EL CAJON WINS LEGAL BATTLE OVER ALCOHOL CONTROL ORDINANCE

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Source: City of El Cajon

March 11, 2015 (El Cajon)--In August of 2013, the El Cajon City Council adopted, via unanimous vote the Deemed Approved Ordinance (DAO).  The DAO strengthened the City’s abilities to address establishments that sold off-premise alcohol within the City. This included placing specific restrictions on the sale of alcohol, when warranted. This Ordinance was viewed by the City Council as a necessary action in order to protect the community’s youth and businesses from illegal or inappropriate alcohol sales.

Soon after the City Council’s adoption of the DAO, the City was legally challenged by three organizations: HSH, Inc., HS Razuki, Inc. and 3201 National, Inc.  All of these organizations represent the interests of those who sell alcohol within the City of El Cajon.  The City Council directed the City Attorney’s Office to defend the City and the DAO in court.  It was the view of the City that the DAO was entirely legal and necessary for the community.

The Federal District Court of the Southern District of California has dismissed the case against the City of El Cajon and the plaintiffs have declined to appeal this decision.  As such, the case has been terminated in favor of the City of El Cajon and the DAO has been found legal, allowing it to remain in effect.

“The City applauds this decision by the Federal District Court, as it fully substantiates the City’s position,” a press release issued by El Cajon states.

City Councilmember Gary Kendrick, who originally introduced the idea to the City Council for the DAO in early 2013, stated, “This Court decision to uphold the Deemed Approved Ordinance will serve to protect our youth, our families, and our businesses from those who would violate the law in how and to whom they sell alcohol.  It is a clear message that the City will not tolerate such behavior and enables the City to fully implement the Ordinance.  This will have a significant impact in improving our community.”

El Cajon City Manager, Douglas Williford, concurred.  “The Deemed Approved Ordinance is both a pro-business and pro-resident Ordinance, protecting both of these major elements of our City from illegal activity.  The Ordinance is just a part of the City Council’s comprehensive strategy to clean up elements of this City that are harmful to the general public.”

 

 


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