Saratoga Retail Establishments Can Now Sell Beer, Wine

Despite Saratoga Mayor Jill Hunter opposing beer and wine sales in retail establishments with less than 40 percent of the floor area dedicated to food and beverage commerce, the Saratoga City Council approved them last week on a 4-1 vote.

The ordinance, which had its second reading and final approval at the May 15 Council meeting, also defines what food, beverage, retail establishment and market mean. 

The enhancement to Saratoga’s city code was recommended by then Saratoga Mayor Chuck Page, and prompted by the request two years ago by Vine Life for a waiver of the conditional-use permit required to allow them to sell a small amount of bottled wine.

Page noted that the city code treated on-site consumption of alcohol exactly the same as that sold for off-premise consumption, which he considered a purely retail sale.

Page explained, “This change in our code will recognize the difference between on-site consumption of alcohol and retail sales of beer and wine for off-premise consumption. Furthermore, it provides a less costly (no CUP required) way for retail establishments to add a small amount of retail alcohol sales as a complement to their business.”

The new ordinance removes the reference to tasting rooms, hotels and bed and breakfasts establishments and the specific time period for the permitted sale of beer and wine that were considered by the Saratoga Planning Commission.

"It would be sold and taken away," explained Hunter. "You could have a dress store that could sell beer and wine."

The ordinance affects all businesses citywide.

The Commission had proposed that no more than 500 square feet of retail establishment be used for such sales, or 10 percent of all floor space. 

Page indicated that, by using the Commission’s wording, a retail store that did not sell food would not be able to sell beer and wine for off-premise consumption, denying the possibility for the exact situation that prompted the request for the new code.

Page’s ultimate wording, approved 4-1 by the Council, with Mayor Hunter opposed, stated that beer and wine sales would be permitted if the floor space for the products occupied no more than 40 percent of the space that would be allowable for food and beverage sales. 

That calculation equals 10 percent of the total square footage of the total retail area, and no more than 500 square feet.

Page noted that there are very few, if any, retail spaces in Saratoga large enough to reach that maximum square footage.