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By Janis Russell
Photo: Applicant Bill Adams states his case for 7-Eleven
July 23, 2014 (El Cajon)- At Tuesday’s El Cajon City Council meeting, Council had two public hearings on the appeal of planning commission’s decision denying request for beer and wine sales at 1021 West Washington Avenue and 500 North Second Street. The stores sought permission to sell alcohol for off-site consumption.
Council confirmed the planning commission’s decision and voted unanimously to deny the requests as well.
City attorney Morgan Foley gave some background on these hearings. William ‘Bill’ Adams wrote a letter to Council about his proposal on July 17, 2014. Adams had argued the city’s new deemed approved ordinance restricting alcohol sales in some areas wasn’t in effect at the time he submitted the first application for West Washington. The second application was submitted after the ordinance went into effect on October 10, 2013.
Then planning manager Tony Shute gave two PowerPoint presentations. The West Washington site is a multi-use site with a church and used auto sales. Both West Washington and North Second sites are in areas with “high crime rates and undue concentrations” of other outlets selling alcohol. Approval of alcohol sales at the sites would be “detrimental to public health, safety and welfare,” Shute said.
After the public hearing was opened, speakers were invited to come up.
Adams was the first to speak, and he gave his own PowerPoint presentation. “We have a modest request. We’re asking permission to acquire existing licenses from over concentrated areas in the city and put in our store… What we’re proposing won’t add to the crime rate; it won’t add any licenses.”
City staff had told 7-Eleven to file before November 1, 2013 to avoid the effect of the new ordinance. “The applications were timely filed,” Adams said,adding that staffer Manjeet Ranu confirmed this in writing. However, the ordinance instead became effective earlier. “At the meeting, staff gave us postponement to look for a license in the city.” He also argued that staff told him that this application would be grandfathered into the old ordinance, when Mayor Bill Wells asked.
Kristy Duncan, an operational manager of 7-Eleven, told Council, “Typically we sell less than 14% of alcohol sales… We’re a small retailer of alcohol.” She explained how employees go through training for proper procedures on selling. “We really try to be the best retailer we possibly can.”
Eric Lund from the East County Chamber of Commerce gave his views next. “We like to respectfully ask to approve the request… We feel that won’t add to the problem.” He added, “These two new stores are great additions to the community,” and called them a “great investment.”
Bic Sidhu, the franchisee of 7-Eleven on West Washington, stated, “We are the community. We support the community.” He then asked Council to consider a beer and wine license for the site.
Councilmember Tony Ambrose reiterated that Adams said “we should accept the exchange of one license for another.” He then wanted to know if Adams had a license with him tonight. Adams told him, “No, but we’ve been looking.” Ambrose argued that the license should be processed in the new one because it’s now in effect.
Foley explained, “I read the letters Mr. Ranu wrote. My understanding is that staff did not make the assertion that they wouldn’t abide by the new ordinance…”
Assistant City Manager Majed Al-Ghafry added, “When I was at the meetings, Mr. Ranu denied approving any applications subject to the new ordinance.” They had meetings in October and November. Shute agreed.
Councilmember Bob McClellan said, “I’d rather [7-Eleven] have a moratorium than any other alcohol store… I admire 7-Eleven; they’re a good operator.” But he added, “I can’t support liquor licenses.”
Mayor Pro Tem Gary Kendrick said, “I cannot find it’s in the best interest to have a liquor license… That’s what I’ve heard when I go to the grocery stores or to church… ‘There’s too many liquor outlets.’”
Ambrose mentioned, “I think 7-Eleven would be a good operator… If the applicant brought in licenses, I would accept it.” Mayor Wells agreed with Ambrose.
Kendrick told Lund, “Eric, I’m looking out for your members… I want to protect your community.”
Councilwoman Star Bales said the City has to follow the ordinance.
McClellan concluded by asking the public to help stop alcohol sales to vagrants by reporting to police if they see vagrants going into liquor stores. Foley clarified to McClellan that the public should only report it if the vagrant is already intoxicated and is a danger to the community.
Ambrose motioned to deny the appeals of both conditional use permits and the motions carried 5-0.
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