Midtown Neighborhood Association

Issue Background                                                                                               Updated March 2010 

Councilmember Cohn and the Midtown Business Association hosted a meeting in Dec 2008 on the overconcentration of bars / nightclubs in Midtown. Over 100 residents attended, demonstrating widespread concern on this topic. Our neighborhoods have become victims of their success. Currently, Midtown has an overconcentration of liquor licenses as defined by state law. The Midtown Business Association and the City hired Responsible Hospitality Institue (RHI), a consulting firm, in March 2009. RHI consultants met with residents and business owners in August and September 2009, to dicuss the creation of a hospitaltiy zone in Midtown and the policies that would govern this "zone".  Several working groups were formed and met to discuss issues facing businesses and residents in Midtown. No one has sufficiently answered the question: What are the proposed boundary for this "hospitality zone?" RHI concluded their consulting work in Sacramento in October 2009. In the last six months, it appears this process has stalled and is currently NOT moving forward. The MNA Board of directors will be asking Councilmember Cohn this month (March 2010) to help us restart this process. RHI composed a draft report in October 2009, on potential solutions to explore to mitigate the negative impacts of the night time economy on residents.  This report has not been made available to the public for review.  The draft contains a discussion on ways to protect residential areas, mitigate noise, and manage parking resources so bar patrons aren't parking in mostly residential areas.  A valuable discussion residents need to be a part of.

The Midtown Neighborhood Association Board was actively involved in the various workgroups.  Sadly we have not been able to report any progress since October 2009. 

A few bad actors have made it very hard for responsible venues.  Most of our businesses in Midtown are good neighbors. Bars and nightclubs in close proximity to residences must be good neighbors. Most of Midtown is residential with a few mixed-use areas, ideal for unique destination retailers, not necessarily a good fit with entertainment uses. Sadly, our speciality retailers are being displaced by an over-abundance of alcohol serving evening venues - attracting a rowdy crowd not compatible with residential uses.

Protesting New Alcohol License Applications & Existing License Holders

Selling alcohol is a priviledge. Residents have the right under state law to ask for reasonable conditions on noise and hours of operation on any establishement, especially those operating close to residences. If any alcohol serving establishment wants to open within 100 feet of a residence, conditions of hours and noise from the premises are not only allowed but necessary. Any individual can protest and ask for denial or reasonable condtions on hours and noise. The protest period for new licenses is only 30 days so residents need to act quickly if they want conditions on a new license. 

See: Information on Protesting an ABC Licensee

Protesting Alcohol Serving Establishments

Reasonable Conditions set by the state can not be over ruled by city entertainment permits  - city rules cannot contradict state law.  Click here for sections of the California Business and Professional Code.

Criteria to lodge a protest: Anyone can protest a new license application or report an existing license holder. Protests of new license applications must be filed within 30 days of the application - it takes a little time to fill out the forms and state why ABC should impose conditions on new businesses. Proximity to residences is a valid argument.

If you currently have a bar or nightclub in your neighborhood that is a nuisance, residents also have the right under the law to file protests (include photos or video when possible) against existing licensees and ask for conditions or sanctions. Protest forms are available on the ABC website: 

http://www.abc.ca.gov/forms/PDFCompl.html

ABC forms must be used and concerns and conditions being sought must be clearly stated.

ABC Sacramento Field Office info: 

                     main page is www.abc.ca.gov  

Example: Individuals can ask for serving hours to end at 10 or 11 PM and no noise beyond the premises. ABC does not address parking - this is a city issue. City entertainment rules cannot overule or contradict conditions imposed by the state. 

If an existing licensee is a problem, report them - they too are held to rules governing their licenses. Protest forms and instructions: http://www.abc.ca.gov/forms/PDFCompl.html

Keywords: If protesting new licenses might include: Undue Concentration and Proximity to Residences. Be as specific as possible in how far residences are from the establishment.
Keywords:  If protesting existing licensees might include: unreasonable noise, litter, graffiti, public drunkenness, property damage, vandalism, sales to minors, etc. - clearly state dates and times offenses took place and include photos or video if possible.