HomeMy WebLinkAbout2003 08-05 CC ADJ AGENDA PKTAGENDA OF AN ADJOURNED REGULAR MEETING
NATIONAL CITY CITY COUNCIL
CITY COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
TUESDAY — AUGUST 5, 2003 - 2:00 P.M.
OPEN TO THE PUBLIC
ROLL CALL
PUBLIC ORAL COMMUNICATIONS
1. PUBLIC HEARING: APPLICATION FOR A CONDITIONAL USE
PERMIT FOR THE SALE OF BEER AND WINE AT WAL-MART, AT
1200 HIGHLAND AVENUE (APPLICANT: LARRY THORNBURGH
FOR WAL-MART STORES, INCORPORATED) (CASE FILE NO.
CUP-2003-12)
2. RESOLUTION 2003-105: RESOLUTION REGARDING A
CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE
AT WAL-MART, AT 1200 HIGHLAND AVENUE.
(Applicant: Larry Thornburgh for Wal-Mart Stores, Inc.)
(Case File No. CUP-2003-12)
ADJOURNMENT
Regular City Council Meeting: August 5, 2003 at 6:00 p.m.
City Council Chambers, Civic Center
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 5, 2003
AGENDA ITEM NO. 1
ITEM TITLE PUBLIC HEARING - CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE
AT WAL-MART, AT 1200 HIGHLAND AVENUE (APPLICANT: LARRY THORNBURGH FOR WAL-
MART STORES INCORPORATED) (CASE FILE NO. CUP-2003-12)
os
PREPARED BY Roger Post, DEPARTMENT Planning
EXPLANATION
The City Council set this item for hearing at their July 15, 2003 meeting. The attached background report
describes the project in detail.
J
Environmental Review
X N/A Categorical Exemption
Financial Statement N/A
Account No.
STAFF RECOMMENDATION
Staff concurs with the decision of the Planning Commission.
BOARD / COMMISSION RECOMMENDATION
The Planning Commission approved the Conditional Use Permit.
Vote: Ayes - Carrillo, Flores, Baca, Martinelli, Reynolds
Nayes - Graham, Saludares, Alvarado Absent - Pruitt
ATTACHMENTS ( Listed Below )
1. Background Report
2. Planning Commission Resolution with findings
and conditions for approval
3. Findings for denial
A-200 (98i) Location Map
5. Police Department Comments and Crime Statistics
6. Letters from CoResolutionerties
7. Notice of Exemption
8. Application package
9. Applicant's Plans
BACKGROUND REPORT
The project site is the new Wal-Mart at the southwest corner of Highland and Plaza, in
CG zone. Construction is nearing completion, and the store is expected to be open for
business soon. The development includes a roughly 136,000 square foot building with an
attached 18,000 square foot outdoor nursery, located on the western half of the site. The
remainder will be paved, including over 600 parking spaces, and landscaped.
Previously, the property was developed with FEDCO, a large retail store which closed in
1999 and was since demolished. Although FEDCO offered alcohol products for sale,
there was no Conditional Use Permit (CUP) issued; FEDCO was in operation prior to the
CUP requirement for alcohol sales.
Wal-Mart proposes to sell wine and wine coolers for off -site consumption. Although
they do not expect to sell beer, they are requesting approval for both beer and wine (ABC
does not offer licenses just for the sale of wine). These items would be sold between 7
a.m. and 2 a.m., each day. Although not yet finalized, hours of operation for the store are
expected to be 24 hours a day.
The wine products are to be located on an aisle about 150-feet from the front entrance to
the store, as shown on the applicant's attached floor plan. Five vertical shelves along a
roughly 20-foot long by two -foot deep aisle section will be used for display; no
refrigerated product will be offered. The attached photos show the proposed appearance
of this area.
According to Alcoholic Beverage Control (ABC), there are three licenses for the sale of
beer and wine (type 20) available in the vicinity of Wal-Mart. Currently, four licenses
have been issued; creating an over -concentration as defined by ABC. They indicate
another license can be issued if the City approves the CUP, and finds that the use will
serve the public convenience and necessity.
The National City Police Department has recommend denial of the request (comments
attached). They note the property is in a high crime area according to their records, and
that the addition of alcohol sales could aggravate existing police problems. They also
note that another license will increase the existing over -concentration of licenses in this
area.
Several letters and handouts are also attached from various community groups in opposition
to the request. They too identify an existing over -concentration of alcohol availability in
this area, and express concern that another business selling alcohol products will lead to
increased crime. Findings for denial are attached in case the City Council determines the
license is unnecessary and will increase crime in area.
The nature of the Wal-Mart business, however, could minimize potential alcohol related
problems. For example, the size of the store and its typically busy condition, could
discourage people from visiting just to purchase alcohol. It is more likely that someone only
looking for alcohol will visit a more convenient location. The lack of chilled wines, along
with the fact that no beer is sold, should further prevent problems from on -site consumption
and loitering. In addition, large retailers such as Wal-Mart generally have strong
management in place who can ensure that alcohol sales are conducted properly. The
applicant has provided information detailing Wal-Mart's alcohol training program for its
cashiers (attached).
Standard conditions of approval as developed by the Planning and Police Departments are
attached. These include a condition limiting beer and wine sales to between 7 a.m. and
midnight; this is somewhat less than the applicant's request for sales until 2 a.m. Other
conditions limit the types and sizes of containers for alcohol products, and prohibit exterior
signage for alcohol products.
More recently, the applicant has been working with community members to determine
possible new and/or revised conditions to alleviate previous concerns. However, this
information was not available at the time this report was finalized. A handout outlining any
new information is likely to be made available at the City Council hearing.
RESOLUTION NO.21-2003
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR THE SALE OF BEER AND WINE
AT WAL-MART, AT 1200 HIGHLAND AVENUE
APPLICANT: LARRY THORNBURGH FOR WAL-MART STORES INCORPORATED
CASE FILE NO. CUP-2003-12
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for the sale of beer and wine at Wal-Mart, at 1200 Highland
at a duly advertised public hearing held on May 19, 2003, and continued to the meeting of June
16, 2003, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the staff reports
contained in Case File No. CUP-2003-12, maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
National City, California, that the testimony and evidence presented to the Planning Commission
at the public hearing held on May 19, 2003, and continued to the meeting of June 16, 2003,
support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the approximately
136,000 square foot Wal-Mart store has ample room available for the incidental sale of beer
and wine.
2. That the site has sufficient access to streets and highways that are adequate in width and
pavement type to carry the volume and type of traffic generated by the proposed use, since
the project site is developed with a large retail store and has adequate access available via
Highland Avenue and E. Plaza Boulevard, both arterials designed to carry a large volume of
traffic, and since the proposed sales are expected to result in a negligible increase in existing
traffic to the site.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since conditions of approval will limit the types and sizes of product that can be sold, and
prohibit loitering and drinking on the premises.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since the addition of beer ands wine sales will allow Wal-Mart to offer a complete
variety of products to its customers, similar to other existing large retailers.
5. That public convenience and necessity may be served by the proposed use of the property
for the retail sales of alcoholic beverages pursuant to law.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
1. This Conditional Use Permit authorizes the sale of beer an wine for off -site consumption at
Wal-Mart, at 1200 Highland Avenue. Except as required by conditions of approval, all
plans submitted for permits, associated with the project shall conform with Exhibit A and B,
Case File no. CUP-2003-12, dated April 16, 2003.
2. Permittee shall comply with all regulatory provisions of the Business and Professions Code,
section 25600 through 25667, currently in effect or as may be amended, regarding sales,
displays and marketing or merchandising of alcoholic beverages.
3. The sale of alcoholic beverages shall be prohibited between the hours of 12:00 a.m. and
7:00 a.m.
4. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or
similar size containers is prohibited.
5. No beer and malt beverage products shall be sold of less than six-pack quantities per sale.
There shall be no sale of single cans or bottles.
6. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters,
except for wine coolers. Wine coolers may be sold only by four -pack or other
manufacturer's pre -packaged multi -unit quantities.
7. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.
8. Permittee shall post signs on the exterior building walls in compliance with Chapter
10.30.070 of the National City Municipal Code. Additionally, the permittee shall post
signs, to be approved by the Planning Department, at each entrance to the applicant's
premises and parking lot, prohibiting loitering and consumption of alcohol on the premises
and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in
size, with lettering not less than one inch in height. The signs shall read as follows:
a. "No open alcoholic beverage containers are allowed on these premises."
b. "No loitering is allowed on or in front of these premises."
9. The consumption of alcoholic beverages is prohibited on the subject premises, and on all
parking lots and outbuildings and any property or adjacent property under the control of the
applicant.
10. All disposable cups and containers shall be sold at or above prevailing prices and in their
original multi -container packages of no fewer than 12, and no cups or containers shall be
given free of charge.
11. Ice may be sold only at or about prevailing prices in the area and in quantities of not less
than three pounds per sale. Ice shall not be provided free of charge.
12. The display of alcoholic beverages shall be limited to an area in substantial conformance
with Exhibits A and B, Case File No. CUP-2003-12, dated April 16, 2003.
13. Containers of distilled spirits may not be stored on the premises, after being sold to
patrons, for the purpose of later consumption.
14. The rear door(s) of the premises shall be kept closed at all times during the operation of
the business except in case of deliveries or emergencies.
15. Exterior advertising and signs of all types, promoting or indicating the availability of
alcoholic beverages, including advertising/signs directed to the exterior from within, are
prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to
the exterior, shall constitute a violation of this condition.
16. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other
commodities during the same period. The applicant shall at all times keep records which
reflect separately the gross sales of alcoholic beverages and the gross sales of all other
items. Said records shall be kept no less frequently than on a quarterly basis and shall be
made available to the City Finance Department and any Peace Officer of the California
Department of Alcoholic Beverage Control upon demand.
17. No coin operated amusement devices shall be operated on the licensed premises.
18. Before this Conditional Use Permit shall become effective, the applicant and the property
owner both shall sign and have notarized an Acceptance Form, provided by the Planning
Department, acknowledging and accepting all conditions imposed upon the approval of this
permit. Failure to return the signed and notarized Acceptance Form within 30 days of its
receipt shall automatically terminate the Conditional Use Permit. The applicant shall also
submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on
Real Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County. The Notice of Restriction shall provide information that
conditions imposed by approval of the Conditional Use Permit are binding on all present or
future interest holders or estate holders of the property. The Notice of Restriction shall be
approved as to form by the City Attorney and signed by the Planning Director prior to
recordation.
19. This permit shall become null and void if not exercised within one year after adoption of
the resolution of approval unless extended according to procedures specified in Section
18.116.190 of the Municipal Code.
