10-20-2020 - AGENDA ITEM 14 PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO. 20-07 TO ALLOW AND REGULATE OFF-SALE (RETAIL SALES FOR OFF-SITE CONSUMPTION) OF BEER AND WINE AS AN ACCESSORY USE TO A SERVICE STATIONAGENDA ITEM NO. 14
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: October 20, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO.20-07 TO ALLOW AND
REGULATE OFF -SALE (RETAIL SALES FOR OFF -SITE CONSUMPTION) OF BEER AND
WINE AS AN ACCESSORY USE TO A SERVICE STATION
RECOMMENDATION:
It is recommended that the City Council approve Code Amendment No. 20-07 by:
1. Conducting a public hearing regarding Code Amendment No. 20-07; and
2. Introducing for first reading, by title only, further reading waived, the following ordinance:
ORDINANCE NO.2474 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA TO AMEND CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE
TO ALLOW ALCOHOL (BEER AND WINE) SALES AT SERVICE STATIONS
BACKGROUND:
The City Council initiated Code Amendment No. 20-07 on September 1, 2020.
Currently, the Municipal Code prohibits the sale of alcoholic beverages at service stations. The proposed code
amendment would amend the Municipal Code to allow the off -sale of alcohol at service stations subject to a
conditional use permit.
The Planning Commission held a public hearing to consider the draft Ordinance on September 22, 2020 and voted
5-0 to recommend City Council approval of Code Amendment No. 20-07 with a request to the City Manager to
direct the West Covina Police Department to provide the City Council with a statistical analysis of service calls for
police in neighboring cities where sales of beer and wine are allowed in service station convenience stores. The
Planning Commission discussed the contents of the draft Ordinance, including Councihnember
Castellano's preference to eliminate the 2,000 square -foot floor area convenience store size threshold in order to
allow a more open competition amongst service station owners, but ultimately voted to recommend approval of the
draft Ordinance without any changes. The Planning Commission staff report and minutes are included as
Attachment Nos. 3 and 4. During the Planning Commission meeting, three members of the public spoke in favor of
the code amendment and five members of the public spoke against the code amendment.
Staff presented the Planning Commission a list that identifies businesses within the City with Type 20/21 alcohol
licenses issued by the Department of Alcoholic Beverage Control (Attachment No. 5) and all gasoline stations with
convenience stores within the City (Attachment No. 6). A Type 20 business is allowed to sell "off -site" beer and
wine and a Type 21 business is allowed to sell "off -site" general alcohol, which includes all types. Currently, there
Resolution No. 20-6045
Page 3
EXHIBIT A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA TO AMEND CHAPTER 26 OF THE
WEST COVINA MUNICIPAL CODE TO ALLOW ALCOHOL
(BEER AND WINE) SALES AT SERVICE STATIONS
WHEREAS, the City's provisions regarding alcohol uses were last updated in 2017; and
WHEREAS, the City currently does not allow alcohol sales at service stations; and
WHEREAS, on the September 1, 2020, the City Council initiated a code amendment to
Chapter 26 (Zoning) of the West Covina Municipal Code related to the sale of alcoholic beverages
at service stations; and
WHEREAS, the Planning Commission, upon giving the required notice, did on September
22, 2020, conduct a duly advertised public hearing as prescribed by law to make recommendations
to the City Council to approve Code Amendment No. 20-07; and
WHEREAS, the City Council, upon giving the required notice, did on the _ day of
2020, conduct a duly advertised public hearing as prescribed by law on the proposed
ordinance; and
WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and
determines that the proposed ordinance is statutorily exempt from the California Environmental
Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that
CEQA only applies to projects that have the potential for causing a significant effect on the
environment; and
WHEREAS, the City Council has duly considered all information presented to it,
including written staff reports and any testimony provided at the public hearing, with all
testimony received being made a part of the public record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: Section 26-597 of the West Covina Municipal Code is hereby
amended to include the following use within the table, to be inserted consistent with alphabetical
ordering:
Resolution No. 20-6045
Paae 4
M
M
M
M
R
R
F
F
F
F
O
N
R
S
C
C
M
I
P
O
A
1
8
15
20
45
P
C
C
C
2
3
1
P
B
S
Alcohol off -sale,
service stations (see art
c
c
c
c
c
c
XII, div. 15)
SECTION NO. 2: Section 26-664 of the West Covina Municipal Code is
hereby amended to read as follows:
(a) A service station shall not be established or maintained without facilities to pump gasoline.
(b) Garage, mechanical repair service not specifically mentioned in Section 26-663, including
but not limited to the following items are prohibited:
(1) Battery repair.
(2) Tire rebuilding or recapping.
(3) Painting.
(4) Body work.
(5) Steam cleaning or radiator repair.
(6) Transmission rebuilding.
(7) Motor repairs involving the removal of the head or crank case.
(e) Sale of aleebelie beverages.
(d) (c) Subleasing of floor space or site area except for any use specifically authorized by
section 26-663, subparagraphs (a) through (i), (k) and (m).
SECTION NO. 3: Section 26-685.103 of the West Covina Municipal Code is
hereby amended to read as follows:
An administrative use permit is required in specified commercial and manufacturing zones for
any business that sells alcohol for off -site consumption., except for service stations that sell
alcohol which requires a conditional use permit pursuant to Section 26-685.103.3.
SECTION NO. 4: Section 26-685.103.3 is hereby added to Chapter 26 of the
West Covina Municipal Code to read as follows:
Sec 26-685 103 3 Service Stations Selling Beer and Wine for Off -Premises Consumption
(a) Conditional Use Permit Required Any service station located in specified commercial and
manufacturing zones may sell beer and wine for off -site consumption with a conditional
use permit. The sales of distilled spirits shall not be allowed.
Resolution No. 20-6045
Page 5
(1) The site shall comply with all current development standards for service stations as
set forth in the West Covina Municipal Code including, but not limited to, the
minimum number of parking spaces prior to the approval of a conditional use
permit to allow off -sale of alcohol.
(b) Unless otherwise noted the following requirements shall apply to all gasoline service
stations selling beer and wine:
(1) Beer and wine sales shall only be allowed in convenience stores greater than 2.000
square feet in floor area.
(2) A maximum of ten (10) percent of the retail floor area shall be allowed for the
display and sale of alcohol. Merchandize stacking shall not be included in the retail
floor area calculation when determining the maximum area for display and alcohol
sales.
(3) The sale of beer in quantities fewer than three containers is prohibited and no
alcoholic beverage shall be sold in unit quantities less than the distributor's
intended resale units.
(4) No beer and wine shall be displayed within five feet of the cash register or front
door.
(5) The advertisement of beer and wine shall not be permitted at motor fuel islands.
(6) Identification card reader is required to determine to the authenticity of the
identification that displays the age of the individual.
(7) No pay phone shall be permitted on the exterior of the premises.
(8) No beer and wine shall be sold from or displayed in an ice tub.
(9) No coin operated video games or video entertainment machines shall be permitted
on the premises.
(10) Signage shall be posted in the parking lot and on the exterior of the building
notifying persons that alcohol shall not be consumed on the premises.
(I1) Signs shall be prominently posted stating that California State Law prohibits the
sale of beer and wine to persons under the age of 21 years.
SECTION NO. 5: That the City Clerk shall certify to the passage of this
ordinance and shall cause the same to be published as required by law.
SECTION NO.6: This ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
Resolution No. 20-6045
Page 6
APPROVED AND ADOPTED on this _day of_2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. _ was duly adopted by the City Council of the
City of West Covina, California, at a regular meeting thereof held on the day of , 2020,
by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO.3
AGENDA
ITEM NO.3.
