A series of strange circumstances led the Davis Planning Commission to need to make a determination that the public convenience or necessity will be served by authorizing issuance of an alcohol license for Westlake IGA Market. The Commission did so by a 4-0 vote and added findings that there would be an enhanced economic viability of the neighborhood and such an issuance would not interfere with the enjoyment of the surrounding neighborhood.
All of this was necessary because of a bizarre ruling by the state’s Alcoholic Beverage Control board that had initially ruled the market as residing in a crime area making it eligible only for a conditional license.
However, Police Chief Landy Black explained that there was some miscommunication between the ABC and the police department. The department was apparently not aware of how the data would be used and the department does not compile data in a way meaningful for this sort of analysis. By breaking the city into four districts, Westlake was lumped in with large student housing areas just to the west of 113 and also along Sycamore. This distorted the data greatly and in fact, as the Chief pointed out, the Westlake area is one of the lowest crime areas in the city.
Previously he told the Vanguard,
“This is not an area fraught with a significant amount of crime of the nature generally associated with liquor licensees.”
At the State of the City Address, City Manager Bill Emlen suggested to the audience that the issue of Westlake had been resolved:
“Want to make clear what’s happening with DeLano’s right now is that they are opening on January 15 all looks good. The only issue that’s come up is with the Alcohol Beverage Control License–basically their ability to sell alcohol at their facility. ABC informed us in December that they needed to get an ABC permit. So we’ve been going through that process. If any of you have ever dealt with DMV on issues with cars, ABC is about the same… The Planning Commission [Wednesday] night is going to be acting on one of the archaic terms that they use–the public convenience and necessity permit for selling alcoholic beverages at the DeLano’s, and I see no roadblock there… Despite some of the turbulence that I’ve heard the last few days, as far as we know that’s full speed ahead.”
According to City Staffer Mike Webb, a principal planner, the ABC is now satisfied that this is not a high crime area and that they would no longer require only a conditional license.
Said Webb on Wednesday evening:
“We do not believe this is a high crime area or an area of concern.”
He went on to express support for the application and went further to recommend to the commission to consider passing a finding that ABC not impose restrictions on licensing. This was passed in a separate motion, both motions passed by 4-0 votes.
The issue of conditional license was not an academic finding either. Harley Delano, the owner of the market, who has run grocery stores for over 55 years, expressed again surprise for this process. He made a strong statement that he did not want either limits on the time that he could sell alcoholic beverages or the type of beverages that they could sell.
According to Mike Webb, the conditional license would place a number of stringent limitations on the sale of alcohol. First all beer and malt liquor would have to be sold in six packs and there would be no ability to mix and match. Second, wine could not be sold in quantities smaller than 750 ml. All coolers would have to be sold in four packs. There would be limitations on the time of sale from 7 am to 10 pm. Finally, there would be regulations on loitering, littering, and the consumption of liquor on the premises.
Of the regulations, the latter three would be adhered to regardless of the conditional or standard license issuance.
Mr. Delano told the commission:
“I don’t want to tell people what they can buy or what time they can buy it.”
He requested approval that does not put a conditional use on alcohol.
The commission voted 4-0 on both motions and expressed strong support for the new market and thanked DANG for their diligence in working to bring the market to West Davis as well as encouraged them to remain active.
From the Vanguard’s perspective, DANG and the community had to force the city to act strongly in order to make this market possible, however, from that time forward the city has done what was needed to insure that this market open in a timely and productive manner. It is obvious to all that West Davis needed a grocery store and the Westlake Shopping Center was in real danger without an anchor.
This is the best possible arrangement and I feel comfortable saying that if this store does not succeed, then we can safely conclude that no store could. There were a lot of people who never believed this day would come, that anyone would be interested in this spot, now we shall see if the efforts of so many will bear the fruit that we all expect.
The Westlake IGA Market is due to open on January 15, 2010. Stay tuned to the Vanguard for more updates as this date approaches.
—David M. Greenwald reporting
Anyone who has EVER dealt with the California Alcoholic Beverage Commission knows that the organization and the statues it operates under is archaic at best, bureaucratically-perverse at worst. The ABC generates favorable publicity by the “underage-purchase” stings it conducts, but otherwise is a completely dysfunctional agency. Our representatives across the causeway need to take a broom to the laws and administration of the ABC.
The liqour license issues appears to have been worked out, thanks to some nimble work by DANG, the DeLanos and the City. All appears on track for a gala opening on Jan. 15. Read an exclusive interview with new Westlake IGA Marget Store Manager Denice Harrington on the DANG website. It’s obvious the DeLanos have the formula for success. [url]http://www.davisdang.org[/url]