20. This permit shall expire if the use authorized by this resolution is discontinued for a period of
12 months or longer. This permit may also be revoked, pursuant to provisions of the Land
Use Code, if discontinued for any lesser period of time.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the
day following the City Council meeting where the Planning Commission resolution is set for
review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that
City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning
Commission and set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
July 7, 2003, by the following vote:
AYES:
CARRILLO, FLORES, BACA, MARTINELLI, REYNOLDS.
NAYS: SALUDARES, ALVARADO, GRAHAM.
ABSENT: PRUITT.
ABSTAIN:
HAI AN
POSSIBLE FINDINGS FOR DENIAL
• 1. That the proposed use will have an adverse effect on adjacent or abutting properties,
since the additional availability of alcohol may lead to an increase in crime in what
is considered a high crime area, and since the area is already adequately served by
existing businesses that sell alcohol.
2. That public convenience and necessity is not served by a proposed use of the
property for the retail sales of alcoholic beverages pursuant to law.
1311 RM-3-PD ®\ '-
%/ ® �� ®' %
%% A ®j ®% 1a03 RM-3-PD
100 0 ` ' 00 200 p_
PROJECT SITE
ZONE BOUNDARY
LOCATION MAP
DRAWN:
5/1 /03
INITIAL
HEARING
5/19/03
NATIONAL CITY PLANNING
CUP FOR BEER AND WINF SAl ES AT 1200 HI2HLAND AVENUE
Charley Marchesano
From:
Sent:
To:
Subject:
Charley,
Ray Allen
Tuesday, June 10, 2003 10:33 AM
Charley Marchesano
FW: Information for Walmart
Here is the information from Mollie regarding the crime statistics for the area around Wal-Mart. Also included in her memo
are some rough numbers for the area from 1997 and 1998.
From the data gathered for an area of 2/10 of a mile radius from the proposed Wal-Mart and a 15 month period, there were
29 incidents involving alcohol. At this time, the National City Police Department, or any other Police Department in San
Diego County, does not have ability to determine if an offense is alcohol related, unless we read each individual report.
Mollie and Rosemary Kolanda are working on a special code for the report to determine if an incident is alcohol related.
We should have more information on that by the end of the month and after we develop criteria for the officers to use to
determine if an offense is alcohol related.
Original Message
From: Molli Knobbe
Sent: Friday, May 23, 2003 01:37 PM
To: Ray Allen
Subject: Information for Walmart
Lt. Allen -
I looked at the old monthly stat reports for reporting district 207 and here are the numbers I came up with.
1997: Part I crimes 115
1998: Part I crimes 88 (excludes September 1998)
This was the only resource that was available to retrieve this information.
Also I looked at the alcohol related arrests* for the surrounding area (2/10th of a mile radius search) around the
"proposed" Walmart for the period of January 1, 2002- April 30, 2003.
23152E VC 1
23152A VC 9
647(F)DK PC 17
647(FF) PC 2
Total: 29
*The above charges were considered the "highest charge" on the arrest reports.
Molli
City of National City
Police Department
1200 National City Blvd., National City, CA-996'6"',,-'°,
Phone: (619) 336-4400
April 29, 2003
TO: Charley Marchesano
Assistant Planner
FROM: A.L. DiCerchio Cam_
Chief of Police
NATIONAL CrJ v
"-.t 1VRlIi�IC r.) EPA
>1>ENT1'.
SUBJECT: Conditional Use Permit for Wal-Mart, 1200 Highland Avenue
Reference Conditional Use Permit number 2003-12, the National City Police Department
respectfully objects to the issuance of a Type 20 Off -Sale Beer & Wine license for Wal-
Mart, located at 1200 Highland Avenue, National City. This business is located within
National City Crime Reporting District Number 207.
The objection to the issuance of a Type 20 Off -Sale Beer & Wine license for this location
is based upon the provisions of Business and Professions Code 23958.4.
The National City Police Department Crime Analysis Unit has conducted a statistical
analysis of reported crimes and arrests in this reporting district. It has been determined
that this location is a designated a "High Crime Area" within the meaning. of Section
23958.4(a)(1) B&P. This Crime Reporting District has a 20% greater number of reported
crimes than the average number of reported crimes as determined from all crime reporting
districts in the City of National City. I called the ABC on 4-28-03 and their records
indicate the maximum number of ABC licenses allowed in this census tract is three.
There are currently four licenses in this census tract. Therefore, there is an "Undue
Concentration" within the meaning of 23958.4(a) B&P. Additionally and pursuant to
23958.4(b)(2) there is no showing that "Public Convenience or Necessity" will be served
by the issuance of this license. Conversely, there is evidence to support the contention
that "Public Convenience or Necessity" will not be served by the issuance of this license.
Finally, the issuance of a Type 20 Off -Sale Beer & Wine license will tend to aggravate
existing police problems in this immediate area.
The National City Police Department Crime Analysis report is attached. Should you
have questions, comments, or require additional information, please contact Lieutenant
Ray Allen at 336-4514.
ai Recycled Panel-
NATIONAL CITY POLICE DEPARTMENT
CRIME ANALYSIS UNIT
April 29, 2003
TO: Lt. Allen
FROM: Molli Knobbe
SUBJECT: ABC Report
Please see attached ABC Report for reporting district 207.
Thank you.
CITY OF NATIONAL CITY
ABC REPORT
JANUARY 2002- DECEMBER 2002
PART I CRIME & PART II ARREST REPORT
RD 207 TOTAL
CRIME TYPES
CRIMINAL HOMICIDE 0 0
FORCIBLE RAPE 1
ROBBERY 1
AGGRAVATED ASSAULT 8
BURGLARY 8
LARCENY 17
MOTOR VEHICLE THEFT 0
ARSON
CRIME TOTALS
38
TOTAL PART I CRIMES
ARREST TOTALS
ARREST TYPES
SIMPLE ASSAULT 2
169
OTHER PART II CRIMES CHILD & FAMILY 0 0
DEADLY WEAPONS 1
EMBEZZLEMENT 0
FRAUD 1
GAMBLING 0
2
MALICIOUS MISCHIEF 12
NARCOTICS 6
SEX CRIMES 0
FORGERY 0
OTHER NON -CRIMINAL
199
TOTAL PART II ARRESTS
REPORTING DISTRICT TOTAL = PART I CRIME + PART II ARREST 237
REPORTING DISTRICT AVERAGE (AGENCY/39 REPORTING DISTRICTS)
AGENCY WIDE TOTAL = PART I CRIME + PART II ARREST
REPORTING DISTRICT TOTAL AS % OF REPORTING DISTRICT AVERAGE
* 120% & ABOVE IS CONSIDERED HIGH CRIME AREA
141.5
5,661
167.5
Note: The citywide homicide and rape totals are incorrect. These numbers are being corrected in ARJIS.
4/29/03 NCPD CRIME ANALYSIS
TOTAL PART I CRIME & PART II ARREST FOR AGENCY
TOTAL REPORTING DISTRICTS
AVERAGE TOTAL PER REPORTING DISTRICT
*120% & ABOVE IS HIGH CRIME AREA
5,661
40
141.5
200
378
267.1*
201
73
51.6
202
113
79.9
203
204
205
206
208
133
121
202
199
158
94
85.5
140.6*
111.7
209
205
144.9*
210
285
201.4*
211
82
58
212
159
112.4
213
300
212.0*
214
240
169.6*
215
226
159.7*
216
0
0
217
163
115.2
218
131
92.6
219
84
59.4
230
179
126.5*
231
128
90.5
232
37
26.1
233
73
51.6
234
113
79.9
235
117
82.7
236
57
40.3
237
120
84.8
238
373
263.6*
239
39
27.6
240
69
48.8
241
108
76.3
242
113
79.9
243
158
111.7
244
77
54.4
245
88
62.2
246
111
78.4
247
52
36.7
248
160
113.1
4/29/03 NCPD CRIME ANALYSIS
CITY OF NATIONAL CITY
REPORTING DISTRICT 207
0
0
2
1
7
13
6
0
29
0
2
4
0
5
6
12
0
29
0
1
4
3
9
15
13
0
45
0
1
5
1
8
17
6
0
38
CRIME TYPES
CRIMINAL HOMICIDE
FORCIBLE RAPE
ROBBERY
AGGRAVATED ASSAULT
BURGLARY
LARCENY
MOTOR VEHICLE THEFT
ARSON
TOTAL PART I CRIME
ARREST TYPES
SIMPLE ASSAULT
3
2
7
3
OTHER PART II CRIMES
149
244
183
169
CHILD AND FAMILY
4
8
3
0
DEADLY WEAPONS
2
3
1
1
EMBF77LEMENT
2
0
1
0
FRAUD
0
1
1
1
GAMBLING
0
0
0
0
MALICIOUS MISCHIEF
0
0
1
2
NARCOTICS
12
14
13
12
SEX CRIMES
0
5
8
6
FORGERY
0
7
1
0
OTHER NON -CRIMINAL
2
13
3
6
TOTAL PART II ARREST
174
297
222
200
TOTAL
203
326
267
238
% AVERAGE BY REPORTING DISTRICT (207)
167.8
237.4
181.9
168.1
(120% OR ABOVE IS HIGH CRIME AREA)
Source of data: C.A.S.S./ ABC Report
City of National City — Planning Commission
June 16, 2003
Recommendation:
To deny the proposed conditional use permit (CUP) for the sale of beer and wine at the Wal-
Mart located at 1200 Highland Avenue.
Justification/Statistics:
• An additional alcohol license unnecessary in this area of National City
o Within '/2 mile radius of 1200 Highland Avenue, there are
currently 13 (Thirteen) active off sale alcohol licenses. (See
attached map).
o The proposed location to sell beer and wine at the Wal-Mart is on 1200
Highland Avenue and lies within the census tract 117.
o Specific nearby locations where consumers can purchase alcohol arc:
• 916 E. 8th Street National City, CA 91950. one block North
• 831 E. 8th Street, National City, CA 91950. one block north.
• 807 E.8`h Street, National City, CA 91950. one block north.
• Say -On Drug Stores, one block East on Plaza Blvd.
• 1220 E. Plaza Blvd., National City. CA 91950.
• 1420 E. Plaza Blvd., National City. CA 91950
o Census tract 117 currently has 4 existing off -sale alcohol licenses. ABC
indicates the maximum number of licenses allowed in this census tract is 3.
o Surrounding census tracts in National City are at their maximum limits for
off -sale alcohol licenses.
• An additional alcohol license will exacerbate crime in National City.
o The proposed location at 1200 Highland Avenue is in a high crime area
according to the Planning Department report.
o In 2001; the city of National City had 693 alcohol -related crimes (National City
Police Department, Crime Analysis Unit, 2002).
o Research studies have found that by adding a single alcohol outlet:
2.7 additional motor vehicle accidents occur (Scribner, 1999)
3.4 additional assaults occur (Scribner, 1999)
5% increase risk of murder (Roncek/Maier, 1991)
Increase violent crimes committed by youth (Alaniz/Parker, 1998)
Concerns:
1. The community feels there is no need for an additional license to sell alcohol in this
area of high crime and able accessibility.
a. What there is a need for is a grocery store, where local residents would like to
purchase their groceries and may therefore be a more positive manner in
increasing business.