DATE: September 22, 2020
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CODE ANHMMENT NO. 20-07
GENERAL EXEMPTION
LOCATION: City Wide
REQUEST: The proposed code amendment consists of an amendment to Chapter 26 (Zoning) of the
West Covina Municipal Code to allow and regulate oil' -sale (retail sales for off -site consumption) of
beer and wine as an accessory use to a service station.
BACKGROUND
Code Amendment No. 20-07 was initiated by the City Council on September 1, 2020.
Currently, the Municipal Code prohibits the sale of alcohohc beverages at service stations. The proposed
code amendment would amend the Municipal Code to allow the off -sale of alcohol at service stations subject
to a conditional use permit. The Planning Comimssionhas considered this issue several times over the last
few years. In 2008, Code Amendment No. 08-02 was initiated by the City Council to consider amending the
code to allow alcohol sales at service stations. That consideration was subsequently abandoned. In 2010, the
Planning Comumssion initiated Code Amendment No. 10-03 to consider the concept. The Code Amendment
was later rescinded by the Commission. Most recently in 2018, Code Amendment No. 18-04 was initiated by
the Planning Commrission and was recommended for City Council approval. Code Amendment No. 18-04
was eventually presented to the City Council in October 2019 but was not adopted by the City Council.
Given thatit has been less than one year since the subjecthas been discussed, staffhas noticed Code
Amendment No. 20-07 as a public hearing and will present the same language that the Planning Commission
recommended for City Council approval in October 2019. Noticing for the proposed code amendment public
hearing was published in the San Gabriel Valley Tribune on September 10, 2020.
For reference staff, has included a list that identifies all gasoline stations with convenience stores within the
City (Attachment No. 2) and a list of businesses within the City with Type 20/21 alcohol licenses issued by
the Department of Alcoholic Beverage Control (Attachment No. 3) with this staff report. Currently, there are
21 gasoline stations with convenience stores within the City. There are a total of 45 stores within the City that
have active off -sale alcohol licenses ( 26 liquor stores/convenience stores/mini-marts and 19
supermarkets/pharmacies/department stores).
DISCUSSION
The draft code amendment provides the following changes to the West Covina Municipal Code (WCMC)
• Adds a category for off -sale alcohol sales to the Land Use Matrix (WCMC Section 26-597) and
identifies that conditional use permit (CUP) is required for the use in theN-C, R-C, S-C, C-2, C-3,
and M-1 zones, and is not allowed in other zoning designations.
• Removes "sale of alcoholic beverages" as prohibited in service stations (WCMC Section 26-664).
• Adds CUP requirement in Alcoholic Beverage Service portion of Municipal Code (WCMC Section
26-685.103) and cross-reference Section 26-685.103.3.
• Adds new section to the Municipal Code (WCMC Section 26-685.103.3) that identifies the CUP
process for service stations selling alcohol and lists the following standards:
1. Beer and wine sales shall only be allowed in convenience stores greater than 2,000 square feet in floor
area.
2. A maxima to of ten (10) percent of the retail floor area shall be allowed for the display and sale of
alcohol. Merchandise stacldng shall not be included in the retail floor area calculation when
detemriningthe mamdnmm area for display and alcohol sales.
3. The sale of beer in quantities fewer than three containers is prohibited and no alcoholic beverage shall
be sold in unit quantities less than the distributor's intended resale units.
4. No beer and wine shall be displayed within five feet of the cash register or front door.
5. The advertisement for beer and wine shall not be permitted at motor fuel islands.
6. Identification card reader is required to determine the authenticity of the identification that displays
the age of the individual.
7. No pay phone shall be permitted on the exterior of the premises.
8. No beer and wine shall be sold from or displayed in an ice tub.
9. No coin operated video games or video entertainment machines shall be permitted on the premises.
10. Signage shall be posted in the parking lot and on the exterior of the building notifying persons that
alcohol shall not be consumed on the premises.
11. Signs shall be prominently posted, stating thatCalifomia State Law prohibits the sale of beer and wine
to persons underthe age of 21 years.
During City Council initiation of Code Amendment No. 20-07, Councihnember Castellanos statedthathis
preference is to eliminate the 2,000 square -foot floor area convenience store size threshold in order to allow a
more open competition amongst service station owners. The Planning Commission may choosetomake no
changes to, to eliminate, revise, or add on to the draft Code.
GENERAL PLAN CONSISTENCY
The proposed code amendment is consistent with Policy 2.1 (Maintain and enhance theCity's currenttax
base) and Action 2.1a (Continue to strengthen the City's retail base) of the General Plan. The code
amendment would allow service station convenience stores to better compete with similar sized markets,
which may improve their generation of taxable sales for the City.
ENVIRONMENTAL DETERMINATION
The proposal is not subject to the California Environmental Quality Act(CEQA) per Section 15061(b)(3) of
the CEQA Guidelines, which provides thatCEQA only applies to activity that results in direct or reasonably
foreseeable indirect physical change in the environment and for activity considered to be a project,
respectively. The amendment to the West Covina Municipal Code would not result in a physical change in the
environment because it would only revise development standards for alcohol sales within service stations.
STAFF RECOMMENDATIONS
Staffrecommends that the Planning Commission adopt a resolution recommending approvalofCode
Amendment No. 20-07 to the City Council
Submitted by: Jo -Anne Bums, Planning Manager
Attachments
Attachment No. 1 - Resolution Recommending Approval
Attachment No. 2 -Gasoline Stations with Convenience Stores
Attachment No. 3 - List of Businesses with Type 20/21 ABC Licenses
ATTACHMENT NO.4
Planning Commission Minutes
Paee 4 — September 22, 2020
Motion by Redholtz, seconded by Holtz, to continue this matter to a date
uncertain to allow time for the Planning Commission to visit the site, for staff to
obtain ownership information, and to expand the public hearing notification to a
1,000-foot radius. Motion carried 5-0.
Chairperson Heng said this matter will be rescheduled for a public hearing before
the Planning Commission on a date to be determined.
Chairperson Heng called a recess at 9:15 p.m.
Chairperson Heng reconvened the meeting at 9:27 p.m
3. CODE AMENDMENT NO.20-07
GENERAL EXEMPTION
LOCATION: City Wide
REQUEST: The proposed code amendment consists of an amendment to Chapter 26
(Zoning) of the West Covina Municipal Code to allow and regulate off -sale (retail
sales for off -site consumption of beer and wine as an accessory use to a service
station.
Planning Manager Jo -Anne Burns presented the staff report. During her
presentation she told the Commission that this matter had been considered less that
one year ago and, as such, she was presenting the code amendment as it was drafted
a year ago. She reviewed the proposed changes to Sections 26-597, 26-664 and 26-
685.103. In addition she presented the wording from the Department of Alcohol and
Beverage Control for the required signage. Ms. Burns also told the Commission that
she had checked the ABC website to determine how many off -sale licenses are in
West Covina as well as checking with the city's independent contractor for business
licenses, HdL.
Chairperson Heng opened the public hearing.
PROPONENTS:
Rich Brito, Sally Morales and Rommel Cipriano, for Mr. Karimi, spoke in favor of
the code amendment saying they support the expanded business in service station
convenience stores.
�]�Zi]►1�I�IIK�
Kim Sutliffe, Fred Sykes, Steve Bennet, Colleen Rozatti and Robert Torres spoke in
opposition to the code amendment. They expressed their concern with drinking and
driving, public safety, and compromising the standard of living in West Covina. In
addition, the opponents expressed their concern with endangering residents,
increased service calls to the police department and preserving West Covina's ability
to prohibit the sale of beer and wine at service station convenience stores.
