New Law Really Works, Statistics Show

El Cajon, Calif. –The City of El Cajon is getting tough with local markets and liquor stores that violate the law.

This recently adopted law is what’s called the Deemed Approved Ordinance – a tool that allows the city to use its land-use authority to ensure alcohol businesses are complying with local laws, especially those that ban alcohol sales to minors and to serial inebriates.

Bill Wells Mayor of the City of El Cajon announced at a press conference on Tuesday, that this ordinance is making a difference in the community. “I want to point out that the Deemed Approved Ordinance is not debatable, it works!”

Under the ordinance, new and existing alcohol establishments, including liquor stores, markets and convenience stores, must adhere to a set of higher performance standards established by the city in August 2013 to reduce alcohol-related problems.

The Deemed Approved Ordinance provides clear operating guidelines for alcohol businesses, which include controlling graffiti, not selling to minors or intoxicated individuals and not allowing people to drink on their premises.

In addition, owners are required to obtain a conditional use permit when modifying the store, meaning existing store owners could be subject to the same requirements as new stores, which can include restrictions on the amounts and types of alcohol they sell, allowing a buffer zone in residential developments and schools and playgrounds, as well as other regulations.

The city has the ability to revoke and restrict the business license to sell alcohol on businesses that are found to be non-compliant with the new regulations. And it’s working! Thanks to the dedicated efforts of law enforcement and the participation of alcohol retailers the arrest crime statistics have dropped significantly.

According to the El Cajon Police Department, the baseline data collected prior to implementing the ordinance and other alcohol policies shows that police cited 526 people for public drunkenness arrests, 148 for drinking in public and 29 minors for possession of alcohol. However, in 2014 police arrested just 344 suspects for public drunkenness arrests, 109 for drinking in public and only two minors for possessing alcohol.

Police Chief Jim Redman said he is proud that the ordinance has been effective and that the majority of the area’s businesses “take (the ordinance) seriously.” The city needs to keep holding all stores selling liquor accountable, Redman said.

In 2014, the El Cajon Police Department conducted several minor decoy operations on 66 of the 79 off-sale alcohol businesses in El Cajon. The minor decoy program allows local law enforcement agencies to use minors as decoys to purchase alcoholic beverages from licensed premises and three businesses were cited for selling to minors.

As a result of these operations, 18 retailers sold alcohol to the minor decoy and three of the businesses sold alcohol to minors on two separate occasions. The El Cajon Planning Commission is currently evaluating the repeat violations of the three businesses, including Sky Fuel whose hearing was held on March 17, Tykes Liquor set for May 19th and Arnele Liquor for June 2nd.

El Cajon Police sent a minor decoy to Sky Fuel four times. On two occasions, a Sky Fuel attendant sold alcohol to a minor.

Owner of Sky Fuel, Nash Mirok told the planning commission that he trains all of his employees and that he shouldn’t have to be accountable for “one bad apple.”

Planning Commission members stated that businesses need to comply with the ordinance and that business owners are responsible for training employees appropriately to ensure they are in compliance with all laws.

One standard required by the ordinance is that owners and employees of all alcohol outlets attend the Responsible Beverage Sales Service (RBSS) training.

The training helps business owners and employees of alcohol establishments to learn how to spot fake identification and teach them how and when to refuse sales or service of alcohol to intoxicated individuals.

Mirok was reprimanded during the public hearing because he disregarded multiple letters regarding the mandatory RBSS training.

Not only does appropriate training help reduce sales to minors and other problems, they can reduce liability for storeowners.

“This is a teaching moment for business owners, the community and law enforcement,” said Anthony Sottile with the El Cajon Planning Commission. “Justice needs to prevail, because if not society is lost.”

The El Cajon Planning Commission temporarily revoked the license until Sky Fuel can comply with the new regulations. Sky Fuel has until March 30th to appeal.

Some business owners believe that a Deemed Approved Ordinance is designed to put problem businesses out of business, but health and safety experts disagree, saying the goal is to reduce community problems by holding retailers accountable by complying with the law.

“Many business owners are scared of any law that can affect their alcohol sales,” said Beth Sise, chair of the Alcohol Policy Panel of San Diego County. “The truth is, though, these laws are not designed to put anyone out of business. They are designed to get problem businesses to obey the law, reduce alcohol-related problems and create safer communities for residents and neighboring businesses.”

The San Diego County Binge and Underage Drinking Initiative recently conducted a public records request of 16 cities in California that have implemented Deemed Approved Ordinances and found that only four alcohol businesses, of more than 7,300 alcohol licenses issued, had their conditional use permits either revoked or suspended due to highly problematic business practices and repeated violations.