2. An additional alcohol license has the potential to increase crime and may therefore....
a. Reduce resident quality of life, safety and security
b. Increase the need for police services
3. Who would absorb the added duty on Sunday nights, to patrol the parking lot of Wal-
Mart to enforce the No Loitering ordinance? The National City Police Department? Or
would Wal-Mart hire extra security for Sunday nights?
4. There is no evidence to support that the proposed CUP is deemed essential and
desirable to public's convenience or that it will not cause an adverse effect on abutting
or adjacent properties.
5. The community would like information on how Wal-Mart came to a conclusion that
they would like to sell alcohol here in National City. The other locations in South Bay
don't sell alcohol, and it does not affect their business.
ABC Offsite Outlets Within 1/2 Mile of National City Wal-Mart Site
0.25 0.125 0
0.25
Miles
0.5
Legend
r--'
I°II
Churches
ABC Off -Sale Outlets
Middle Schools
Elementary Schools
Major Roads
Streets
Parks
Wal-Mart 1/2 Mile Buffer
Wal-Mart Parcel
somgEgelm Freeways
TELESIS
Corporation
W
N
S
E
Cartography by
Scott A. Shepard
GIS Programmer/Analyst
TELESIS Corporation, (c) 2003
Frank Lopez
Program Coordinator
National City ATOD
June 11, 2003
City of National City
Planning Commission Department
1234 National City Blvd.
National City, CA 91950
SUBJECT: CUP 2003-12 — Conditional Use Permit (CUP) for the sale of beer and
wine at Wal-Mart, at 1200 Highland Avenue, National City.
Dear Planning Commission,
On behalf of the National City Alcohol, Tobacco and Other Drugs Coalition, I am writing
to respectfully object to the issuance of the Type 20 Off Sale Beer & Wine license for
Wal-Mart, located at 1200 Highland Ave. National City, CA 91950.
There are no findings to support the claims, "That the proposed use is deemed essential
and desirable to the public convenience or welfare". Furthermore, the findings by the
National City Police Department show that additional licenses will exacerbate crime in
National City. Please see attached recommendations, justifications and concerns.
If you have any questions or need additional information regarding this document, Please
feel free to contact me at Kimball Family Resource Center, 304 W. 18th Street, National
City, CA 91950, (619) 336-8337, or e-mail flopez 0,csbes.ore,.
Thank you,
opez
ATOD Program(t 6ordinator
1124 Bay Boulevard, Suite D • Chula Vista, California 91911
Tel: 619.420.3620 ° Fax: 619.420.8722
74 hr. Noiline800.640,2:'33
City of National City — Planning Commission
June 16, 2003
Recommendation:
To deny the proposed conditional use permit (CUP) for the sale of beer and wine at the
Wal-Mart located at 1200 Highland Avenue.
Justification/Statistics:
• An additional alcohol license unnecessary in this area of National City
o The proposed location to sell beer and wine at the Wal-Mart is on 1200
Highland Avenue and lies within the census tract 117.
o Currently there are active off sale alcohol licenses surrounding the Wal-
Mart at 1200 Highland Avenue..
o Specific nearby locations where consumers can purchase alcohol are:
• 916 E. 8th Street National City, CA 91950, one block North
• 807 E.8th Street, National City, CA 91950, one block north.
■ Say -On Drug Stores, one block East on Plaza Blvd.
• 1220 E. Plaza Blvd., National City, CA 91950.
▪ 1420 E. Plaza Blvd., National City, CA 91950
o Census tract 117 currently has 4 existing off sale alcohol licenses.
ABC indicates the maximum number of licenses allowed in this census
tract is 3.
o Surrounding census tracts in National City are at their maximum limits
for off -sale alcohol licenses
An additional alcohol license will exacerbate crime in National City.
o The proposed location at 1200 Highland Avenue is in a high crime area
according to the Planning Department report.
o In 2001, the city of National City had 693 alcohol -related crimes (National
City Police Department, Crime Analysis Unit, 2002).
o Research studies have found that by adding a single alcohol outlet:
2.7 additional motor vehicle accidents occur (Scribner, 1999)
3.4 additional assaults occur (Scribner, 1999)
5% increase risk of murder (Roncek/Maier, 1991)
Increase violent crimes committed by youth (Alaniz/Parker, 1998)
Concerns:
1. The community feels there is no need for an additional license to sell alcohol in
this area of high crime and able accessibility.
a. What there is a need for is a grocery store, where local residents would
like to purchase their groceries and may therefore be amore positive
manner in increasing business.
2. An additional alcohol license has the potential to increase crime and may
therefore....
a. Reduce resident finality of life, safety and security
b. Increase the need for police services
3. Would the National City Police Department absorb the added duty on Sunday
nights to patrol the parking lot of Wal-Mart to enforce the No Loitering
ordinance, or would Wal-Mart hire extra security for Sunday nights?
HANDOUT
ITEM NO. 5
May 19, 2003
May 19, 2003
TO: City of National City, Planning Commission Department
FROM: Frank Lopez, South Bay Community Services — ATOD National City
SUBJECT: Conditional Use Permit for Wal-Mart, 1200 Highland Avenue Item no. 5
CUP 2003-12 — Conditional Use Permit (CUP) for the sale of beer and wine at Wal-Mart,
at 1200 Highland Avenue, National City.
Dear Planning Commission,
I am writing to respectfully object to the issuance of the Type 20 Off Sale Beer & Wine
license for Wal-Mart, located at 1200 Highland Ave. National City, CA 91950. There are
no findings to support the claims, "That the proposed use is deemed essential and
desirable to the public convenience or welfare". Furthermore, the findings by the
National City Police Department show that additional licenses will exacerbate crime in
National City.
Recommendation:
To deny the proposed conditional use permit (CUP) for the sale of beer and wine at the
Wal-Mart location on Highland Avenue.
Justification:
e An additional alcohol license is unnecessary in this area of National City
o The proposed location to sell beer and wine lies within census tract
117, which is an over concentrated area.
o State Office of Alcohol Beverage Control (ABC) has indicated there
are 3 licenses available in the vicinity. Currently there are 4 licenses to
sell beer and wine in the area.
• Specific nearby locations where consumers can purchase alcohol are:
o Wilson Liquor, 916 E. 18th Street National City, CA 91950, one block
North
:Wirth boy community ser c,tx:a;
1124 Bay Boulevard, Suite D Chula Vista, California 91911
Tel: 619.420.3620 Fax: 619.420.8722
24 h.. Hotline: 800.640.2933
o Dakota Inn, 831 E. 8th Street, National City, CA 91950, one block
North next to 7/11.
o Seven -Eleven (7/11), 807 E.8th Street, National City, CA 91950, one
block North.
o Say -On Drug Stores, one block East on Plaza Blvd.
o Smart & Final, 1220 E. Plaza Blvd., National City, CA 91950.
o Sea food City, 1420 E. Plaza Blvd., National City, CA 91950.
All Location are within Walking distance of the Wal-Mart Proposed site
• Adjacent to proposed land use:
o North — Across E. Plaza Blvd. is Central Elementary School
o East — South Bay Playa, Smart & Final, Sea Food City and Say -On
Drugs
o West - Single family homes, condominiums and Senior Towers.
o South — Retail stores
If you have any questions or need additional information regarding this document, Please
feel free to contact me at Kimball Family Resource Center, 304 W. 18th Street, National
City, CA 91950, (619) 336-8337, or e-mail flopezOcs€bcsorg.
Thank you,
Frank Lopez
ATOD Pro
dinator
Mail P.O.Box 2830 2605 Highland Ave. National City, CA 91950 619-434-5854 E-mail: setfreesdl@yahoo.com
June 16, 2003
RE: The Sales of Alcohol at Ws1-mart
To Whom it May Concern:
HANDOUT
ITEM NO. 6
June 16, 2003
We here at Set Free- San Diego are opposed to the sales of Alcohol in the area.
According to Police records we are located in a high crime area and we feel that this
would just add to it. We also feel that there is already an abundance of stores that sell
Alcohol in the area. We feel that the community would benefit by having more grocery
stores in place of the alcohol stores. Due to the reasons listed above, we are opposed to
the new Wal-mart on Highland selling alcohol.
I have included some information about who we are and what we do. We are a
non-profit organization, and we have a proven track record with the police department,
the courts, as well as with probation/parole in the San Diego area.
If you should have any questions, or desire any further information, please
free to contact us at (619) 434-5854.
Sincerely,
on Cabrera, Pastor
Set Free Ministries
SET FREE MINISTRIES
MEETING TIMES
San Diego Central
2605 Highland Ave. Nat'l City
Sunday 12:30 AM
Wednesday 6:00 PM
(619) 434-5854
Logan/Lincoln Heights
1045 29th St., Logan Hts.
4931 Logan Ave., Lincoln Hts
Sun/Lincoln Hts. 6:30 PM
Wed/Logan Hts. 5:30 PM
(619) 232-0742
Set Free Discipleship
Training Center
18985 Hwy. 94
Dulzura, CA 91917
(619) 468-6901
Linda Vista
Sunday 6:00 PM
6866 Linda Vista Rd.
(858) 277-7078
Oceanside
Saturday 7:00 PM
101 Stallion Dr., San Luis Rey
(760) 757-2722
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Discipleship
Training
Program
Set Free Ministries
PO Box 2830
2605 Highland Ave.
National City, CA 91950
Phone/Fax:
(619) 434-5854
Email:
setfreesdl@yahoo.com
Website:
www.setfreesd.20m.com
Pastor Jon Cabrera
PURPOSE & INTENTION OF
THE DISCIPLESHIP PROGRAM
The Set Free Discipleship Program is
established to help individuals who have
been overwhelmed by life crises. These in-
clude drug addiction, alcoholism,
homelessness, criminal behavior, and a lack
of discipline and purpose in their lives.
We have seen the need to help them
rebuild their lives by showing them how
Jesus Christ can overcome anything life
throws at them. We all need Christ to be the
head of our life. We try to teach them the
discipline they will need when they are faced
with temptation; to help them make the right
decision instead of the easy. one.
We teach a work ethic so that they might
become the people that God would have
them to be, using the principles God has
shown us in the Bible, and by being ex-
amples of the Jesus that dwells in us.
Individuals live in a protected
environment, away from daily temptations. It
is here that they develop a one-on-one rela-
tionship with the Lord that will lead them to
a victorious life.