PAPLANCOM\Minutes\2020 MINUTES\Minutes - 9.22.20.doc
Planning Commission Minutes
Paee 5 — September 22, 2020
Planning Manager Jo -Anne Bums said an email in opposition to this request was
received from Jerri Potras and read it into the record.
Chairperson Heng closed the public hearing.
Commissioner Redholtz commented that this matter has been considered numerous
times by the Planning Commission and City Council. He also commented that the
request isn't to increase revenue but to allow service stations with convenience
stores to compete with other convenience stores not associated with service stations.
In addition he said he would not be in favor of reducing the floor area to allow more
service station convenience stores to sell alcoholic beverages and that there were
conditions proposed to regulate the sales of beer and wine in service station
convenience stores.
Chairperson Heng expressed her concern with the code amendment, including that
police will not remove intoxicated people from convenience stores and they might
attract homeless people to purchase alcoholic beverages.
Motion by Jaquez, seconded by Heng, to recommend to the City Council approval
of Code Amendment No. 20-27, with a request to the City Manager to direct the
West Covina Police Department to provide the City Council with a statistical
analysis of service calls for police in neighboring cities where sales of beer and wine
are allowed in service station convenience stores. Motion carried 5-0.
This matter will be considered by the City Council at a public hearing
scheduled for October 20, 2020.
NON -HEARING ITEMS - None
COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS
Commissioner Holtz said that Sizzler USA has filed for bankruptcy. There was a
short discussion regarding whether the West Covina Sizzler will be affected.
Commissioner Redholtz spoke about the City of Pasadena Planning Commission
recommending to the City Council that they increase penalties for unlicensed
contractors working in the City.
Commissioner Jaquez asked about the process to be utilized in rewriting the
Municipal Code.
Plaza West Covina has been sold by Starwood and there was a short discussion
regarding the potential project that had been proposed for the site.
PAPLANCOMWinutes\2020 MINUTESWinutes - 9.22.20.doc
are 21 gasoline stations with convenience stores within the City. There are a total of 45 stores within the City that
have active off -sale alcohol licenses (26 liquor stores/convenience stores/mini-marts and 19
supermarkets/pharmacies/department stores). Attached is a report that was presented to the Planning
Commission from the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Preservation titled:
"How to Use Local Regulatory and Land Use Powers to Prevent Underage Drinking" (Attachment No. 7).
DISCUSSION:
Based on the Planning Commission's recommendations, the draft code amendment provides the following changes
to the West Covina Municipal Code (WCMC):
• Adds a category for off -sale alcohol sales to the Land Use Matrix (WCMC Section 26-597) and identifies that
a conditional use permit (CUP) is required for the use in the N-C, R-C, S-C, C-2, C-3, and M-1 zones, and
off -sale alcohol sales is not allowed in other zoning designations.
• Removes "sale of alcoholic beverages" as prohibited in service stations (WCMC Section 26-664).
• Adds CUP requirement in Alcoholic Beverage Service portion of Municipal Code (WCMC Section 26-
685.103) and cross-references Section 26-685.103.3.
• Adds new section to the Municipal Code (WCMC Section 26-685.103.3) that identifies the CUP process for
service stations selling alcohol and lists the following standards:
1. Beer and wine sales shall only be allowed in convenience stores greater than 2,000 square feet in floor
area.
2. A maximum often (10) percent of the retail floor area shall be allowed for the display and sale of
alcohol. Merchandise stacking shall not be included in the retail floor area calculation when
determining the maximum area for display and alcohol sales.
3. The sale of beer in quantities fewer than three containers is prohibited and no alcoholic beverage shall
be sold in unit quantities less than the distributor's intended resale units.
4. No beer and wine shall be displayed within five feet of the cash register or front door.
5. The advertisement for beer and wine shall not be permitted at motor fuel islands.
6. Identification card reader is required to determine the authenticity of the identification that displays the
age of the individual.
7. No pay phone shall be permitted on the exterior of the premises.
8. No beer and wine shall be sold from or displayed in an ice tub.
9. No coin operated video games or video entertainment machines shall be permitted on the premises.
10. Signage shall be posted in the parking lot and on the exterior of the building notifying persons that
alcohol shall not be consumed on the premises.
11. Signs shall be prominently posted, stating that California State Law prohibits the sale of beer and wine
to persons under the age of 21 years.
GENERAL PLAN CONSISTENCY
The proposed code amendment is consistent with Policy 2.1 (Maintain and enhance the City's current tax base) and
Action 2.1a (Continue to strengthen the City's retail base) of the General Plan. The code amendment would allow
service station convenience stores to better compete with similar sized markets, which may improve their generation
of taxable sales for the City.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed ordinance and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve the Planning Commission's recommendation and adopt the Ordinance;
2. Provide alternative direction; or
3. Receive and file.
ATTACHMENT NO.5
List of Businesses in the City with Active Type 20/21 Licenses from the Department of Alcoholic Beverage Control
Status
I License Type
Primary Owner
Premises Add,
I Business Name
1
ACTIVE
21
VONS COMPANIES INCTHE
777 S GLENDORA AVE,WEST COVINA, CA 91790
VONS 2123
2
ACTIVE
21
THRIFTY PAYLESS, INC.
1528 E AMAR RD,WEST COVINA, CA 91792
RITE AID STORE 5610
3
ACTIVE
21
STATER BROS MARKETS
1025 E AMAR RD,WEST COVINA, CA 91792
STATER BROS MARKETS 54
4
ACTIVE
21
STATER BROS MARKETS
375 N AZUSA AVE,WEST COVINA, CA 91791
STATER BROS MARKETS 106
5
ACTIVE
21
FOOD 4 LESS OF CALIFORNIA INC
615 N AZUSA AVE,WEST COVINA, CA 91791
FOOD 4 LESS 337
6
ACTIVE
21
KASSAB, BAD
2017W PACIFIC AVE,WEST COVINA, CA 91790
PACIFIC LIQUOR
7
ACTIVE
21
A&BAZUSA INC
1525 EAMAR RD,WEST COVINA, CA 91792-1619
SEAFOOD CITY SUPERMARKET
8
ACTIVE
20
7 ELEVEN INC
2887 E VALLEY BLVD,WEST COVINA, CA 91792
7 ELEVEN STORE 217514003C
9
ACTIVE
21
AZUSA SUPERMARKET INC
1512 EAMAR RD,WEST COVINA, CA 91792-1618
ISLAND PACIFIC SUPERMARKET
10
ACTIVE
20
TARGET CORPORATION
2831 E EASTLAND CTR DR,WEST COVINA, CA 91791-1624
TARGETT1028
11
ACTIVE
21
SAFAR, ZOUHAIR GEORGE
1915 W SAN BERNARDINO RD,WEST COVINA, CA 91790
KEG LIQUOR
12
JACTIVE
1 21
KAUR, SATI NDER
1413 W PUENTE AVE,WEST COVINA, CA 91790
BIG BOB'S UQUOR&MARKET
13
ACTIVE
21
NORTHGATE GONZALEZ LLC
1320W FRANCISQUITO AVE,WEST COVINA, CA 917904630
NORTHGATE MARKET 22
14
ACTIVE
21
TA ET CORPORATION
23705 AZUSA AVE,WEST COVINA, CA 91792-1511
TARGETT2147
15
ACTIVE
21
GAR FIELD BEACH CVS LLC
727 S GLENDORA AVE,WEST COVINA, CA 91790-3707
CVS PHARMACY STORE 9735
16
ACTIVE
21
HK2 OF WEST COVINA LLC
987 S GLENDORA AVE,WEST COVINA, CA 91790-4205
17
ACTIVE
21
GAR FIELD BEACH CVS LLC
3670 S NOGALES ST,WEST COVINA, CA 91792-2714
CVS PHARMACY 9748
18
ACTIVE
21
GAR FIELD BEACH CVS LLC
702 N AZUSA AVE,WEST COVINA, CA 91791-1010
CVS PHARMACY 9687
19
ACTIVE
20
WALGREEN CO
2453 S AZUSA AVE,WEST COVINA, CA 91792-1536
WALGREENS09560
20
ACTIVE
20
17 ELEVEN INC
235 N AZUSA AVE, STE D & E,WEST COVINA, CA 91791-1356
7 ELEVEN
21
ACTIVE
21
MARUKAI CORPORATION
1420 S AZUSA AVE,WEST COVINA, CA 91791
TOKYO CENTRAL
22
ACTIVE
20
HEREDIA, JUAN
322 S GLENDORA AVE,WEST COVINA, CA 91790-3043
EL PILON MEAT MARKET & RESTAURANT
23
ACTIVE
21
PATEL, INDIRA RAMESH
2125 W FRANCISQUITO AVE,WEST COVINA, CA 91790-3205
FRANCISQUITO DRIVE IN DAIRY
24
ACrIVE
21
WALMART INC.
