not limited to bars, but includes all late night businesses that work together to improve operations
and image of their economic sector. Review 4/28/2009 RHI webinar on Nightlife Associations at
www.SociableCity.org
. Boulder's Responsible Hospitality Group:An alliance of hospitality business operators voice their issues,
barriers to success and collaborate on self-policing commitments. Find Case Study on RHI's
www.SociableCity.org
e Monterey's Nuisance Ordinance: Consider adapting Monterey, CA's nuisance ordinance, the city's principal
legislative tool to address at-risk businesses. Implemented in partnership by the Planning Department and Police
Department, the ordinance engages businesses in on-going communication prior to strict intervention and
enforcement.
. Chicago's Model for Safety/Hospitality Meetings: In Chicago, IL, monthly meetings take place among
licensed beverage businesses, law enforcement, regulatory agencies and residents.The purpose is to review
recent incidents, provide a forum for speakers about legal and business issues and build better relationships
among all stakeholders.
. Chicago's Walkthroughs:Chicago conducts walkthroughs as a group to give feedback and suggestions for
improvement prior to enforcement.
. London's Piccadilly Circus Model: Police officers match at-risk business owners with responsible business
owners that have establishments of approximately the same size and entertainment offerings for peer-to-peer
mentoring.
. Street Closure: Closing Garden Street to car traffic was identified as a potential strategy to facilitate safe
pedestrian travel in the evening.
. CPTED Principles: Consider how to incorporate Crime Prevention Through Environmental Design principles into
construction standards and business design standards.
Enhance Patron Responsibility
Social Marketing:Existing Resources and Models from other.Communities
. Cal Poly Orientation Video: Cal Poly's Week of Welcome(WOW) Orientation Program produced a highly
regarded video about underage drinking and behavioral standards for students.This video has been shown by
the Drug Alcohol Services department on campus, which is establishing a liaison between Cal Poly University
and graduating high school seniors. It will also be available on YouTube in the future.
. San Luis Obispo County Drug&Alcohol Services:The Friday Night Live Program currently educates youth
from middle school to college about the culture of drinking. Currently, programming is being coordinated with
Cal Poly University and Cuesta College to create messaging to young adults as they transition to college.
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e Edmonton,AB's"Be a Lover, Not a Fighter" Campaign:This social marketing campaign targeted young
adult males with messaging that discouraged violence and aggression in nightlife.The campaign was created
using input from patrons and university students. Integrating public service messaging, posters, and social
media shifted the focus of male behavior.
e Edmonton,AB's "Tum it Down"Campaign:This campaign aimed to address public disruption and noise
impacts and was developed in partnership with the University of Alberta and residential representatives from the
mixed-use district..On the first day that freshman college students arrived to their dorm room, a package
awaited them with disposable earplugs and a message that said, "Here's a gift from Whyte Avenue residents to
help you sleep at night. When you're out at Whyte Avenue, please consider our need to sleep too."
e Burlington,Vermont's University produced a video to prepare student residents who are moving off campus
into the community to educate them about how to be a good community member and responsible neighbor.
. Boulder,Colorado's"Party Pak"Orientation: During the first weeks of school,teams of police, fire,judges
and university representatives hand out packets to educate incoming students about community standards
regarding house parties, outdoor furniture etc.To break down barriers and open communication, Police serve
students slices of pizza donated by local restaurants.
e Morgantown,WV's Student Misconduct Code for Off-Campus Violations:West Virginia University's official
stance is that the campus and its students are a part of the broader Morgantown community. As a result, WVU's
student misconduct code holds students accountable for their actions off-campus.Working in partnership with
the police and fire departments, citations for off-campus offenses are reported directly to university staff, who
take appropriate judicial action. University policy requires expulsion of students caught making fraudulent IDs.
The university also makes proactive efforts to educate new students and parents about behavioral expectations
during orientation.
Mobility Management: Existing Resources and Models from other Communities:
e City of Santa Barbara Bus System for State Street provides nighttime service.
6 Boulder, CO's Shuttle System:The Night Hop is a not-for-profit community shuttle that transports passengers
on a fixed-route loop that connects University Hill and its neighborhood, local shopping, and the downtown area.