Our vision is to train men and women to
be leaders in their churches and
communities, to see them reenter society as
productive individuals
Phases of the Program
The Discipleship Training Program is
comprised of 4 phases that build upon
each other into a comprehensive whole.
All phases are in-house, fully supervised,
live-in residences. We offer 6-month and
1-year programs, according to need.
Some individuals will choose to remain
in ministry as overseers and leaders, to
give back to the Lord what they have
received; to help others overcome the
same crises they themselves have
overcome.
Phase I: Training Center in Dulzura
The Training Center is designed to assist
those struggling with substance abuse or other
life -controlling problems. It allows them to
separate themselves from their old lives, old
neighborhoods, and old friends in order to
begin their focus on God, and who He is in
their lives. This phase lasts 60 days. During
this time, residents are placed on a daily work
and Bible study regimen, as well as receiving
spiritual, Biblical counselling. Residents can
send and receive mail, but phone calls and
visits are not allowed (except to parole officers
and court officials). If they leave the property
without permission, they leave the program.
Phase II: Set Free Logan Heights
In Phase II, residents are required to study
the Bible. This helps form positive character
development based on Biblical principles, as
well as allowing the individual to continue to
isolate from the influences of their former life-
style (even though they are back in the city).
The daily work schedule allows for a balance
of spiritual study and positive work habits.
This phase lasts 60 days. They may be asked
to work outside the residence, and this is a part
of their reintroduction into the community. Be-
ing responsible is crucial to recovery.
Phase III: Set Free Linda Vista
During this phase, our residents are encour-
aged to seek employment after their first 30
days here. This enables the individual to begin
the transition to productivity, to become a ben-
eficial part of society, and to start the process
of reconciliation with their family. We strongly
encourage the individual to continue living
within the program, to receive support and
supervision. Continued residency will help
them save money to pay off past debts and
restitution, as well as purchasing a vehicle,
renting an apartment, and other needs to return
to the working world. This phase lasts a mini-
mum of 60 days. At the end of this time, we
will counsel with the individual to evaluate
whether more time is needed. If so, they can
remain with us.
Phase IV: Outside Support
• We offer residential work programs in our
3 ministry Work Homes, where they will
be responsible for their own job & bills;
• We offer Pastor's School for those with a
desire for full-time ministry;
• We train disciples for employment
through our Landscaping Ministry &
with other businessmen & women;
• We have a Women's & Women with
Children's Discipleship Ranch;
• We have Tammy's House for women
after they complete the ranch.
Who benefits? Anyone desiring to
make a positive life-style change by
building on a solid foundation in the
Lord Jesus Christ. Anyone who is will-
ing to do whatever it takes to achieve a
Christ -centered existence through the
teachings of the Bible.
San Diego benefits by this transfor-
mation in people's lives through lower
crime rates, fewer persons in the court
system and in jail, and by increases in
tax revenues because they are now
employed
Set Free Ministries began 20 years
ago, in Anaheim, CA working with me
and women, and families, who suffere
from the adverse effects of destructive
and dysfunctional life-styles. We believe
anyone wishing to partner with us in
our efforts will be rewarded in the
knowledge that they are helpingus
make a difference. We are non-profit,
and all donations are
tax-deductible. Please 66,\11 e
contact us if you have,
any questions.
24/7 ,
Sincerely,
Jon Cabrera, Pastor 0./ eo�
Set Free Ministries
HANDOUT
ITEM NO.6
June 16, 2003
,f�n JA6Nt l J 1ve t �a y ,s4114),e &st ek,4h
4222 Eta Street San Diego, CA 92113
Mail: P.O. Box 326 National City, CA 91950
Tel. (619) 264-5384 * Fax 619-470-6362
June 12, 2003
Planning Commission Department
National City
I am respectfully writing to you on behalf of the seven hundred and thirty-five members of our
congregation and of this community regarding the issue CUP 2003-12 — Conditional Use Permit
(CUP) for the sale of beer and wine at Wal-Mart, at 1200 Highland Avenue, National City.
The Health Department of the church is very concern about this petition; it is well known the
close relationship between alcohol and high crime rates, domestic violance, car accidents, sexual
assaults and a unsafe community. A close look at the plan tract 117 will show that there are
many other stores already selling alcholol in the neighborhood. As a church and part of this
community we strongly recommend to deny the proposed conditional use permit (CUP) for the
sale of beer and wine at the Wal-Mart location on Highland Avenue.
Thank you for caring for the welfare of your voting constituency.
Your thoughtful consideration in this matter all be greatly appreciated.
Sincerely,
Yohalmo Saravia
Senior Pastor.
Paradise Valley Hospital
®Adventist
Health
June 11, 2003
Planning Commission
City of National City
1243 National City Blvd.
National City, CA 91950
2400 East Fourth Street
National City, CA 91950
Tel 619-470-4321
Dear Planning Commission Committee:
On behalf of Paradise Valley Hospital's Partners for Prevention, a community coalition
addressing safety and security issues in the city of National City since 1991, we advocate
for the denial of the Wal-Mart type 20 liquor license. (1200 Highland Avenue)
Our coalition's study of the neighborhood area in which Wal-Mart is located denotes a
history of high crime activity, as stated by the National City Police Department.
Additionally, the census tracts 117, which encompass that neighborhood area, currently
has 4 existing off -sale alcohol license; State Alcohol and Beverage Control indicates the
maximum number of licenses allowed in this census tract is 3 indicating an
overabundance of alcohol availability. The latter has increased the possibilities of harm,
assault, youth substance abuse related violence and poor business practice in this area of
the community. Our Hospital's Emergency Room is seeing an average of 30 cases per
month that are alcohol related; this latter has caused a definite strain on our Hospital's
resources. A proactive City strategy to limit availability would be of economic benefit to
all entities, not just ours.
Therefore, on behalf of Paradise Valley Hospital and Partners for Prevention, we urge
Planning Commission to deny this CUP to Wal-Mart for the purpose of preserving the
health, safety and city image of National City.
Sincerely,
-PaPk-cu
Dana Richardson
Manager
City of National City
Planning Department
1243 National City Blvd., National City, CA 91950 (619) 336-4310
ROGER G. POST - DIRECTOR
NOTICE OF EXEMPTION
TO: County Clerk
County of San Diego
P.O. Box 1750
1600 Pacific Highway, Room 260
San Diego, CA 92112
Project Title:
Project Location:
Contact Person:
Conditional Use Permit for the sale of beer and wine at Wal-Mart, at 1200
Highland Avenue
Southwest corner of Highland Avenue and E. Plaza Boulevard
Charley Marchesano Telephone Number: (619) 336-4310
Description of Nature, Purpose and Beneficiaries of Project:
Conditional Use Permit to allow the sale of beer and wine for off -site consumption at Wal-Mart.
Applicant Name and Address:
Larry Thornburgh, Nasland Engineering
4740 Ruffner Street
San Diego, CA 92111
Exempt Status:
►1
Telephone Number: (858) 292-7770
Statutory Exemption.
Categorical Exemption.
Not a project as defined in Section 15378 of CEQA
Not subject to CEQA (Sec. 15061b3)
Reasons why project is exempt:
No construction or expansion is proposed with the project. The proposal will have no
foreseeable effects on the environment.
Date:
Charley Marchesano
Assistant Planner
Rrr
APPLICATION for
xxx
NATIONAL CITY, CALIFORNIA
Conditional Use Permit
Planned Development
Permit
Planned Unit
Development Permit
Make checks payable to the City of National
City
File application with the:
National City Planning Department
1243 National City Boulevard
National City, California 91950
(619) 336-4310
PLEASE DO NOT USE BLUE INK WHEN
COMPLETING THIS FORM
FOR DEPARTMENT USE ONLY
Case Number n.) P
Filing Fee $ J/ Receipt No.
Date Received 9)1(4° 5 By
E.A.F. Required ' Fee $
Related Cases
LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space)
See attached Exhibit "A"
PROPERTY LOCATION Near the southwest corner of Plaza Boulevard and Highland Avenue.
No.
Street
between and
COMBINED GENERAL PLAN/ZONING DESIGNATION General Commercial
Conditional Use/Planned Development/Planned Unit Development Permit Application
Revised December, 1998
Page 1 of 4
REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned
Development Permit (Chapter 18.126), or Planned Unit Development Permit
(Chapter 18.30) to use the above described property for the following purposes:
Chapter 15.60
(1) Conditional Use Permit for off -sale beer and wine (Type 20 License).
PROPERTY OWNER(S) of all property included in this application:
(Attach extra sheets if necessary).
Name: WAL-MART REAL ESTATE
BUSINE
Signature
(Signature acknowledges that this
application is being filed)
Name:
Signature
(Signature acknowledges that this
application is being filed)
Address: 2001 S.E. 10th Street Address:
Bentonville, AR 72712
Phone No. 479/ 273-4000 Phone No.
Fax No. 479/ 273-8380 Fax No.
Date: $// (o/D a` Date:
Conditional Use/Planned Development/Planned Unit Development Permit Application
Revised December, 1998
Page 2 of 4
8-23-02; 12:O9PM;GRESHAM, SAVAGE
;9098882120 ,. 2/ 2
APPLICANT
Name: Larry Thornburgh
(Please .e or print)
Signature:
ignature erti`.ies v at th formation submitted with this
application is true and accurate to the best of applicant's knowledge).
Address: Nasland Engineering
4740 Ruffner Street
San Diego, CA 92111
Phone No. 858/ 292-7770
Fax No. 858/ 571-3241
Date:
A L ► �� N ►RCN b
(9 ) g1--i -21 71
(qo') 2'S 57,/Z C IG
Conditional Use/Planned Development/Planned Unit Development Permit Application
Revised December, 1998
Page 3 of 4
JUSTIFICATION
Section 18.116.020 of the National City Municipal Code states that before any conditional use
permit, planned development permit or planned unit development permit is granted, the applicant
must show the existence of the following facts:
1. That the site for the proposed use is adequate in size and shape; and
2. That the site has sufficient access to streets and highways that are adequate in
width and pavement type to carry the quantity and quality of traffic generated by
the proposed use; and
3. That the proposed' use will not have an adverse effect upon adjacent or abutting
properties; and
4. That the proposed use is deemed essential and desirable to the public convenience
or welfare.
The above findings must be incorporated into each staff report for a Conditional Use Permit,
Planned Development Permit or Planned Unit Development Permit presented to the decision
making body. Each of the findings must be found to exist. As the applicant, you are not required
to provide justification of these findings; however, the information can be useful to Planning
Staff when compiling their report. Please provide any additional information which may be
helpful when considering the application.
[See attached for explanation]
Conditional Use/Planned Development/Planned Unit Development Permit Application
Revised December, 1998
Page 4 of 4
JUSTIFICATION
1. The 14.62 acre site is rectangular in shape and provides for a parking field in front of and
on both sides of the retail store. The site is conducive to retail sales with a rear truck
dock and ample truck turn -around space.