2753 E EASTLAND CENTER DR,WEST COVINA, CA 91791-6612
WALMART5954
25
ACTIVE
20
PATEL, DHARINI MESH
1818 E ROWLAND AVE,WEST COVINA, CA 91791-1136
ROYAL CREST DAIRY
26
ACTIVE
20
7ELEVEN INC
1319W MERCED AVE,WEST COVINA, CA 91790-3904
7 ELEVEN STORE 14004E
27
ACTIVE
21
BEVERAGES & MORE INC
2970 E WORKMAN AVE,WEST COVINA, CA 91791-1610
BEVMOI
28
ACrIVE
21
LA AMAPOLA INC
130 PLAZA DR,WEST COVINA, CA 91790-2870
IAAMAPOIA
29
ACrIVE
21
AWAN, NUSRAT SHAHEEN
522 EVINE AVE,WEST COVINA, CA 91790-5101
RANCH TOWN MARKET
30
ACTIVE
21
WEST COVINA UQUOR
1341 SA2U. AVE,WEST COVINA, CA 91190-3902
WEST COVINA LIQUOR
31
ACTIVE
20
TOUHEY,DEBBIEIOVCE
551 E VINE AVE,WEST COVINA, CA 91790-5102
ROCKVIEW DAIRY#29
32
ACTIVE
21
S&T ENTERPRISE INC.
100 N GRAND AVE, BLDG A,WEST COVINA, CA 91791-1746
7 ELEVEN STORE 39860A
33
1ACTIVE
1 20
99 CENTS ONLY STORES LLC
1516 EAMAR RD,WEST COVINA, CA 91792-1618
99 CENTS ONLY STORE#428
34
ACTIVE
21
TR&VCORP
1005 EAMAR RD,WEST COVINA, CA 91792-1300
CHANTRYS PANTRY LIQUOR
35
ACTIVE
21
CHONOS, DIANE DENISE
2612 E GARVEY AVE S,WEST COVINA, CA 91791-2113
JUG NJIGGER
36
ACTIVE
20
7ELWEN INC
1347 S AZUSA AVE, STE A,WEST COVINA, CA 91791-3965
7 ELEVEN STORE 29939D
37
ACTIVE
21
GOODLIFE SOLUTIONS, LLC
1925 W BADILLO ST,WEST COVINA, CA 91790-1133
BOIAVARD
38
ACTIVE
21
JABBAR, WASILEH GHANEM
430 N AZUSA AVE,WEST COVINA, CA 91791-1347
111QUICK STOP LIQUOR& MARKET
39
ACTIVE
21
YOUNAN, WAFA
130N VINCENT AVE,WEST COVINA, CA 91790-2205
FREEWAY LIQUOR
40
ACrIVE
21
ABOU EID, MATANOS HAD!
1230 W FRANCISQUITO AVE,WEST COVINA, CA 917904722
LOUIES LIQUOR II
41
ACTIVE
20
SF MARKETS LLC
2630 E WORKMAN AVE, UNIT 315A,WEST COVINA, CA 91791-1627
SPROUTS FARMERS MARKET#438
42
ACrIVE
21
INDER BRAR, INC.
334 N AZUSA AVE,WEST COVINA, CA 91791-1345
LEPRECHAUN LIQUOR & MARKET
43
ACTIVE
21
IKING SPIRITS, INC.
9"W WEST COVINA PKWY,WEST COVINA, CA 91790
IJ ERRYS HOUSE OF SPIRITS
44
ACTIVE
21
CHOWDHURY, RAIHAN KABIR
12115 GLENDORAAVE,WEST COVINA, CA 917904925
ISTONE LIQUOR
45
ACTIVE
20
17 ELEVEN INC
711 N AZUSA AVE UNIT A,WEST COVINA, CA 91791-1011
7-ELEVEN STORE 38590A
ATTACHMENT NO.6
Gasoline Stations with Convenience Stores with Active Business Licenses within West Covina
76 CIRCLE
A R C O AM PM 83044
1200 S GLENDORA AVE
1333 W MERGED AVE
WEST COVINA, CA 91790-0924
WEST COVINA, CA 91T90
(626)850-5300 Retail Businesses GAS STATION Gasoline Stations WiM Convenience Store.
982£129 Relail Businesses GAS STATION Gasoline SlaBons — Convenience Stares
Aclive
Aclive
P-d,- Taxpayer
Current
ALL SMOG 8 TUNE ARCO GAS STATION
646 N SUNSET AVE
WEST COVINA, CA 91790-1661
(628)
(626) 33]-]422 Retail Businesses GAS STATION Gasoline Stations WiU Convenience Stores
Active
Current
ARCO-303
201 NGRAND AVE
WEST COVINA, CA 91791-1—
(626)%6-7711 Retail Businesses GAS STATION G... ine Station. Willi COnvanience Stares
Active
Current
AZUSA ARCO
30D N AZUSA AVE
WEST COVINA, CA 91791-1345
(909)87-77 Retail Businesses GAS STATION Gasoline Stations WM Convenience Stares
Aclive
Current
BADILLOARCO
WI NSUNSET AVE
WEST COVINA, CA 91790
(9D9)877-077 Retail Businesses GAS STATION Gasoline Sd9on. WiU Convenience Stores
Adive
Current
CIRCLE K p2709500
201 SAZUSA AVE
WEST COVINA, CA 91791-1904
(%1)270Z168 Retail Businesses GAS STATION G... ine Station. Willi COnvanienca Stares
Active
Current
EASTLAND CHEVRON
246 N CITRUS ST
WEST COVINA, CA 91791
(626)339-3929 Retail Businesses GAS STATION Gasoline Stations WM Convenience Stares
Adive
Current
FAMILY OIL COMPANY
2010 W PACIFIC AVE
WEST COVINA, CA 917N
(626)N"061 Retail Businesses GAS STATION Gasoline Sdtions WiU Convenience Stores
Adive
Current
GB M OIL#11T
KH8GLENDORA AVE
WEST COVINA, CA 91780
(626)851-8]96 Retail Businesses GAS STATION G... ine Station. Willi Convenience Store.
Active
Current
GOLDEN MOTEUR INC
12DO S GLENDORA AVE
WEST COVINA, CA 91790d924
(626)850-S300 Retail Businesses GAS STATION Gasoline Stations WM Convenience Stores
Adive
Current
M BJ SHELL
700 S SUNSET AVE
WEST COVINA, CA 91790I6
(626)337-1003 Retail Businesses GAS STATION Gasoline Gdtions WiIh Convenience Stores
Adive
Current
MY GOODS MARKET p5641
105 S VINCENT AVE
WEST COVINA, CA 91790-2901
(616)338-13 Retail Businesses GAS STATION G... ine Station. Willi COnvanience Srore.
