Midtown Neighborhood Association

Issue Background                                                                                     

The Midtown Neighborhood Association continues to advocate for good management of night time venues. Most of our night time venue neighbors (bars, nightclubs and restaurants) are good neighbors, and we love walking and biking to these night time destinations. Sadly, not all of our club/ bar neighbors are well managed or concerned about the neighborhood where they do business. Some are a draw for rowdy visitors who park up the neighborhood and subsequently disturb the peace and vandalize property. MNA continues to pursue collaborative relationships with the business community to advance good neighbor policies and sound best practices to effectively manage the night time economy and ensure peace and safety in the surrounding neighborhoods. Bars and nightclubs in close proximity to residential uses must be good neighbors, effectively managed with sufficient security to ensure the health, safety and peace of residents and other businesses.  

Most of Midtown is residential with a few mixed-use areas, ideal for unique destination retailers. Not all areas of Midtown are a good fit for entertainment uses. Midtown is mostly residential. Speciality retailers are other businesses that serve residents continue to be displaced by the known and acknowledged over concentration of liquor licensed venues on the grid. Some attract a rowdy crowd not compatible with residential or small business uses.

Protesting New Alcohol License Applications & Existing or Transferring License Holders

Selling alcohol is a privilege. Citizens (residents) have the right under state law to ask for reasonable conditions on noise and hours of operation on any licensed venue. Those close to  residences absolutely need conditions to protect residents. If the venue is within 100 feet of a residence, the law makes it easier to get conditions than for venues beyond 100 feet. Residents should still pursue conditions for venues beyond 100 feet of residences. Conditions of hours and noise from the premises are not only allowed but essential. Anyone can protest (ask for conditionsa0 hours and noise on any new or transferring license no matter how far it is from the closest residence. The protest period for new licenses and transfers is only 30 days so residents need to act fast to get conditions on a new or transferring license.  New and transferred license applications need to be posted for 30 days in a window or other easy to see spot on the proposed venue. The State of California (not the city) issues liquor licenses. However, residents can ask the City of Sacramento Police to help them get conditions.

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 or transfer 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: 

Sacramento View Street Map

2400 Del Paso Road, Suite 155 Sacramento, CA 95834 (916) 419-1319 (916) 419-3994 FAX SAC.Direct@abc.ca.gov

Alpine, Amador, Colusa, El Dorado, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo and Yuba

Paul Fuentes

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.  Take digital photos and video when possible to document these offenses.