2. The two proposed entrances on Highland Avenue and Plaza Boulevard are adequate to
convey traffic to and from the site. Both streets are adequate in width and pavement type
to carry the volume and type of traffic generated by the proposed use.
3. The off -site sale of beer and wine is an accessory use to the sale of general merchandise
within the 135,433 square foot store. The display area for beer and wine includes 20
linear feet of display and constitutes approximately .001% of the floor area. Because the
inventory of alcoholic beverages will be limited to wine and wine coolers, and because
the store is so large, it is unlikely customers will shop at Wal-Mart to purchase alcohol
only. However, Wal-Mart customers will find the purchase of wine, along with other
general merchandise, a convenience. Because customers are less likely to go to Wal-
Mart to purchase only wine, because Wal-Mart does not refrigerate its wine or wine
coolers, and because of the traffic and lighting in the parking lot, it is unlikely that
customers will use the parking lot to drink alcoholic beverages on site. Therefore, the
addition of beer and wine to the inventory of gerieral merchandise is unlikely to have an
adverse effect on properties adjacent and abutting the site.
4. The sale of beer and wine as an accessory to the sale of general merchandise at Wal-Mart
is a convenience to the customer. Wal-Mart provides for alcohol sales in a clean, well
lighted, well maintained environment, predominantly focused on the sale of general
merchandise. The parking lot is also well lighted and carefully designed to accommodate
direct customer access and provide safe and convenient parking for customers.
LEGAL DESCRIPTION
THAT PORTION OF 10 ACRE LOTS 12, 13 AND 14 IN QUARTER SECTION 154 IN RANCHO DE
LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY MORRILL AND FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID 10 ACRE LOT 12; THENCE
WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF 40.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID
SOUTHERLY LINE TO THE SOUTHEAST CORNER OF THE WESTERLY 20.00 FEET OF THE
EAST HALF OF THE WEST HALF OF SAID 10 ACRE LOT 12; THENCE NORTHERLY ALONG
THE EASTERLY LINE OF SAID WESTERLY 20.00 FEET AND ALONG THE EASTERLY LINE OF
THE WESTERLY 20.00 FEET OF THE EAST HALF OF THE WEST HALF OF SAID 10 ACRE LOT
13 TO THE NORTHERLY LINE OF THE SOUTHERLY 40.00 FEET OF SAID 10 ACRE LOT 13;
THENCE WESTERLY ALONG SAID NORTHERLY LINE 5.00 FEET TO THE EASTERLY LINE OF
THE WESTERLY 15.00 FEET OF THE EAST ONE-HALF OF THE WEST ONE-HALF OF SAID 10
ACRE LOT 13; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE MOST
SOUTHERLY CORNER OF LAND CONVEYED TO SUMNER NORMAN STOWE, ET UX, BY
DEED DATED OCTOBER 27, 1954 AND RECORDED IN BOOK 5430, PAGE 218 OF OFFICIAL
RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LAND 155.00 FEET
TO THE MOST EASTERLY CORNER OF SAID LAND; THENCE NORTHERLY ALONG THE
EASTERLY LINE OF SAID LAND, 209.00 FEET TO THE SOUTHERLY LINE OF THE NORTH
165.00 FEET OF SAID 10 ACRE LOT 14; THENCE EASTERLY ALONG SAID SOUTHERLY LINE
20.00 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO MARGARET DUVALL
BY DEED DATED DULY 28, 1941 AND RECORDED IN BOOK 1208, PAGE 493 OF OFFICIAL
RECORDS; THENCE NORTH 19°00' WEST ALONG THE EASTERLY LINE OF SAID LAND
165.00 FEET TO THE NORTHERLY LINE OF SAID 10 ACRE LOT 14; THENCE EASTERLY
ALONG SAID NORTHERLY LINE TO THE NORTHEAST CORNER OF THE WEST HALF OF THE
EAST HALF OF SAID 10 ACRE LOT 14; THENCE SOUTHERLY ALONG THE EASTERLY LINE
OF THE WEST HALF OF THE EAST HALF OF SAID 10 ACRE LOT 14 TO THE NORTHERLY
LINE OF SAID 10 ACRE LOT 13; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO
THE NORTHWEST CORNER OF THE EASTERLY 40.00 FEET OF SAID 10 ACRE LOT 13;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF THE EASTERLY 40.00 FEET OF SAID
10 ACRE LOTS 13 AND 12 TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN CENTER CITY PROJECT,
ACCORDING TO MAP THEREOF NO. 8807, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY.
EXHIBIT "A"
DFT.FGATION OF SIGNATURE AUTHORITY
I Paul R. Carter, being a Executive Vice President of Wal-Mart Stores, Inc. (The
"Corporation"), do, pursuant to Section 7 of Article VII of the By -taws of Wal-Mart Stores, Inc.
hereby delegate to Robert Bedard a*lthority to execute all instruments requiring execution by the
Corporation, in connection with the purchase, sale or leasing of real estate or the construction
thereon, including but not limited to all contracts, checks or demands for money, notes, bonds or
other obligations, and mortgages on behalf of Wal-Mart Stores, Inc. or Sam's Club (a division of
Wal-Mart Stores, Inc.), or Wal-Mart Realty (a division al -Mart Stores, Inc.).
Subscribed and sworn before me this 1-11-11. day of
My commission expires-A.02 -01-08
+h.
[Notary Seal]
ODMPAPCDOCSILECALN2a471
W418
Paul R Carter
Executive Vice President
Wal-Mart Stores, Inc.
OFFICIAL SEAL
KIMBERLY S. VASKE
NOTARY PUBUC - ARKANSAS
BENTON COUNTY
My Commission Expires O2.OI-�
_ 1. I' -
Wal-Mart, National City
Corner of Plaza Boulevard and Highland Avenue
Project Description
The proposed Conditional Use Permit is for the sale of beer and wine at the
National City Wal-Mart, a community retail shopping store on approximately 14.62
acres, located at the southwest corner of Plaza Boulevard and Highland Avenue.
The CUP will provide for the sale of wine and wine coolers pursuant to a off -sale
type 20 (beer and wine) license to be issued by the ABC. The off -sale of beer and wine
within the 160,399 square foot store will not detrimentally affect nearby properties. The
display area for beer and wine includes 20 linear feet of display (approximately 40 square
feet of floor space, and approximately 200 square feet of shelf space). This sales area
constitutes less than three one -hundredths of a percent of the total floor space (.03%).
Please see the floor plan, identifying the alcohol display and storage areas with an
enlargement of the alcohol display area, attached.
Wal-Mart has implemented an alcohol sales training program called Techniques
of Alcohol Management ("TAM"), which is required training for all cashiers and
managers. The training program focuses on recognizing and preventing any sales of
alcohol that may be detrimental to the public welfare (i.e., the sale of alcohol to minors,
and intoxicated persons). Wal-Mart recently submitted the TAM for certification to the
California Coordinated Council of Beverage Service (the group authorized by the ABC to
certify training programs for the sale of alcohol).
Alcohol is proposed for sale at the Wal-Mart between the hours of 7 a.m. and 2
a.m. (as required by state statute).
N:\W588\001 \Doc\Proejct Description.doc
August 9, 2002
Robert E Carter
Gresham, Savage, Nolan & Tilden, LLP
600 N Arrowhead Avenue, Suite 300
San Bernardino, CA 92401-1148
Dear Bob,
AUG 1 2 Z002
GRESHAM, SAVAGE, NOLAN
& TILDEN, LLP
Upon final review of your alcohol program, your program has been
approved by the Standards Committee of the California Coordinating
Council on Responsible Beverage Service (C3RBS) as meeting
voluntary RBS training standards for off -premises -basis awareness.
The effective date of approval is the 26th of July, 2002. Your program
will be recognized for two years, or until July 26, 2004. At that time,
you must submit a renewal application in order to continue being
recognized as a C3RBS certified program.
If you have any questions, please give me a call.
Sincerely,
dith L. (Ashley
Corporate Secretary
JLA/s
California Coordinating
Council on Responsible
Beverage Service
PO Box 255064
Sacramento, CA 95865
(916) 444-9807
fax: 444-6478
Alcohol Management Les
Page 1 of 5
alcohol management lesson
Introduction
There is a lot of concern about alcohol abuse in today's society. As retailers of alcoholic beverages,
we have a responsibility to learn how to handle alcohol sales legally and minimize the problems faced
in refusing an alcohol sale. Only a small group of abusers cause alcohol -related problems, so limiting
everyone's right to buy alcohol is not the answer. By learning when to sell and when not to sell, we
are helping to control alcohol abuse while generating profitable alcoholic beverage sales.
Laws and Issues of Alcohol Sales
There are many laws and issues to be familiar with when selling alcohol. Some alcohol laws are set by
the Federal Government and others are state laws or local ordinances. All of them exist for good
reasons and carry penalties if they are broken. It can be difficult to determine if a Customer is of legal
age or intoxicated. It can be even more difficult to refuse an alcohol sale to an insistent Customer,
especially when there is a line of waiting Customers. Always remember, no problem is an excuse to
break the law or violate Company policy.
In certain states it may be illegal for you to sell alcohol if you are not of legal drinking age. If you are
underage, call a member of Management who meets the minimum legal age requirement to ring up
alcohol sales.
When selling alcohol you may have to deal with problems such as:
• Underage Customers with false I.D.'s,
• Intoxicated Customers,
• Legal Customers attempting to buy alcohol for underage Customers or Second Party sales, and
• Customers attempting to buy alcohol during off -hours.
Other problems that occur'less frequently are drinking in the store and alcohol theft.
Scanning
After scanning an alcoholic beverage, a prompt appears on your register display.
Alcohol Management Les
Page 2 of 5
Press [TOTAL] to
void the sale for an
underage Customer.
I
CI)
IS CUST 21? Verify legal age by making sure ti-
03115/74 Customer was born before the da
) [TOTAL] NO shown on the display screen.
[ENTER] YES
I.
Press [ENTER] to continue the sale
if the Customer is of legal age.
If Customers do not meet the legal age requirement, the following prompt will be displayed:
SALE NOT
ALLOWED
PRESS
[CLEAR]
The sale of alcohol may also be restricted in your store on certain days or at certain times, depending
on state laws. Your register display screen will alert you to these restrictions.
Techniques of Alcohol Management (T.A.M.)
All Associates involved in the sale of alcoholic beverages must successfully complete an alcohol
training program called "Techniques of Alcohol Management", or T.A.M. This program consists of
twoosstteepthat are identified by key words to help you recall them when needed. They are "SIR" and
"SIR"
"SIR" or Size -Up, Interview and Rate will help you recognize a problem:
1. First, Size Up or study your Customer and the situation to decide whether to sell the alcohol
on the spot or do some checking first. Intoxicated Customers, of hour sales and theft can be
spotted quickly. Sizing up underage sales or improper ID may take longer.