Active
Current
SOUTH HILLS 76
15D S CITRUS ST
WEST COVINA, CA 91791-2142
(826)339-BD18 Retail Businesses GAS STATION Gasoline Stations W. Convenience Stares
Adive
Current
SUNSET SERVICE CENTER, INC
WI NSUNSET AVE
WEST COVINA, CA 91790
(626)960-9229 Retail Businesses GAS STATION Gasoline Sd9on. WiIh Convenience Stores
Adive
Current
TRIPLE S CHEVRON SERVICE
12D9 S SUNSET AVE
WEST COVINA, CA 91790a
(626)338-6527 Retail Businesses GAS STATION G... ine Station. Willi COnvanience Srore.
Active
Current
UNITED MORGAN ASSOCIATES LLC
901 NSUNSET AVE
WEST COVINA, CA 91T90-1204
(909)87-77 Retail Businesses GAS STATION Gasoline Stations— Convenience Stores
Adive
Pantl -Taxpayer
UNITED OIL#189
123 N GRAND AVE
WEST COVINA, CA 91791-1710
(310)323J992 Retail Businesses GAS STATION Gasoline Sd9on. WiIh Convenience Stores
Adive
Current
UNITED OIL—
24505 AZUBA AVE
WEST COVINA, CA 91792-1512
(310)323— Retail Businesses GAS STATION G... ine Station. Willi COnvaniance Stare.
Active
Currant
VINCENT CHEVRON
-i N VINCENT AVE
WEST COVINA, CA 91790-2206
(826)331-3312 Retail Businesses GAS STATION Gasoline Stations— Convenience Stores
Adive
Current
WEST COVINA SHELL AUTO CARE
200 S AZUSA AVE
WEST COVINA, CA 91791
(626)916 31 Retail Businesses GAS STATION Gasoline Sd9on. WiIh Convenience S.—
Adive
Current
ATTACHMENT NO.7
How To Use Local Regulatory and Land Use
Powers To Prevent Underage Drinking
ng
What do local regulatory and land use powers
have to do with preventing underage drinking?
Communities all over the country are concerned about
underage drinking and the many serious problems that go
along with alcohol consumption by young people. Whether
and how much young people drink depends to a large extent
on community norms and expectations about drinking.
These norms and expectations emerge from and reflect
the community alcohol landscape or alcohol
environment, including such elements as messages
regarding alcohol use in the media and elsewhere; the ease
with which young people can obtain alcohol through
commercial and noncommercial sources; and the role of
alcohol in community events. This landscape can be shaped
by local regulations and land use ordinances, which are
forms of alcohol policy.
Often communities take their alcohol landscape as a given
or as the sole province of state and federal lawmakers. But
many communities now are challenging these assumptions,
developing local alcohol policies that have had impressive
results. Local governments in most states do not have to
wait for state legislatures or Congress to act to reshape
their alcohol environments. This fact sheet gives a menu of
local alcohol policy options that can reduce youthful drinking
in our communities.
What are local regulatory and land use powers?
Local governments have the responsibility and authority to
protect the public's general health, safety, and welfare.
They fulfill this responsibility in part through their land use
powers —by determining what activities may occur on the
land within their jurisdiction. Both commercial and
noncommercial activities associated with alcohol fall within
these broad powers. Unless preempted by state or federal
law (see `Beware of Preemption," below ), local
communities can rely on land use zoning to determine
where alcohol may be sold or consumed and how it is
distributed and marketed. Some states allow local
governments to license commercial alcohol establishments.
Licensing amplifies local zoning powers as a means to
shape the local alcohol environment.
Community zoning ordinances identify the type of
development that is permitted within a geographical area.
For example, an R-1 zone typically identifies an area where
construction of single family residences are permitted as a
matter of right — no special license or public hearing is
required to build a single family home in an R-1 zone. In
addition to such permitted uses, however, other uses might
also be permitted, but only after they have been reviewed
for potential negative impacts on the area and special
conditions placed on the development to minimize these
negative impacts. For instance, in an R-1 zone,
communities will often permit development of child care
centers, schools, parks, and senior housing projects, but only
after conditions have been placed on these developments to
respond to concerns about the traffic, noise, and other
potential negative impacts such developments might pose to
the quality of life people expect in a single family
neighborhood.
Although the exact term and approval process may differ
from state to state, these Conditional Use Permits (CUPS)
are a central feature of zoning laws in most states. Zoning
ordinances specify which land uses require a CUP, and
specify the public notice and hearing process that will be
conducted to identify potential negative impacts and to
decide the specific conditions that will be required to
mitigate these negative impacts.
Zoning ordinances can require that any given land use,
including retail alcohol outlets, must obtain a conditional use
permit in order to conduct business. CUPS serve as a
useful adjunct to other types of regulations and allow for
specific and public consideration of each business
development proposing to sell alcohol. A very important
aspect of the CUP requirement is that municipalities may
revoke the CUP at some later date should the required
conditions be violated. This opportunity to monitor the
continuing operation of an alcohol outlet, and to take
corrective action if necessary, is an important feature
supporting community zoning ordinances that require that all
alcohol outlets be subject to a conditional use permit.
How do local regulatory and land use powers
influence the alcohol environment overtime?
Specific regulatory and land use provisions affect how
alcohol is made available in the community. Sales practices
change over time as marketers and retailers develop
innovative strategies and tactics for attracting new
customers and increasing sales among current users. Once
the changes occur, they become part of the community's
landscape and are very difficult to reverse. For example, in
the early 1980s, oil companies aggressively entered the
convenience store industry, converting gas stations from
auto repair centers to mini -marts that rely heavily on alcohol
sales. This new marketing concept raises public health
concerns because it increases the availability of alcohol
(particularly in residential areas and near schools, where
children are likely to be present) and combines the sales of
alcohol and gasoline (possibly sending an unhealthy
message about drinking and driving). Yet today, these
alcohol/gas outlets are an accepted part of many
communities' alcohol environment. Some entrepreneurs are
now introducing alcohol to fast food outlets, beauty salons,
and laundromats, marketing plans that raise similar public
health and safety concerns.
If communities do not use their regulatory and land use
provisions, changes such as these in their alcohol
environments will respond solely to economic
considerations, without attention to potential public health
and safety costs. If, for example, a local jurisdiction had
enacted in 1980 a land use restriction that prohibited alcohol
and gasoline sales at the same retail outlet, then this
marketing scheme would not have taken hold in that locality.
Communities should be alert to the health and safety
concerns raised by alcohol sales practices and anticipate
potential problems. They can then act early to prevent these
problems through regulation.
What is the relationship of local regulatory and
land use powers to state regulation?
The 21st Amendment to the U.S. Constitution, enacted at
the repeal of Prohibition, gives the state the primary
authority for regulating alcoholic beverages. States vary
widely in the degree to which they have handed this
authority to local jurisdictions. In a few cases, states have
given local government the primary authority for regulating
alcohol, providing only minimal statewide standards. At the
opposite end of the spectrum, a few states exercise
exclusive authority over alcohol commerce, taking away (or
preempting) related local regulatory and land use powers.
The large majority of states fall between these extremes,
establishing overlapping (or concurrent) local and state
regulatory powers. States are most likely to allow at least
some forms of local land use zoning powers, with local
licensing authority a less common practice. Ideally, the state
establishes minimum standards for regulating alcohol use
and distribution and allows localities wide discretion in
developing additional standards to meet their particular
needs and circumstances. This is the case in many states.
