I am involved as a protestant in a protest against issuing an off-sale beer and wine license.
This may be happening in your county also. I wrote this flyer for the public. Apparently,
it is SOP to simply ask the sheriff for a "memo of public necessity and convenience"
in order to break the moratorium.
Did you know that the California Alcoholic Beverage Control has placed a
five-year moratorium on new Type 20 (carryout beer and wine) alcohol sales
permits in Mendocino County? This is because we already have one such store
per 2,500 people. Did you know that Sheriff Broin issued a memo of public
necessity and convenience, creating an exception to the moratorium, for the
new owner of The Flour Mill on South State Street? The letter is signed by
Captain Kurt Smallcomb. The memo states, "It is our recommendation that the
license requested for The Flour Mill be issued." The store is 336 feet from
Grace Hudson Elementary School, Alex Rorabaugh Cultural and Recreational
Center, and 24-hour public playgrounds. California law allows the State to
deny a license to any business within 600 feet from such public facilities.
On April 24. 2008, a judge from Sacramento ruled that the license may be
granted. His Certificate of Decision cites the Mendocino County Sheriff¹s
recommendation as a reason to grant the license.
Certificate of Decision, ³Finding IV:
In a letter to the Department, the Mendocino County Sheriff¹s Office
recommended that the Department issue the applied-for license to Petitioner.
A captain for the Ukiah Police Department testified that he believed
issuance of the license will aggravate a police problem. Greater weight is
given to the recommendation of the Mendocino Sheriff¹s Office than to the
testimony of the Ukiah Police captain, as the Mendocino Sheriff¹s Office is
the law enforcement agency with Jurisdiction over Petitioner¹s structure.²
Please call, write, and e-mail the Sheriff and the County Supervisors and
insist that the Sheriff uphold California State law, keep alcohol sales away
from our schools and rescind the memo of public necessity and convenience
that enables the sale of alcohol 335 feet from Grace Hudson Elementary
School. Demand that they respect alcohol moratoriums made by the State
Alcoholic Beverage Control, and to STOP issuing memos of public necessity
and convenience.
Contact information: Sheriff Thomas D. Allman
463-4411 951 Low Gap Road
sheriff@co.mendocino.ca.us Ukiah CA 95482
Thank you from Safe, Clean Playgrounds South Ukiah
Here is a link to Moratorium Counties.
http://www.abc.ca.gov/permits/Moratorium.pdf