2. Your next step is to Interview. If you suspect a problem after you size up the situation,
interview your Customer to support your suspicions. Avoid asking "yes" or "no" questions.
Ask questions to get the Customer talking so you can find out if there really is a problem. Here
are some things you might think about while interviewing the Customer:
® Does the Customer sound underage?
® Is the Customer nervous?
® Are answers about identification answered correctly?
® Are there signs of intoxication, such as slurred speech, poor judgment or
aggressiveness?
Alcohol Management Les
Page 3 of 5
3. The last thing you do is Rate the situation and decide whether or not to proceed with the sale.
You can legally make the sale if your observation shows that the Customer is of legal age, has
a valid I.D., is not buying alcohol for underage people, and shows no signs of intoxication.
Discontinue the sale if a Customer does not have a valid I.D., shows signs of intoxication or is
buying alcohol for underage people.
If you decide it is okay to make the sale, you are through with the process. If you decide it is NOT
okay to sell the alcohol, move on to the next step which is "MAAM".
"MAAM"
"MAAM" stands for Move the alcohol away, Attitude, Assert the Law and Move on.
As you void the sale, Move the alcohol away. Remove it and place it under the counter. A Customer
usually leaves without protest when the alcohol is removed. To avoid legal problems, NEVER touch
the Customer as you remove the alcohol from the counter.
It is very important to keep a good Attitude. As you move the alcohol out of sight, be firm, fair and
friendly about refusing the sale. Express confidence in your decision but let them know that you look
forward to their future business. Always control your temper, no matter how annoying or
uncomfortable the situation becomes.
Your next step is to Assert the Law. When you refuse a sale, you must explain your action by
asserting the law and Company policy. Tell the Customer that the law and Company policy prohibits
you from selling them the alcohol. Give them a clear explanation such as, "I'm sorry, but the law
states I cannot sell you alcohol if you are underage." You are letting the Customer know that it is
the law and not you refusing the sale.
Finally, Move On and continue working. After refusing the sale, explain Company policy and move
on. If this Customer has other items to purchase, focus your attention on ringing those up. If they
have no other items, move on to the next Customer. In serious cases "M" can also mean calling the
Manager. The other steps of MAAM usually prevent arguments. If the Customer refuses to accept
your decision call your Front -End Manager and let them take over so you can serve other Customers.
Acceptable Identification
Now that you know the two steps to Techniques of Alcohol Management, you will need to become
familiar with acceptable legal forms of identification. Looks can be deceiving. If there is any doubt
about your Customer's age, ask for identification. It is the Customer's responsibility to prove to you
that he or she is of legal age. You do not have to sell alcohol to anyone who refuses to prove their
age.
Age can be proven with certain kinds of valid identification. Acceptable legal forms of identification
are:
• A State -issued Driver's License or Personal I.D.,
o A Liquor Control Card,
o U.S. Passport,
o Federal Government Military I.D. Card, or
Alcohol Management Less
• U.S. Government Immigrant I.D. Card.
Unacceptable Identification
Unacceptable forms of identification are:
• Birth Certificates,
• Social Security Cards,
• Student I.D.'s, and
• Expired, altered or forged documents.
Some ways to detect false identification are to:
Page 4 of 5
Study the photo to make sure it matches the Customer,
Check for fuzzy or dark photos,
•
: +-+�►%4,-,A
Feel the I.D. for bumps or splits in the lamination,
Look for erasure marks,
N
a i li 14 /73
Type that does not line up and information that is pasted on
11/14/
73
Compare the signature on the I.D. by having the Customer sign
their name on a piece of paper.
If you still have doubts after checking these things, ask the Customer to tell you their address or birth
date and listen for nervous responses.
Conclusion
Use the Techniques of Alcohol Management, the laws in your community, and Company policies as a
guide. Doing your job legally, responsibly and professionally will benefit everyone - you, your store
and your Customers.
I Home Page ( About Wal-Mart I Benefits I Programs I Phone & Info j Policy Manual
Associate Workbook
TECHNIQUES OF ALCOHOL MANAGEMENT
ASSOCIATE WORKBOOK
TABLE OF CONTENTS
Introduction'
Components of the Training Program 1
Issues and Laws 2
Techniques of Alcohol Management 3
SIR: Recognizing a Problem 4
MAAM•
6
Using TAM in Problem Situations g
TAM Review
13
INTRODUCTION
There is a lot of concern about alcohol abuse these days.
More people are taking an active role in controlling it. As
liquor retailers, we need to do our part.
Most people who drink use alcohol sensibly. They understand
the effects of alcohol, and they know their own limits. But
others do not. In the wrong hands - especially young hands
- the misuse of alcohol can have tragic consequences.
Most alcohol -related problems - like drunk driving - are
caused by a small group of abusers. So limiting everyone's
right to buy alcohol isn't the answer. Controlling abusers
is.
Part of the responsibility for controlling alcohol abuse
lies with anyone who sells alcohol. That means food
retailers, as well as liquor stores and clubs. Of course,
most of your sales are food, not alcohol. But alcohol -
especially beer is very profitable to supermarkets and
clubs. You need to know when to sell, when not to sell, and
how to make this decision.
It's not always easy to recognize an illegal sale, and it
may be even harder to handle it well. This training
program, called "Techniques of Alcohol Management", or
"TAM", is designed to help you learn how to handle alcohol
sales. The program teaches you what the alcohol laws are;
how to obey them, how to handle the sale of alcohol legally,
and how to minimize the problems you may face in refusing an
alcohol sale. This way, you become part of the solution,
not part of the problem.
COMPONENTS OF THE TRAINING PROGRAM
Associate Workbook
This workbook reinforces and expands on all the information
presented in the TAM training videotape.
You may also be provided with tests and additional written
materials.
Videotape
The videotape covers all the basic points of TAM. There are
several"STOP THE TAPE" breaks in the videotape. During
these breaks, your instructor can review the tape or conduct
a group discussion of the information that was presented.
If you are training independently, without an instructor,
use these breaks to replay 'portions of the videotape, read
supplemental materials, or take additional notes.
(1)
ISSUES AND LAWS
If you are not old enough to drink alcohol, you may not be
old enough to sell it. If you are underage, call the
manager to ring up alcohol sales; it is illegal for you to
do it in certain states.
If you are of legal age, use the "Techniques of Alcohol
Management", or "TAM", to help you recognize and handle
illegal sales.
There are several major problems you might facewhen selling
alcohol in a retail liquor store all are governed by laws.
1. Underage members;
2. False or invalid identification;
3. Intoxicated customers;
4. Legal customers attempting to buy alcohol for
underage customers (known as "second party" sales);
5. Attempted off -hour sales;
6. Drinking in the store and theft of alcohol are less
frequent problems that might occur.
Some alcohol laws are set by the federal government; others
are state laws or local ordinances. Alcohol laws and
regulations vary one from state or community to the next.
However, all of them exist for good reasons. And all of
them carry penalties if they are broken.
It can be difficult to judge a customer for legal age,
intoxication or other problems. It can be even more
difficult to refuse an alcohol sale to an insistent
customer, especially when the club is crowded and there
line of impatient members waiting.
But no problem is
policy. Remember
following the law
identify problems
protect yourself,
related problems.
an excuse to break the law or violate
that your company supports you in
and club policy. TAM will help you
, follow the law, solve problems and
your members and your club from alcohol -
is a
club
To follow the steps in TAM, you will also need to know laws
and regulations that are specific to your company and
community.
(2)
TECHNIQUES OF ALCOHOL MANAGEMENT
There are two simple steps to TAM. Both steps use key words
that you should memorize. These words will help you recall
the steps when you need them.
The first step is SIR. SIR helps you recognize a problem.
"PI"
"R"
is for "Size up" the member and the situation.
Note the members age, proper ID, possible
intoxication, or second -party sale.
is for "Interview" the member, to check out
any suspicions you might have.
is for "Rate" the member, to determine if it's
okay to sell the alcohol or not.
The second step is MAAM. MAAM helps you handle the problem.
nM"
"A"
flAte
"Mn
is for "Move the alcohol away.".
is for "Attitude" - be firm, fair and
friendly.
is for "Assert the law", and club policy.
is for "Move on" to other members or work; or
in serious cases, call the "Manager".
Use SIR to find out if there is a problem. If there is not,
you scan sell the alcohol. If there is a problem - use MAAM
to handle it. Both of these steps are examined in detail on
the following pages.
(3)
SIR: RECOGNIZING A PROBLEM
"S" - "Size up"
The first thing you must decide when faced with an alcohol
sale is whether you can sell the alcohol on the spot or
whether you should do some checking first.
You will probably do most of your "sizing up" at the
checkout line or in the liquor department, wherever alcohol
is sold in your club. But you can size up a situation
anywhere in the club.
Some alcohol -related problem situations can be sized up
immediately. Obviously intoxicated members, off -hour sales,
or theft can often be spotted right away. Sizing up
underage sales or improper ID can take a little longer.
Many times, it will be necessary to use the "Interview" step
to find out if the sale is legal or not.
"I" - "Interview"
If you suspect a problem with the sale after you have sized
up the situation, you can use the "Interview" step to check
out your suspicions. Getting the member to talk can help
you find out if there really is a problem. The following
questions are examples of what youmight ask yourself while
interviewing the member.
Underage / 1. Does the member sound underage?
False ID:
2. Is the member nervous?
3. Are answers about identification answered
correctly?
Intoxicated: 4. Is speech slurred?
5. Do answers show poor judgment?
6. Are the answers loud and aggressive?
Second Party 7. Does it seem the member is buying for
Sale: young people?
8. What is the response when you ask
directly if the alcohol is for young
people?
(4)
r
Avoid asking questions members can answer with a yes or no.
Use "open" questions, like "This is a lot of beer; what's
the occasion?", or "What's going on with those kids in the
parking lot?" The idea is to get people talking so you can
find out if there really is a problem.
"R" - "Rate"
Once you have sized up and interviewed the member, you can
"Rate" the situation and decide if you should go ahead with
the sale. The result is either "Ok to sell" or "Don't
Sell".
OK to Sell: You can legally make the sale if SIR shows
that:
- The ID is valid and the member is of legal
age
- The member is sober
- The member is not buying alcohol for
young people
Don't Sell: You cannot legally make the sale if SIR has
identified one of these problems:
- The ID is not valid or the member is
underage
- The member appears intoxicated
- There is a potential second -party sale
If you rated the situation as "OK to sell":, that's all you
need from TAM. But if you rated the situation as "Don't
Sell"L you will need to move on to the next step of TAM:
MAAM.