Concerned citizens and groups who wish to make maximum
use of local power should research state and local laws.
Local officials and attorneys who specialize in these issues
can be good resources for information.
Beware Preemption
Thefact that states can take away local powers raisesa
note of caution: A common strategy of commercial
alcohol interests isto seekstate preemption inorderto
eliminate local regulatory and land use policies they
oppose. These preemption proposals are sometimes
couched in public health terms, mandating relatively
weak state controls but eliminating the possibility of
more stringent local ordinances.
How do regulatory and land use policies
respond to alcohol marketing practices?
A helpful typology for categorizing regulatory and land use
policies is the four P's of marketing —product, place,
promotion and price. Marketers use these four elements to
develop "total marketing" campaigns that target specific
demographic groups. For example, specific products have
been developed that appeal to young college students (e.g.,
40-ounce beer containers and sweetened alcohol products).
They are made available in places frequented by students
and are offered at discount prices (recognizing that
students have limited discretionary income). They are
promoted using messages and images with youthful, college
themes. Marketing campaigns targeting older, affluent,
white males; inner-city African American youth; suburban
"soccer moms," or any other demographic group will have a
very different marketing mix. Unchecked, these marketing
tactics can create unsafe alcohol environments for youth.
Many college communities, for example, have college bars
and drinking events as the primary venue for entertainment
and are saturated with promotions and low price offerings
that encourage heavy drinking.
Communities can use these same marketing strategies to
develop alcohol -safe environments for young people. Each
of the four P's has a set of corresponding preventive
responses. These responses should be coordinated with
each other and applied in a comprehensive manner,
targeting specific demographic groups. At stake is the
shape of the alcohol environment and the level of risk to
which a given population group is exposed. Here is a
checklist of possible community policy options, using the
four P's typology.
What specific place regulations can be used to
reduce alcohol availability to young people?
1. Restrict the location/number of commercial alcohol
outlets.
■ Prohibit alcohol outlets within specified distances
from schools, child care centers, youth centers, and
other locations where children congregate.
■ Prohibit alcohol outlets from locating within specific
distances of other alcohol outlets.
■ Restrict the total number of alcohol outlets based on a
population ratio. 2.Restrict the types of commercial alcohol outlets.
■ Restrict/prohibit concurrent sales of alcohol and
gasoline.
■ Restrict alcohol sales at mini -marts.
■ Prohibit alcohol sales in non-traditional outlets (e.g.,
laundromats, movie theaters, beauty salons).
■ Clearly distinguish between bars/nightclubs and
restaurants (e.g., by limiting restaurants' alcohol sales
to a maximum of 40 percent of their receipts;
restricting late hour operations; prohibiting separate
bar areas), and permit bars only in "adult" zoned
areas.
■ In restaurants, require that all alcohol sales be made
only in conjunction with food service and sales.
3. Require commercial alcohol outlets to use responsible
serving/sales practices.
■ Require good management policies and training to
ensure that servers and clerks routinely and
effectively check age identification.
■ Require minimum age of 21 for all servers and clerks.
■ Prohibit employee alcohol consumption while on duty.
■ Prohibit minors' access to bars and nightclubs.
■ Prohibit video games and other forms of
entertainment popular with teenagers in alcohol
establishments where minors can be present.
■ Limit the amount of square footage and shelf space
dedicated to alcohol sales in retail outlets.
■ Restrict home delivery sales.
■ Restrict hours of sale.
■ Require adequate lighting to enable staff to discern
easily the appearance and conduct of persons in the
outlet and adjacent areas.
■ Prohibit all public nuisance activities in and around
alcohol outlets, including loitering, littering, harassment
of passersby, graffiti, loud noise, violations of state
ABC code provisions, and criminal conduct.
■ Restrict/prohibit public telephones (to deter drug
dealing).
■ Require adequate security, including, if warranted, the
employment of a security guard.
■ Conduct routine, effective compliance checks.
4. Restrict minors' access to noncommercial sources of
alcohol.
■ Restrict alcohol service at community events such as
fairs and holiday celebrations.
■ Create alcohol -safe community events.
■ Restrict the availability of alcohol in public settings
such as parks and recreation centers.
■ Enact keg registration and teen party ordinances to
reduce the availability of alcohol to young people in
noncommercial settings.
■ Enact teen party ordinances that hold adults
accountable for hosting teen parties.
What specific promotion regulations can be u
to reduce minors' exposure to alcohol
advertising/promotions?
■ Prohibit outdoor advertising and billboards in area:
where children are present (including residential
zones and within 1,000 feet of schools, playgrounc
and other child -oriented facilities).
■ Restrict alcohol advertising to the interior of
commercial alcohol outlets, and prohibit advertisin
inside the store that is visible from outside.
■ Require signs prominently posted in commercial
establishments regarding minimum age for alcohol
purchase.
■ Require signs prominently posted in public parks/
facilities stating that it is illegal to consume alcoholic
beverages.
■ Prohibit the use of cartoon characters and other child -
oriented images and slogans in alcohol advertising.
■ Prohibit alcohol advertising by local retailers on
television or radio programs with underage audiences
exceeding 25 percent.
■ Place limitations on the percentage of store window
space devoted to advertising.
■ Prohibit distribution or sale of any alcohol industry
promotional materials to minors (e.g., as prizes at
local fairs).
■ Restrict alcohol industry sponsorship of any event
sponsored or cosponsored by local government, any
youth event (e.g., youth athletic events), or any event
located on public property.
What specific productregulations can be used to
reduce minors' exposure to alcohol marketing
that encourages overconsumption or appeals
especially to youth?
■ Require that 12-ounce or smaller containers of beer
be sold in six-packs only — no single can sales (which
encourage street drinking).
■ Restrict the size of single beer containers to no more
than one quart.
■ Require that wine be sold in containers of at least 750
milliliters in volume or in minimum four -pack cooler
containers.
■ Permit corked wine containers only — prohibit screw-
top wine bottles.
■ Prohibit sales of distilled spirits in mini -bottles unless
sold in multiples.
■ Prohibittrestrict sales of fortified wine and malt
liquors (at least in residential areas) or specify that
these products may not be chilled for sale.
■ Prohibit sales of "alcopops" and other alcoholic
products with characteristics that clearly appeal to
youth (e.g., sweet taste; cartoon characters on
packaging).
What specific price regulations can be used to
deter discounting and to increase the cost of
alcohol to minors?
■ Impose fees on all commercial alcohol outlets to
cover local code and law enforcement costs.
■ Impose/increase alcohol taxes (if local option
available), and encourage increased taxes at state and
federal levels.
■ Prohibit discounted alcohol prices that are lower than
standard prices in the community.
■ Prohibit price promotions, such as flat fee "drink and
drown" night.
Best Practices for Implementation
■ Alcohol is a legal but potentially hazardous product
that requires special regulatory and planning attention.
To the extent permitted by law in each state, local
governments should retain oversight and promote
public involvement to ensure a safe alcohol
environment. This means that communities should
maintain an active regulatory posture regarding land
use controls for alcohol outlets. Permits should not be
issued automatically based on an unvarying set of
criteria. Each case should be considered individually
based on its potential to be an asset to the community
rather than a liability.
■ State alcohol licensing agencies usually examine the
character and business history of the applicant in
making decisions about granting a license. In order to
complement the state review, community planning and
land use decisions about alcohol outlets should focus
on the nature of the business activity and its
community impacts. Business owners come and go,
but an alcohol outlet once approved is often a
permanent fixture in a community. Land use permits
should include conditions that define business
practices and the manner and mode of business
operations consistent with community values and
standards, independent of the qualifications of current
or future business owners.