The shuttle runs every 20 minutes until 3:00 a.m. on Thursday-Saturday nights, addressing the high flow of
young people between their homes and downtown on weekends in this college town. On the Night Hop's last
run, it offers door-to-door service to ensure that the last travelers of the evening reach home safely.
Enhancing Public Space: Ideas and Strategies to Consider for Future Planning
e Street Vendors:See RHI's Sociable City Network webpage dedicated to Street Vendor resources, policy examples,
research overviews and an archived webinar discussion on street vendors.
e Livermore,CA Flex Zones:An innovative approach to vibrancy, Livermore's flex zones utilize portable fence
barriers and planters as bollards to block off street parking for designated outdoor seating areas in front of dining
establishments.They generate high visibility for street vitality, which was attributed to a 300% increase in revenue
at one establishment since starting to use flex zone dining three years ago.
General Ideas and Strategies to Consider for Future Planning
. Community Service: It was suggested that individuals caught committing a public nuisance act(e.g. public
urination, vomiting, vandalism, etc.) be charged with community service hours to clean up Downtown per
request of a clean-up hotline that could be established to report need for clean-up.
e Public Facilities: Research public facilities that are designed to deter vandalism. Communities to model:Victoria,
Canada; Santa Barbara, CA.
e Farmer's Market Debrief as Model:Adapt the bi-weekly debrief model used for Farmer's Markets to nightlife
stakeholders(nightlife venues, police, neighborhoods)to talk about challenges and publicly recognize what
worked well.
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APPENDIX 2: PARTICIPANTS
KEY: CONTACTS IN BLUE=STEERING GROUP MEMBERS;ASTERISK*INDICATES SUMMIT ATTENDEES
r• *Trevor Freeman,Co-owner
SLO SafeRide
Karen Adler,Chairperson for Alta Vista
Neighborhood Association George Garcia,Architect *Brian Amoroso,Patrol Sergeant
Residents for Quality Neighborhoods Garcia Architecture&Design San Luis Obispo Police Department
Joe Arteaga,Chief of Police *Robert Horch,Parking Services *Greg Cruce,Code Enforcement Officer
Cuesta College Manager City of San.Luis Obispo
*David Brodie City of San Luis Obispo
Save Our Downtown *Hamish Marshall,President Tim Girvan,Chief Building Official
Westpac Developments City of San Luis Obispo
Therese Cron,Manager *Sue Hutchinson Fortier,Trauma
Copeland Properties Tom Martin,General Manager Program Manager
*Jean DeCosta, Dean of Students San Luis Obispo Garbage Sierra Vista Regional Medical Center
California Polytechnic State University *Andrea Miller,President *Eric Morgan,Owner
Scott Lacava,Student San Luis Obispo Downtown Association Centurion Private Security
California Polytechnic State University Mark Shaffer,Executive Director *Robert Olshaskie,Supervisor
*Pierre Rademaker,Owner RIDE-ON TMA of San Luis Obispo County California Department of Alcohol
Pierre Rademaker Design Tom Swem,Real Estate Broker Beverage Control
*Sandra Rowley, Board Member Real Property Investments *Jenn Pantaleo,Prevention Coordinator
Residents for Quality Neighborhoods *Jay Walter,Public Works Director San Luis Obispo County Drug&Alcohol
Candice Sampson,VP Judicial- City of San Luis Obispo Services
Panhellenic Ron Yukelson,Associate Administrator Joe Piedalue,Operations Manager
California Polytechnic State University Sierra Vista Regional Medical Center San Luis Ambulance
*Carolyn Smith, Board Member- ft t, ,7 r Julie Senter,Paramedic
Secretary San Luis Ambulance
Residents for Quality Neighborhoods Ben Arrona,Bartender *Chris Staley, Police Captain
*Tessa Stevens,Outreach&Programs Black Sheep Bar and Grill San Luis Obispo Police Department
Coordinator Paul Brown,Former Owner *Keith Storton,Lieutenant
California Polytechnic State University Mother's Tavern San Luis Obispo Police Department
*Brent Vanderhoof,Downtown *Bob Cochran,Branch Manager *Bill Vail,Commander
Resident Pacific Beverage Company
San Luis Obispo California Highway Patrol