(5)
MAAM: HANDLING A PROBLEM
If SIR has turned up a problem, you want to solve it
quickly, quietly and legally, without embarrassing or
concerning other members, disrupting business, or leaving
yourself open for trouble. MAAM will help you do this.
"M" - "Move the Alcohol Away"
As soon as you have rated the situation as "Don't Sell",
move the alcohol away with a smooth, confident motion. Take
it from the sales counter and place it under the counter on
the floor. Often, the member will leave without protest
when the alcohol is moved out of reach and sight.
Moving the alcohol away can prevent possible theft or
violence. And it often ends arguments in many situations.
CAUTION: When you are moving the alcohol away, be careful
never to touch the member. That could be considered
assault, and could lead to legal problems.
"A" - "Attitude"
As you move the alcohol out of reach and sight, you must be
firm and decisive. You want the member to know you are in
control. If you project confidence, you may be able to
avoid an argument. But you must also be fair and friendly
when you are refusing a sale. After all, you want the
member's future business. Always keep your temper in check,
no matterhow annoying or uncomfortable the situation might
become.
1
"A" - "Assert the Law"
When you are refusing a sale, you need to explain your
action. Do this by asserting the law and your company
policy.
Tell the member clearly that the law and company policy will
not allow you to sell alcohol, then give a specific reason:
"I'm sorry, but the law says I cannot sel you alcohol if you
appear to be (underage) (intoxicated) (using a false ID)"
etc.
Let the law and your club policy work for you. Let the
member see it is the law, not you, that causes your action.
(6)
"M" - "Move on" to other customers or work
After you have moved the alcohol away and asserted the law
(while maintaining a good attitude), move on to other
things. By moving on, you not only show the member you are
firm in your decision - you are also busy. Turn your
attention away from the problem member and toward other
members or work. You should appear busy, even if you are
not.
CAUTION: Donotturnyour back completely as you move on.
This could be taken as an insult, cost you legal sales, and
could put you in danger. If the member has other products
besides alcohol, focus attention on ringing those up. This
allows the member to "save face".
"M" can also mean calling the "Manager" in serious cases.
The other steps of MAAM will usually prevent arguments and
belligerent behavior, but if they do not and the member
refuses to accept your decision - call the manager.
(7)..
USING TAM IN PROBLEM SITUATIONS
Now that you are familiar with the details of SIR and MAAM,
you should understand how they can be applied to some of the
problem situations mentioned earlier:
1. Underage members;
2. False or invalid identification;
3. Intoxicated members;
4. Legal members attempting to buy alcohol for
underage people (second -party sales);
5. Attempted off -hour sales;
6. Drinking in the store and theft of alcohol.
Each of these points needs explanation:
1. Underage Members
The legal age for buying alcohol in the state of
is
Appearances can be deceiving. So if there is any
doubt when sizing up a member, ask for ID.
Remember that it is the member's responsibility to
prove to you that he or she is of legal age. You
do not have to sell alcohol to anyone who cannot
prove their age.
Many clubs have guidelines for checking
identification, such as: if a member looks around
30 or younger, ask for identification. If your
club has a policy for checking ID, write it in the
space below:
(8)
2. False or invalid identification
Age can be proven with only certain kinds of valid
identification:
Acceptable legal forms of identification:
A. A state -issued driver's license.
B. A state -issued personal ID.
C. A state -issued liquor control card.
D. A U.S. passport.
E. A federal government military ID card.
F. A U.S. government immigrant ID card.
These government -issued documents are the only
ones you can accept. Birth certificates, social
security cards, student ID's, visas, etc. are not
acceptable. Neither are any otherwise valid
documents that are expired or have been altered,
borrowed, stolen, forged or counterfeited.
Identifying false ID's is not always easy, but it
helps if you know what to look for.
Detecting false identification:
Photo: Be sure it and the description
match the person using the ID.
Look for fuzzy or dark photos -
indications of possible substitutions.
Feel: Hold the ID so the user cannot read
it. Feel for bumps or splits in the
lamination.
Look: Check for erasure marks, type that
does not match or line up, damaged
paper surface, and information pasted
on. Usually these alterations occur
around the birth date.
(9)
Act: Have the member sign
his/her name and compare with
that on the ID. Obtain backup
ID. Interview the member to check
address, birth date, etc., and listen
for nervous responses.
3. Intoxicated Members
It is illegal in every state to sell alcohol to
intoxicated members. Note below the penalties for
knowingly selling alcohol to someone who is
intoxicated:
(ASK CLUB MANAGER FOR YOUR STATE)
Obviously intoxicated members are easy to spot. They
show the following classic signs of intoxication:
A. Slurred speech
B. Staggering, weaving, or unsteadiness
C. Loss of sound judgment
D. Bloodshot or red, irritated eyes
E. Vomiting (or signs of this on breath or clothing)
)You will rarely see obviously intoxicated members in
your club, so you should be aware of these secondary
signs:
F. Flushed or red, puffy face
G. Strong odor of alcohol on the breath
H. Loud, aggressive behavior
Any one of these signs alone could be innocent: for
example, slurring could be a speech impediment or
staggering could be the result of a handicap. A.
combination of these signs, however, usually adds up
to intoxication.
4. Second -Party Sales
It is illegal to sell alcohol to someone who is buying
it for an underage person. Members attempting to do
this may'simply, be ignorant of the law. Or, they may
be aware it is illegal, and try to conceal it. Either
way it is illegal. Some second -party sales are
difficult to spot, but it helps if you are aware of the
signs:
A. Young people approaching and talking to older
members (either inside or outside the club); money
changing hands
B. Young people waiting for an older person buying
alcohol
C.
D.
Signs of nervousness in
Inappropriate purchases
a legal -age member
5. Attempted off -hour sales
Attempted off -hour sales are problem situations that
can be sized up and rated immediately.
The times and days of the week that alcohol can be sold
i-regulated by your community. Note below the time of
day or night as well as the day(s) of the week that
alcohol cannot be sold:
ASK CLUB MANAGER FOR YOUR STATE
There are no exceptions to off -hour sales. A sale a
few minutes past the legal hour is just as illegal as
a sale an hour past.
6. Drinkinc in the club and theft of alcohol
These are not common problems in a club, but they can
occur. Like off -hour sales, these situations can be
sized up and rated immediately.
On -premise consumption of alcohol is generally
prohibited in clubs, but laws vary depending on the
community. Note below your community's laws governing
drinking in the club:
THIS IS FOR POSSIBLE DEMO'S AND IS NOT
ALLOWED AT SAM'S. ASK YOUR CLUB MANAGER
FOR MORE DETAILS
You may witness an alcohol theft at checkout or any-
where else in the club. Note below your club's
procedures for dealing with a situation involving a
theft.
ASK YOUR CLUB MANAGER
SIR:
MAAM
TAM REVIEW
"S" - size up the member and the situation.
"I" - interview members to check out
suspicions.
"R" - rate the member or the situation as
either "OK to Sell" or "Don't Sell".
"M" - move the alcohol out of sight and reach.
"A" - your attitude must be firm, fair and
friendly.
"A" - assert the law and store policy.
"Mn _
move on to other members or work, or
call the manager if the problem is
serious.
These "Techniques of Alcohol Management", the laws in your
community, and the policies and procedures of your company
are your guides to the successful sale of beverage alcohol.
They will help you sell wine, liquor, and beer legally,
responsibly and professionally. You not only stay on the
right side of the law, but you also do everyone a favor -
yourself, your club, and especially your members.
(13)
TAM PRE -TEST
1. Of the forms of identification listed below, check the
ones that are valid for purchasing alcohol:
Birth certificate
Passport
Social Security Card
Student photo ID
State driver's license
Military ID
Credit card
2. List two penalties that can affect an associate who
fails to observe alcohol sale laws:
a.
b.
3. In this state, the legal drinking age is
4. If the law says not to sell alcohol after 10 p.m. but
there's a chance for a big sale at 10:02, you should
5. What are three common signs that an ID might be false?
a.
b.
c.
6. List the day(s) and hours on which you cannot legally
sell alcohol in your area.
(1)
7. T/F: Underage Associates may ring up alcohol sales
provided they have the permission of their supervisors.
8. List three very common alcohol -related sales problems
you might face on your job:
a.
b.
c.
9. Many clubs have guidelines for checking out a member's
age (i.e., check for ID if a member looks 25 or
younger). What is the procedure at your club?
10. T/F: It's the member's responsibility to prove that he
or she is of legal age.
11. What are two things you can do if you suspect that an
ID you've been given is false?
a.
b.
c.
12. It is illegal in state(s) to sell
alcohol to someone who appears drunk.
13. When a legal -age member attempts to buy alcohol for an
underage person, this is known as a
sale.
14. If a problem situation becomes serious, you should call
for
15. Slurred speech and staggering are (classic / secondary)
signs of intoxication.
(2)
TAM POST-TEST
1. You must be years old to buy alcohol in this
state.
2. What is a "second -party" sale?
3. Day or hour restrictions on selling alcohol in my
community are:
4. If you are underage and a member wants to buy alcohol,
you should:
5. Fill in the meaning of each letter of the SIR step:
"S"
"I"
6. If you sell alcohol illegally, you could be punished
with or
(1)
7. My club policy on checking members for age is:
8. The TAM step that helps you handle an alcohol -related
problem situation is
9. Which of the following forms of identification are not
acceptable for purchasing alcohol?
State driver's license
Immigrant card
Birth certificate
Social security card
Military ID
Student photo ID
10. What are the exceptions to selling alcohol after the
legal hour?
11. The addition to "Move on", the second "M" in the MAAM
step stands for
12. What are three things that might indicate an ID is
false?
a.
b.
c.
13. T/F: It is legal in only one state to sell alcohol to
someone who appears intoxicated.
(2)
14. Name three classic signs of intoxication:
a.
b.
c.
15. Why should you never turn your back on a problem
member when you "move on" to other members or work?
16. Proof of age is the responsibility of
17. Three common alcohol -related sales problems are listed
below. Fill in the others.
Attempted off -hour sales
Drinking in the club
Theft
18. The first "A" in the MAAM step is for keeping a good
attitude. The second "A" is for
19. T/F: If a problem situation becomes serious, you
should threaten to call the police.
20. List two things you can do if you're suspicious of an
ID:
a:
b:
(3)
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 5, 2003
AGENDA ITEM NO.
2
7ITEM TITLE RESOLUTION REGARDING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER
AND WINE AT WAL-MART, AT 1200 HIGHLAND AVENUE (APPLICANT: LARRY THORNBURGH
FOR WAL-MART STORES INCORPORATED) (CASE FILE NO. CUP-2003-12)
PREPARED BY t ` '
Roger Post, 336-4310
EXPLANATION
If Council takes action on the preceding agenda item, a resolution will be introduced.