No local planning process can predict the problems
or conditions that may occur in the future. As a
consequence, when there is a proposed change in
ownership or in the manner and mode of operation of
an alcohol outlet, local governments should require a
new public hearing to review the conditions placed on
the alcohol outlet. The sale of alcohol is a regulated
public privilege, and land use ordinances provide
important opportunities to bring and retain balance
between public and private interests.
Conclusions
In most states, communities have the power to establish
local regulations and land use policies. These policies can
help create and maintain an environment with regard to
alcohol that protects public health and safety and that, in
particular, protects young people from underage drinking.
Communities should explore the scope of the powers they
have in their particular state and use policy to control the
place, product, pricing, and promotion practices used to sell
alcohol. These actions can be extremely effective in
reducing underage alcohol use and the serious problems
related to alcohol.
rwWhere can I get more information?
Other publications from the Office of Juvenile Justice
and Delinquency Prevention's Underage Drinking Laws Program
(A vatlable bycontacting the Underage Drinking Enforcement
Training Centerat 11140 Rockville Pike, 6th floor Rockville, MD
20852.1-800335-1287):
Regulatory Strategies for Preventing Youth Access to
Alcohol: Best Practices (1999).
This publication reviews 22 regulatory options for
reducing youth access to alcohol, assessing available
research on their effectiveness and presenting criteria
for prioritizing their implementation.
Strategies To Reduce Underage Alcohol Use: Typology
and Brief Overview
This document provides a summary of the various
strategies commonly used to reduce underage drinking
and indicates the level of effect that might be expected
from each strategy. The information is designed to
assist states in setting priorities for activities to be
funded with block grant money.
Guide to Conducting Alcohol Purchase Surveys
Guide to Conducting Youth Surveys
These two documents provide step-by-step information
for data collection efforts that can be undertaken by
states or localities to identify specific problem areas and
to measure and monitor changes over time in alcohol
use, sources of alcohol, and merchant compliance with
the law.
The Cost of Underage Drinking
This document provides information on the various
health and social problems related to underage drinking
and can be used by state coordinators and others to
generate support for enforcement of underage drinking
laws.
Strategic Media Advocacy for Enforcement of Underage
Drinking Laws
The vast majority of states identified media campaigns
as a major component of their state action plans. In
addition, media coverage is an essential component of
enforcement. This guide provides state coordinators and
others with practical information on using the media
efficiently and effectively to bring about better
enforcement of underage drinking laws.
Tips for Soliciting Cohesive Program Plans (Writing
Effective RFPs for the Sub -granting Process)
This brief document provides state coordinators with a
format for constructing requests for proposals that are
likely to elicit cohesive and effective plans from local
communities.
Preventing Sales of Alcohol to Minors: What You Should
Know About Merchant Education Programs
This fact sheet defines merchant education and distills
current research knowledge on the effectiveness of
merchant education programs, the components they
should include, and how these programs fit within a
larger community effort.
Publications on land use controls and their application to alcohol
availability:
Wittman, E and Shane, P Manual for Community Planning to
Prevent Problems of Alcohol Availability, Berkeley, CA:
CLEW Associate, 1988.
Wittman, F. Development and Use of Conditional Use Permits
to Prevent Problems Related to Retail Alcohol Outlets: An
Overview. University of California at Berkeley, Institute
for the Study of Social Change, 1994.
These two publications provide an excellent overview
of community zoning principles and applications to
alcohol land uses. Although they focus particularly on
California law (which has state preemption statutes that
are unique to that state), the presentations of land use
concepts and strategies are applicable to communities in
other states. Contact: Community Prevention Planning
Program, Institute for the Study of Social Change, 837
Folger Ave., Berkeley, CA 94710, 510-540-4717.
Sparks, M. The Conditional Use Permit as a Prevention Tool.
The Alcohol and Other Drug Prevention Extension.
Folsom, CA: The EMT Group, Inc. 1998.
This is the workbook used for a one -day training with
the same title developed by the EMT Group under the
auspices of the California Department of Alcohol and
Drug Programs. It also focuses on California law but is
a useful tool for those from other states. For
information on the training and manual availability
contact: The EMT Group, Inc., 771 Oak Avenue
Parkway, Suite 2, Folsom, CA 95630, 916-983-6680.
Publications reviewing specific land use/local regulatory options
Pratt, L, Rothstein, C., Meath, J., and Toomey, T. Keeping
Alcohol Away from Underage Youth: Policy Solutions.
Minneapolis, MN: Alcohol Epidemiology Program,
University of Minnesota, 1997.
La Fond, C., Klaudt, K., Toomey, T., and Gehan, J. Model
Alcohol Ordinances. Minneapolis, MN: Alcohol
Epidemiology Program, University of Minnesota, 1998.
These two publications provide background information
on and sample ordinance language for 12 specific local
policy options for reducing youth access to alcohol.
Available on the Internet at http://www.epi.umn.edu/
alcohol/default.htp or contact: Alcohol Epidemiology
Program, School of Public Health, University of
Minnesota, 1300 South Second Street, #300,
Minneapolis, MN 55454-1015, 612-626-9070.
Resources on Environmental Prevention Strategiesfor
Preventing Alcohol -Related Problems:
Center for Substance Abuse Prevention, Environmental
Prevention Strategies: Putting Theory into Practice. Training
and Resource Guide. Rockville, MD: CSAP, 1999.
This guide includes a 30-minute video, research review,
and resource materials. It is an excellent tool for
introducing environmental prevention concepts and
strategies, including local land use/regulatory strategies,
to community groups and policy makers. Materials may
be ordered from NCADI via mail, fax, telephone, or e-
mail. Phone (toll free) 800-729-6686 to speak to an
information specialist, or write to The National
Clearinghouse for Alcohol and Drug Information, PO
Box 2345, Rockville, MD 20847-2345. Fax 301-468-
6433. E-mail: info@health.org
Marin Institute for the Prevention of Alcohol and Other
Drug Problems, The Alcohol Policy Slide Set Series:
Resources for Organizing and Advocacy, Mann Institute:
San Rafael, CA, 1997.
This compilation of six sets of scripted slides (with
topics including alcohol and violence, alcohol outlets and
community economic development, alcohol availability
regulatory options, and alcohol advertising) is an
additional resource for introducing environmental
strategies to community groups and policy makers.
Contact: Marin Institute, 24 Belvedere Street, San
Rafael, CA 94901, 415-456-5692.
This guide was written by James F. Mosher, J.D., of the Marin
Institute for the Prevention of Alcohol and Other Drug
Problems and Bob Reynolds of the Pacific Institute for
Research and Evaluation.
Prepared by
Pacific Institute
FOR RESEARCH AND EVALUATION
In support of the
OJJDP Enforcing the
Underage Drinking Laws Program
Pacific Institute for Research and Evaluation
11140 Rockville Pike, 6th floor
Rockville, 1ID 20852
(301) 984-6500
www.pire.org
ENVIRONMENTAL REVIEW:
The proposal is not subject to the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the
CEQA Guidelines, which provides that CEQA only applies to activity that results in direct or reasonably
foreseeable indirect physical change in the environment and for activity considered to be a project, respectively. The
amendment to the West Covina Municipal Code would not result in a physical change in the environment because it
would only revise development standards for alcohol sales within service stations.