*Robin Covey,Owner
Kathi Main,Owner Novo Restaurant and Lounge,Luna Red 117 -01 MffTlllril��
Main Jewelers Restaurant
Dianna Ritchie,Owner
p e . *Bill Hales,Restaurant/Bar owner Central Coast Wines
Deborah Cash, Executive Director
ASH Management Andrea Visveshwara,Assistant City San Luis Obispo Downtown Association Paul Kwong,Owner AttorneyMee Heng Low City of San Luis Obispo City Attorney
*Claire Clark,Economic Development *Ron Meier,Owner/Operator
Manager ASH Management
City of San Luis Obispo
*Lindsey Miller,Marketing Director Deborah Linden,Chief of Police
Doug Davidson,Deputy Director
Community Development Department San Luis Obispo Chamber of Commerce San Luis Obispo Police Department
City of San Luis Obispo Charles Myers, Owner
Carl Dudley,Sr.Vice President Big Sky Restaurant
Mission Community Bank John Spears,General Manager
Garden Street Inn
Responsible Hospitality Institute 17 San Luis Obispo Final Report
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�. counc,l memoRAnOum
,city of san Luis gills , aammistnat on aEpaRtment _
DATE: November 15, 2011
TO: Mayor and City Council RED FILE
— MEETING AGENDA
VIA: Katie L.ichtig, City Manager DATE l ITEM #-B-3-
FROM:
B3FROM: Deborah Linden, Chief of Police
SUBJECT: Red File: 11-15-11 Council Meeting Item B3
The Council has received correspondence from representatives of Residents for Quality
Neighborhoods expressing concern with the portion of the agenda report for item 133 (Update on
Alcohol Outlet Public Safety Strategies) related to the Neighborhood Wellness Goal (page B3-
10). The last sentence of this section states:
"Unless directed otherwise by the Council, staff will consider the increased enforcement
capacity provided by the new Neighborhood Service Specialist positions in our
development and implementation of enforcement procedures as well as the assessment of
the potential impacts of the new regulations on staff workloads."
Concern has been expressed that staff is suggesting utilizing the new Neighborhood Services
Specialists to enforce violations of use permit conditions or deemed approved ordinance
violations related to alcohol outlets. This is not what staff is suggesting. It is anticipated that the
increased enforcement capacity provided by the new Neighborhood Services Specialists may
result in a reduction in workload for the existing Code Enforcement Officers, which could
potentially provide them capacity to enforce the new regulations related to alcohol outlets in
addition to their existing duties. Staff will evaluate the anticipated workload impacts of the new
outlet regulations while ensuring the focus of the Neighborhood Wellness Goal on increased
code enforcement in the City neighborhoods is implemented as designed. Should staff determine
additional resources are necessary to enforce the new alcohol outlet regulations, staff will return .
to Council for direction.
hard copy., emafl:
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RED FILE
MEETING AGENDA
On Nov 14, 2011 8:40 PM, "Carolyn" <ke6hnWa,att.net>wrote: DATEii /S / ITEM #L8_
Hi Jan,
After reviewing Chief Linden's Report to Council regarding alcohol outlets, it occurred to me
that it might be helpful to find out just how many alcohol outlets have licenses here in the City.
So, I went on the ABC website and compiled a list of all licenses in the city limits, which I have
attached to this e-mail. I compiled the list by license designation groups. By my count, there are
188 current alcohol licenses in SLO. As you can see from the designation listing, some
establishments, who are licensed to sell alcohol as restaurants, are also operating as bars. For
example, you will find Spikes and Laguna BBQ & Brew listed as a#41 license, "on sale beer
and wine for bonafide public eating place," however, they operate and are known as bars AND
The Graduate, McLintocks Saloon, The Kilt, and numerous others are listed as #47, "on sale
restaurant," who also operate and are known to be bars. AMAZINGLY, there are only 6
businesses actually designated as a#48 "bar--on sale general."
