October 24, 2005

TURNING THE TABLES

City council overturns 20-year alcohol sales ban at gas stations

By Kymberli W. Brady
Staff Writer

Under mounting pressure from gas station operators, the City Council sided with the Planning Commission and recently voted to lift a 20-year ban on alcohol and food sales at gas stations.

The 8-1 vote turns the table on the 1985 ordinance and amends land use regulations under Title 20 of the San Jose Municipal Code by repealing the provisions contained in the Zoning Code, specifically gasoline service combined use.

The underlying reason for the change stems from the growing concerns of small business owners like Rotten Robbie and others who felt they were being discriminated against for wanting to add convenience stores to their businesses and were thus unable to compete in the same market with those who had been grandfathered in.

The decision also came despite concerns by city leaders and Police Chief Rob Davis, wary of links to increased incidents of violent crime, underage drinking, and auto accidents in areas where alcohol is sold at gas stations—especially in residential neighborhoods.

However, Vice Mayor Cindy Chavez argued that specific conditions added to the original draft of the ordinance would help with the policing efforts by slapping severe consequences on those who break the rules.

“My goal is to make it easier for you or code enforcement to shut someone down faster,’’ she said.

The lone vote against the proposal came from Councilwoman Madison Nguyen, already troubled by the abundance of alcohol outlets in her district. Councilmen Chuck Reed and Dave Cortese abstained, citing conflict of interest concerns.

Although approved, the planning staff was instructed to go back to work and tighten up measures that would address concerns over single-serve cans and bottles and hours of operation, as well as develop regulations for licensing and fines for those businesses that violate the rules. They should return on Nov. 15 with a tighter, more amenable ordinance.