Prepared by: Jo -Anne Burns, Planning Manager
Attachments
Attachment No. 1 - Ordinance No. 2474
Attachment No. 2 - Planning Commission Resolution No 20-6045
Attachment No. 3 - Sept. 22, 2020 Planning Commission Report
Attachment No. 4 - September 22, 2020 Planning Commission Minutes (Excerpt)
Attachment No. 5 - List of Type 20 and 21 ABC Licenses
Attachment No. 6 - Gas Stations with Convenience Stores
Attachment No. 7 - DOJ Report
CITY COUNCIL GOALS & OBJECTIVES: Engage in Proactive Economic Development
The Underage Drinking Enforcement
Training Center
www.pire.org/udetc
ORDINANCE NO. 2474
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA TO AMEND CHAPTER
26 OF THE WEST COVINA MUNICIPAL CODE TO
ALLOW ALCOHOL (BEER AND WINE) SALES AT
SERVICE STATIONS
WHEREAS, the City's provisions regarding alcohol uses were last updated in 2017; and
WHEREAS, the City currently does not allow alcohol sales at service stations; and
WHEREAS, on September 1, 2020, the City Council initiated a code amendment to
Chapter 26 (Zoning) of the West Covina Municipal Code related to the sale of alcoholic beverages
at service stations; and
WHEREAS, the Planning Commission, upon giving the required notice, did on September
22, 2020, conduct a duly advertised public hearing as prescribed by law to make recommendations
to the City Council to approve Code Amendment No. 20-07; and
WHEREAS, the City Council, upon giving the required notice, did on October 20, 2020,
conduct a duly advertised public hearing as prescribed by law on the proposed ordinance; and
WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and
determines that the proposed ordinance is statutorily exempt from the California Environmental
Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that
CEQA only applies to projects that have the potential for causing a significant effect on the
environment; and
WHEREAS, the City Council has duly considered all information presented to it,
including written staff reports and any testimony provided at the public hearing, with all testimony
received being made a part of the public record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 26-597 of the West Covina Municipal Code is hereby amended to
include the following use within the table, to be inserted consistent with alphabetical ordering:
M
M
M
M
R
R
F
IF
F
F
O
N
R
S
C
C
M
I
P
O
A
1
8
15
20
45
P
C
C
C
2
3
1
P
B
S
Alcohol off -sale,
service stations (see
c
c
c
c
c
c
art XH div. 15
SECTION 2. Section 26-664 of the West Covina Municipal Code is hereby amended to
read as follows:
(a) A service station shall not be established or maintained without faciles to pump gasoline.
(b) Garage, mechanical repair service not specifically mentioned in Section 26-663, including
but not limited to the following items are prohibited:
(1) Battery repair.
(2) Tire rebuilding or recapping.
(3) Painting.
(4) Body work.
(5) Steam cleaning or radiator repair.
(6) Transmission rebuilding.
(7) Motor repairs involving the removal of the head or crank case.
(6) sale f RIGA@& beverages
fd4 (c) Subleasing of floor space or site area except for any use specifically authorized by section
26-663, subparagraphs (a) through (i), (k) and (m).
SECTION 3. Section 26-685.103 of the West Covina Municipal Code is hereby amended
to read as follows:
An administrative use permit is required in specified commercial and manufacturing zones for any
business that sells alcohol for off -site consumption., except for service stations that sell alcohol
which requires a conditional use permit pursuant to Section 26-685.103.3.
SECTION 4. Section 26-685.103.3 is hereby added to Chapter 26 of the West Covina
Municipal Code to read as follows:
Sec. 26-685.103.3 Service Stations Selling Beer and Wine for Off -Premises Consumption
(a) Conditional Use Permit Required. Any service station located in specified commercial and
manufacturing zones may sell beer and wine for off -site consumption with a conditional use
permit. The sales of distilled spirits shall not be allowed.
(1) The site shall comply with all current development standards for service stations as
set forth in the West Covina Municipal Code including, but not limited to, the
minimum number of parking spaces prior to the approval of a conditional use permit
to allow off -sale of alcohol
(b) Unless otherwise noted, the following requirements shall apply to all gasoline service
stations selling beer and wine:
(1) Beer and wine sales shall only be allowed in convenience stores greater than 2,000
square feet in floor area.
(2) A maximum of ten (10) percent of the retail floor area shall be allowed for the display
and sale of alcohol Merchandize stacking shall not be included in the retail floor area
calculation when determining the maximum area for display and alcohol sales.
(3) The sale of beer in quantities fewer than three containers is prohibited and no
alcoholic beverage shall be sold in unit quantities less than the distributor's intended
resale units.
(4) No beer and wine shall be displayed within five feet of the cash register or front door.
(5) The advertisement of beer and wine shall not be permitted at motor fuel islands.
(6) Identification card reader is required to determine to the authenticity of the
identification that displays the age of the individual.
(7) No pay phone shall be permitted on the exterior of the premises.
(8) No beer and wine shall be sold from or dismayed in an ice tub.
(9) No coin operated video games or video entertainment machines shall be permitted
on the premises.
(10) Signage shall be posted in the parking lot and on the exterior of the budding
notifying persons that alcohol shall not be consumed on the premises.
(11) Signs shall be prominently posted, stating that California State Law prohibits the
sale of beer and wine to persons under the age of 21 years.
SECTION 5. Environmental Compliance. The City Council hereby finds that it can be
seen with certainty that there is no possibility the adoption and implementation of this Ordinance
may have a significant effect on the environment. The Ordinance is therefore exempt from the
environmental review requirements of the California Environmental Quality Act pursuant to
Section 15061(b)(3) of Title 14 of the California Code of Regulations.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of West Covina hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
SECTION 8. Certification The City Clerk shall certify to the passage of this Ordinance
and shall cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED on the day of , 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California,
do hereby certify that the foregoing Ordinance No. 2474 was introduced at a regular meeting of
the City Council held on the 20th day of October, 2020, and adopted at a regular meeting of the
City Council held on the day of , 2020, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO.2
PLANNING COMMISSION
RESOLUTION N0.20-6045
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF CODE AMENDMENT NO. 20-07, CODE
AMENDMENT RELATED TO ALCOHOL SALES AT SERVICE
STATIONS
CODE AMENDMENT NO.20-07
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
WHEREAS, on the I' day of September 2020, the City Council initiated a code
amendment to Chapter 26 (Zoning) of the West Covina Municipal Code related to the sale of
alcoholic beverages at service stations; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 22`h day
of September 2020, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, studies and investigations made by this Commission and on its behalf reveal
the following facts:
The City's provisions regarding alcohol uses were last updated in 2017.
2. The Municipal Code currently does not allow sales of alcohol at service stations.
3. It is necessary to revise the standards in order to allow service station convenience stores
to fairly compete with other small market and convenience stores which are allowed to
sell alcohol for off -site consumption.
4. The proposed action is exempt from the provisions of the California Environmental
Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that
the proposed action consists of a code amendment, which does not have the potential for
causing a significant effect on the environment.
Resolution No. 20-6045
Page 2
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION NO.1: The above recitals are true and correct and are incorporated herein as if set forth
herein in full.
SECTION NO.2: Based on the evidence presented and the findings set forth, Code Amendment
No. 20-07 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof, and that the public necessity, convenience, general welfare, and good
zoning practices require Code Amendment No. 20-07.
SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning
Commission of the City of West Covina hereby recommends to the City Council of the City of
West Covina that it approves Code Amendment No. 20-07 to amend Chapter 26 (Zoning) of the
West Covina Municipal Code as shown on Exhibit "A."
SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City
Council for their attention in the manner as prescribed by law and this Resolution shall go into force
and effect upon its adoption.
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 22a' day of September
2020, by the following vote.
AYES: Heng, Holtz, Jaquez, Kennedy, and Redholtz
NOES: None
ABSTAIN: None
ABSENT: None
Sheena Heng, Chairperson
Planning Commission
Mark Persico, Secretary
Planning Commission