CONDITIONAL USE PERMIT: This ABC information revealed to me that our permit process
is in dire need of improvement. As recommended in the Alcohol Outlet Study, a Conditional Use
Permit(CUP) ordinance and program needs to be put in place and enforced. The continued
limited regulatory process that currently exists will only create more "morphing" which will
perpetuate and worsen the problems we have been experiencing from the free flow availability of
alcohol. A simple perusal of the ABC list reflects that you can purchase alcohol within a short
walking distance from nearly anywhere you live in the City. It's no wonder we have so many
alcohol related problems.
DEEMED APPROVED ORDINANCE: I'm not a big fan of this ordinance since I believe all
outlets should operate under the same rules. However, if it is illegal to force the existing outlets
to operate under the CUP ordinance requirements (perhaps when their ABC licenses come up for
renewal), then this DAO might be of some help. However, it should be implemented as
recommended in the Alcohol Outlet Study. In order for it to be effective on the current
problematic outlets, there will need to be strict oversight and enforcement of violations.
Allowing current outlets to continue to operate loosely (ie., over pouring, lax in ID checking,
numerous required police responses, etc.), will make this ordinance worthless.
NEIGHBORHOOD WELLNESS LINK: Staff's report does not recommend an alcohol outlet
fee at this point, however, it attempts to co-opt the Neighborhood Services Specialists from the
Community Development Department to manage and enforce any downtown permit regulation
process that is developed. As I'm hoping you will recall,these positions were created to enforce
NEO violations and some of parking problems in neighborhoods. The residents were promised
this assistance under Measure Y, and the current Council approved funds in the 2011-13 budget
as a Major City Goal in fulfillment of that promise. Since our neighborhoods have been
neglected for so many years, the two Neighborhood Services Specialists will be kept extremely
busy for many years to come with the backlog of problems that exist in our neighborhoods. They
were never intended to be utilized for downtown bar policing in any way, shape, or form. In fact,
this recommendation is surprising to me since the Chief so vehemently opposed the hiring of any
enforcement personnel, other than police officers, for dealing with alcohol problems, even in the
neighborhoods. Therefore, linking alcohol business permit enforcement to the City's
Y
t
"Neighborhood Wellness"goal and attempting to manipulate the Council into using the new
Neighborhood Services Specialists for that purpose is, in my opinion, unconscionable.
ALCOHOL OUTLET FEE: I believe an alcohol outlet fee should be imposed on all alcohol
outlets, like other cities have done such as Oakland, Santa Cruz, and Ventura. If Proposition 26
truly does not allow for cities to utilize those funds for police enforcement, then the funds could
be utilized to hire additional personnel in the Community Development Department to regulate
the alcohol outlets and enforce any CUP and/or DAO ordinances created. This would provide
consistent management and enforcement since the primary duty of this position would be to
manage the alcohol outlet business permits throughout the City.
HOSPITALITY ZONE: I was involved in the RHI Assessment process as a neighborhood
stakeholder. While I think the process was helpful for the downtown restaurants and bars, and it
did allow community groups to connect who previously had not been connected, I did not feel
that it truly addressed the problems experienced by our neighborhoods as a result of alcohol
abuse. And I'm not so sure that much of what has been suggested will have any positive impact
in the neighborhoods at all. For example, while the SLO Safe Ride program might be helpful to
reduce drunk driving and downtown vandalism, it has the potential to resurrect the same
problems neighborhoods previously experienced with a ride home program. When inebriated
individuals are "dropped off' in groups at designated areas after 2:00 a.m., blocks from their
homes, they cause trouble--yelling, screaming, vomiting, urinating, vandalizing vehicles and
property, thefts, assaults, and other crimes. This certainly doesn't appear to me to be helpful to
many of our neighborhoods.
Certainly, regulations and fees can be helpful in reducing some of the problems our City has
been experiencing from alcohol abuse. But, I truly believe that unless we halt the flow of easily
available alcohol in our City to young adults and minors, we will be fighting a losing battle with
alcohol related problems and crimes continuing to increase.
Thank you for your attention to this vitally important issue.
Carolyn Smith- 544-3397
hard cam, ems!
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