DEPARTMENT Planning
Environmental Review X N/A Categorical Exemption
Financial Statement N/A
Account No.
STAFF RECOMMENDATION
N/A
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below ) Resolution No.
A-200 (9/80)
RESOLUTION NO. 2003-105
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT
FOR THE SALE OF BEER AND WINE
AT WAL-MART, AT 1200 HIGHLAND AVENUE
APPLICANT: LARRY THORNBURGH FOR
WAL-MART STORES INCORPORATED
CASE FILE NO. CUP-2003-12
WHEREAS, the City Council of the City of National City considered a
Conditional Use Permit application for the sale of beer and wine at Wal-Mart, at 1200
Highland Avenue at the adjourned regular City Council meeting of August 5, 2003, at
which time oral and documentary evidence was presented; and
WHEREAS, at said public hearing the City Council considered the staff
report prepared for Case File No. CUP-2003-12 which is maintained by the City, and
incorporated herein by reference; and
WHEREAS, this action is taken pursuant to all applicable procedures
required by State and City law; and
WHEREAS, this action recited herein is found to be essential for the
preservation of public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, California, that the testimony and evidence presented to the City Council
at the public hearing held on August 5, 2003, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the
approximately 136,000 square foot Wal-Mart store has ample room available for the
incidental sale of beer and wine.
2. That the site has sufficient access to streets and highways that are
adequate in width and pavement type to carry the volume and type of traffic generated by
the proposed use, since the project site is developed with a large retail store and has
adequate access available via Highland Avenue and E. Plaza Boulevard, both arterials
designed to carry a large volume of traffic, and since the proposed sales are expected to
result in a negligible increase in existing traffic to the site.
3. That the proposed use will not have an adverse effect upon adjacent or
abutting properties, since conditions of approval will limit the types and sizes of product
that can be sold, and prohibit loitering and drinking on the premises.
4. That the proposed use is deemed essential and desirable to the public
convenience and welfare, since the addition of beer ands wine sales will allow Wal-Mart
to offer a complete variety of products to its customers, similar to other existing large
retailers.
Resolution No. 2003 — 105
August 5, 2003
Page 2 of 4
5. That public convenience and necessity may be served by the proposed
use of the property for the retail sales of alcoholic beverages pursuant to law.
BE IT FURTHER RESOLVED that the application is approved subject to
the following conditions:
1. This Conditional Use Permit authorizes the sale of beer and wine for off -site
consumption at Wal-Mart, at 1200 Highland Avenue. Except as required by conditions of
approval, all plans submitted for permits associated with the project shall conform with
Exhibit A and B, Case File no. CUP-2003-12, dated April 16, 2003.
2. Permittee shall comply with all regulatory provisions of the Business and
Professions Code, section 25600 through 25667, currently in effect or as may be
amended, regarding sales, displays and marketing or merchandising of alcoholic
beverages.
3. The sale of alcoholic beverages shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m.
4. The sale of beer shall be prohibited. The sale of malt liquor shall be
prohibited (except for flavored malt beverages).
5. No wine, wine coolers or flavored malt beverages shall be sold in containers
of less than 750 milliliters, unless sold by four -pack or other manufacturer's pre -packaged
multi -unit quantities.
6. The sale of wine with an alcoholic content greater than 15% by volume is
prohibited.
7. All alcoholic beverages offered for sale shall be room temperature.
8. Permittee shall post signs onthe exterior building walls in compliance with
Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall
__post signs, to be approved by the Planning Department, at each entrance to the
applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on
the premises and adjacent property under his control. Said signs shall not be less than
17 by 22 inches in size, with lettering not less than one inch in height. The signs shall
read as follows:
premises."
a. "No open alcoholic beverage containers are allowed on these
b. "No loitering is allowed on or in front of these premises."
9. The consumption of alcoholic beverages is prohibited on the subject
premises, and on all parking lots and outbuildings and any property or adjacent property
under the control of the applicant.
Resolution No. 2003 — 105
August 5, 2003
Page 3 of 4
10. All cups and containers shall be sold at or above prevailing prices, disposable
cups sold in multi -container packages shall not be offered in quantities fewer than 12, and no
cups or containers shall be given free of charge.
11. Ice may be sold only at or about prevailing prices in the area and in quantities
of not less than three pounds per sale. Ice shall not be provided free of charge.
12. The display of alcoholic beverages shall be limited to an area in substantial
conformance with Exhibits A and B, Case File No. CUP-2003-12, dated April 16, 2003.
13. Exterior advertising and signs of all types, promoting or indicating the
availability of alcoholic beverages, including advertising/signs directed to the exterior from
within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly
visible to the exterior, shall constitute a violation of this condition.
14. The quarterly gross sales of alcoholic beverages shall not exceed the gross
sales of all other commodities during the same period. The applicant shall at all times keep
records which reflect separately the gross sales of alcoholic beverages and the gross sales
of all other items. Said records shall be kept no less frequently than on a quarterly basis and
shall be made available to the City Finance Department and any Peace Officer of the
California Department of Alcoholic Beverage Control upon demand.
15. No coin operated amusement devices shall be operated on the licensed
premises.
16. Before this Conditional Use Permit shall become effective, the applicant and
the property owner both shall sign and have notarized an Acceptance Form, provided by the
Planning Department, acknowledging and accepting all conditions imposed upon the
approval of this permit. Failure to return the signed and notarized Acceptance Form within
30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant
shall also submit evidence to the satisfaction of the Planning Director that a Notice of
Restriction on Real Property is recorded with the County Recorder. The applicant shall pay
necessary recording fees tothe County. The Notice of Restriction shall provide information
that conditions imposed by approval of the Conditional Use Permit are binding on all present
or future interest holders or estate holders of the property. The Notice of Restriction shall be
approved as to form by the City Attorney and signed by the Planning Director prior to
recordation.
17. This permit shall become null and void if not exercised within one year after
adoption of the resolution of approval unless extended according to procedures specified in
Section 18.116.190 of the Municipal Code.
18. This permit shall expire if the use authorized by this resolution is discontinued
for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions
of the Land Use Code, if discontinued for any lesser period of time.
19. Alcoholic beverages stored in the back of the store to be located in a locked
area.
Resolution No. 2003 —105
August 5, 2003
Page 4 of 4
BE IT FURTHER RESOLVED that copies of this Resolution shall be
transmitted forthwith to the applicant.
BE IT FURTHER RESOLVED that this Resolution shall become effective
and final on the day following the City Council meeting where the resolution is adopted.
The time within which judicial review of this decision may be sought is governed by the
provisions of Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 5th day of August, 2003.
Nick lnzunza, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
MATERIALS DISTRIBUTED
TO
THE CITY COUNCIL DURING THE MEETING
MATERIALS DISTRIBUTED
TO
THE CITY COUNCIL DURING THE MEETING
mei
National City - Alcohol, Tobacco and Other Drugs (ATOD) Task Force
August 5, 2003
Recommendation:
To amend and to strengthen conditions to the proposed conditional use permit (CUP 2003-12) for
the sale of beer and wine at Wal-Mart located at 1200 Highland Avenue, National City, CA
91950, to ensure safety and security in the City of National City.
RECOMMENDED CONDITIONS OF APPROVAL
Note: Wal-Mart and National City ATOD have met and agreed on the following
recommendations
1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at
Wal-Mart, at 1200 Highland Avenue. Except as required by conditions of approval, all plans
submitted for permits associated with the project shall conform with Exhibit A and B, Case
File no. CUP-2003-12, dated April 16, 2003.
2. Permittee shall comply with all regulatory provisions of the Business and Professions Code,
section 25600 through 25667, currently in effect or as may be amended, regarding sales,
displays and marketing or merchandising of alcoholic beverages.
3. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and
8:00 a.m.
4. The sale of beer shall be prohibited. The sale of malt liquor shall be prohibited (except for
flavored malt beverages).
5. No wine or malt coolers shall be sold in containers of less than 750 milliliters, except for
wine and malt coolers sold by four -pack or other manufacturer's pre -packaged multi -unit
quantities.
6. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.
7. All alcoholic beverages offered for sale shall be room temperature.
8. Permitee shall maitain excess alcohol inventory locked while in store warehouse.
9. The rear door(s) of the premises shall be kept closed at all times during the operation of the
business except in case of deliveries or emergencies.
10. Permittee shall post signs on the exterior building walls in compliance with
Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall
post signs, to be approved by the Planning Department, at each entrance to the applicant's
premises and parking lot, prohibiting loitering and consumption of alcohol on the premises
and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in
size, with lettering not less than one inch in height. The signs shall read as follows:
a. "No open alcoholic beverage containers are allowed on these premises."
b. "No loitering is allowed on or in front of these premises."
11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all
parking lots and outbuildings and any property or adjacent property under the control of the
applicant.
12. All cups and containers shall be sold at or above prevailing prices, disposable cups sold in
multi -container packages shall not be offered in quantities fewer than 12, and no cups or
containers shall be given free of charge.
13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less
than three pounds per sale. Ice shall not be provided free of charge.
14. The display of alcoholic beverages shall be limited to an area in substantial conformance
with Exhibits A and B, Case File No. CUP-2003-12, dated April 16, 2003.
15. Exterior advertising and signs of all types, promoting or indicating the availability of
alcoholic beverages, including advertising/signs directed to the exterior from within, are
prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to
the exterior, shall constitute a violation of this condition.
16. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other
commodities during the same period. The applicant shall at all times keep records which
reflect separately the gross sales of alcoholic beverages and the gross sales of all other items.
Said records shall be kept no less frequently than on a quarterly basis and shall be made
available to the City Finance Department and any Peace Officer of the California
Department of Alcoholic Beverage Control upon demand.
17. No coin operated amusement devices shall be operated on the licensed premises.
18. Before this Conditional Use Permit shall become effective, the applicant and the property
owner both shall sign and have notarized an Acceptance Form, provided by the Planning
Department, acknowledging and accepting all conditions imposed upon the approval of this
permit. Failure to return the signed and notarized Acceptance Form within 30 days of its
receipt shall automatically terminate the Conditional Use Permit. The applicant shall also
submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on
Real Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County. The Notice of Restriction shall provide information that
conditions imposed by approval of the Conditional Use Permit are binding on all present or
future interest holders or estate holders of the property. The Notice of Restriction shall be
approved as to form by the City Attorney and signed by the Planning Director prior to
recordation.
19. This permit shall become null and void if not exercised within one year after adoption of the
resolution of approval unless extended according to procedures specified in Section
18.116.190 of the Municipal Code.
20. This permit shall expire if the use authorized by this resolution is discontinued for a
period of 12 months or longer. This permit may also be revoked, pursuant to provisions
of the Land Use Code, if discontinued for any lesser period of time.