Protesting Wal-Mart's Alcoholic Beverage License--Comments Due by January 5, 2006

Wal-Mart has applied for a 24-hour liquor license for its yet-to-begin-construction, not-supposed-to-be-a-24-hour-store. Although we certainly hope the disposition of this liquor license becomes a moot point [because the store will never be built], you may wish to protest this liquor application. If so, here are some bases for protesting:

[With minor editing, this material copied from]

Grounds for Protest
The California Constitution provides that the sale, purchase, and consumption of alcoholic beverages in licensed premises is legal. Therefore, the Department of Alcoholic Beverage Control (ABC) cannot deny a license solely because a protestant has personal beliefs against the use of alcoholic beverages. Denial must relate to public welfare and morals. Some of the grounds of protest, which could relate to public welfare and morals, are as follows:
1. The premises is located within the immediate vicinity of a school, church, hospital, or children's playground and the normal operation of the licensed premises would interfere with their functions. (Be specific as to how the-sale of alcoholic beverages will adversely affect the facility. Mere proximity to such a facility is not sufficient legal grounds to deny the license.)
2. The premises is located in a residential area and the-normal operation of the licensed premises would interfere with the quiet enjoyment of their property by the residents of the area. (Be specific as to how the sale of alcoholic beverages will adversely affect the residents.)
3. The premises or parking lot is located. within 100 feet of a residence and the applicant has failed to establish that the operation of the licensed premises would not interfere with the quiet enjoyment of the property by the residents. (This only apples to premises that have not been operated with the same type license within 90 days of the application.)
4. Licensing the premises would create a public nuisance as defined in Penal Code Section
370, in that: (state specific facts leading to this conclusion).
5. Issuance of the license would result in or add to an undue concentration of licenses (List any problems that existing licensed businesses in the area may be causing.)
6. The applicant is not the true or sole owner of the business to be licensed. (You must present
testimony or other evidence as to the true ownership.)

The following are grounds usually cited by city or county enforcement agencies only. But
they can be used by persons who have independent, adequate evidence of same:
7. Issuance of the license to the premises would tend to create a law enforcement problem or aggravate an existing police problem.
8. Licensing the premises would be contrary to the provisions of a valid zoning ordinance.
9. The applicant has been convicted of a felony, a crime involving moral turpitude, or one of
the offenses listed in Section 24200(b) of the Alcoholic Beverage Control Act.
10. The applicant has a police record that disqualifies him or her for a license.
11. The applicant has misrepresented a material fact in obtaining a license.
For your protest to be more effective, it should be specific and not just a restatement of the above examples.

[End quoted material]
Should you choose to protest, you should send your protest to:

Department of Alcoholic Beverage Control
3204 N. Rosemead Blvd, Suite 103
El Monte, CA 91731

Specify that you are protesting the issuance of a license under the Alcoholic Beverage Control Act to Wal-Mart, at the southwest corner of Walnut Grove and Rush Streets, Rosemead, CA 91770.

At the end of your letter, you must write:

I, (your name), declare under penalty of perjury:
(1) That I am the protestant herein; (2) That I have read the above protest and know the contents thereof; and (3) That the same is true of my own knowledge except as to those matter which are therein stated on information and belief, and as to those matters I believe to be true.

Sign and date your protest. Then, beneath your signature, write:

Signed at: (City and State)
Protestant's Address: (number, street, city, state, zip)

You can also use ABC form ABC-510-A (11/03). There will be extra copies of this form at the next SOC meeting.

Also, if possible, get a copy of your comments to Larry. Either bring them to the next SOC meeting, or mail them to SOC at 8324 Rush St., Rosemead, CA 91770.

Flooded with protests!

Larry reported at a recent SOC meeting that the Department of Alcoholic Beverage Control was "flooded" with protests to Wal-Mart's application.  This should assure us a public hearing, where we can again protest this 24-hour, all beverage-types license.