HomeMy WebLinkAbout12/13/11 1
“If your ship doesn't come in, swim out to it!” - Jonathan Winters
AGENDA
HERMOSA BEACH CITY COUNCIL
Tuesday, December 13, 2011 - Council Chambers, City Hall
1315 Valley Drive
6:00 p.m. - CLOSED SESSION: See attached Closed Session Agenda
7:00 p.m. - REGULAR MEETING
MAYOR
Howard Fishman
CITY CLERK
Elaine Doerfling
MAYOR PRO TEM
Jeff Duclos
CITY TREASURER
David Cohn
COUNCIL MEMBERS
Patrick ‘Kit’ Bobko
Michael DiVirgilio
Peter Tucker
CITY MANAGER
Stephen R. Burrell
CITY ATTORNEY
Michael Jenkins
All council meetings are open to the public. PLEASE ATTEND.
The Council receives a packet with detailed information and recommendations on nearly every
agenda item.
City Council agendas and staff reports are available for your review on the City's web site
located at www.hermosabch.org.
Complete agenda packets are also available for public inspection in the Police Department, Fire
Department, Public Library and the Office of the City Clerk.
During the meeting, a packet is also available in the
Council Chambers foyer.
Written materials distributed to the City Council within 72 hours of the City Council meeting
are available for public inspection immediately upon distribution in the City Clerk's office at
1315 Valley Drive, Hermosa Beach, California, during normal business hours.
All written communications from the public included in the agenda will be posted with the
agenda on the City’s website
To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD)
will be available for check out at the meeting.
If you require special assistance to participate in this meeting, you must call or submit your
request in writing to the Office of the City Clerk at (310) 318-0203 at least 48 hours prior to the
meeting.
Your participation in this meeting is in the public domain. Meetings are both cablecast
and streamed live over the Internet. Minutes of this meeting will reflect your participation in
this meeting and are posted on the city’s website
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
ANNOUNCEMENTS
PRESENTATIONS
PRESENTATION BY THE
EMPLOYER SUPPORT OF THE GUARD AND RESERVE (ESGR),
A DEPARTMENT OF DEFENSE AGENCY
ANNOUNCEMENT OF THE WINNER OF THE
PARKING PERMIT ART CONTEST
CERTIFICATE OF RECOGNITION TO
JONIE ACKERMAN
IN RECOGNITION OF HER OUTSTANDING SERVICE AS
LT. GOVERNOR
KIWANIS INTERNATIONAL
CALIFORNIA-NEVADA-HAWAII DISTRICT
DIVISION 19
LEADERSHIP HERMOSA
EMERGING LEADER AWARD 2011
RICHARD “DICKIE” O’REILLY
PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown
Act generally prohibits the Council from taking action on any matter not listed on the posted
agenda as a business item.
1. ORAL AND WRITTEN COMMUNICATIONS
This is the time for members of the public to address the City Council on any items within the
Council's jurisdiction not on this agenda, on items on this agenda as to which public comment
will not be taken, or to request the removal of an item from the consent calendar. Comments on
public hearing items are heard only during the public hearing. Members of the audience may
also speak:
1) during discussion of items removed from the Consent Calendar;
2) during Public Hearings; and,
3) during discussion of items appearing under Municipal Matters.
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Comments from the public are limited to three minutes per speaker.
The City Council acknowledges receipt of the written communications listed below. No action
will be taken on matters raised in written communications.
The Council may take action to schedule issues raised in oral and written communications for a
future agenda.
Citizens with comments regarding City management or departmental operations are requested to
submit those comments to the City Manager.
WRITTEN COMMUNICATIONS
(a) Letter from Mike Miller dated November 29, 2011 regarding recognition of the City
of Hermosa Beach Green Task Force by the Wyland Foundation.
(b) Letter from Geoff Hirsch dated December 6, 2011 regarding landlord practices at
the Marineland Mobilehome Park.
2. CONSENT CALENDAR: The following more routine matters will be acted upon by
one vote to approve with the majority consent of the City Council. There will be no
separate discussion of these items unless a Council member removes an item from the
Consent Calendar. Items removed will be considered under Agenda Item 4, with public
comment permitted at that time.
(a) Recommendation to approve minutes of the regular meeting of the City Council
held on November 22, 2011.
(b) Recommendation to ratify check register.
(c) Recommendation to receive and file
1) Tentative Future Agenda Items; and,
2) City Council Directives
(d) Recommendation to accept donations of $500.00 from the Woman’s’ Club of
Hermosa Beach to be used for the Veteran’s Memorial repairs and maintenance;
$25.00 from Lowell Stirratt to be used for fire prevention education materials; and,
$1,000.00 from the Friends of the Park to be used for sand replacement at South
Park. Memorandum from Finance Director Viki Copeland dated December 5, 2011.
(e) Recommendation to waive the banner application fee of $206 for the Hermosa
Beach Education Foundation’s Hearts of Hermosa event. Memorandum from City
Manager Stephen Burrell dated December 6, 2011.
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(f) Recommendation to approve the request of the Hermosa Beach Chamber of
Commerce and Visitors Bureau to produce the annual St. Patrick’s Day Parade on
Saturday, March 17, 2012 and waive any fees. Memorandum from City Manager
Stephen Burrell dated December 6, 2011.
(g) Recommendation to authorize the appropriation of COPS funds in the amount of
$11,642.47 for the purchase of additional portable radios for Community Services
Officers, upgrade the cable to the traffic office to Cat6 cable to improve speed and
signal, purchase emergency response equipment, purchase an additional file server
to handle new Laserfische system, and purchase a cell phone booster system to cover
the basement of the Police Department.
(h) Recommendation that the City Council be given notice, pursuant to Council
Resolution 10-6710a of the Police Chief’s intent to file a “Letter of Protest” to
oppose extending the hours of sales, service and consumption of alcoholic beverages
from the current 9am-10pm everyday, to 9am – 10pm, Sunday-Wednesday and 9am
– 11pm Thursday-Saturday, for the establishment known as Rockefeller’s, 420-422
Pier Avenue. Memorandum from Police Chief Greg Savelli.
(i) Recommendation to authorize the appropriation of $25,000 from the Asset Seizure
and Forfeiture Fund for the purchase of one (1) 2012 Dodge Grand Caravan SE to
replace the 2005 Chevrolet Silverado pickup currently assigned to the Investigations
Division. Memorandum from Police Chief Greg Savelli dated November 21, 2011.
(j) Recommendation to approve a Professional Services Agreement with Bucknam &
Associates, Inc. of Laguna Niguel to provide a Citywide Pavement Management
Program update in the amount of $37,870; authorize the Mayor to execute and City
Clerk to attest subject to approval by the City Attorney; and, authorize the Director
of Public Works to make changes to the agreement within the project budget.
Memorandum from Public Works Director Frank Senteno dated December 5, 2011.
(k) Recommendation to receive and file the action minutes of the Public Works
Commission meeting of July 20, 2011.
(l) Recommendation to receive and file the action minutes of the Public Works
Commission meeting of September 14, 2011.
(m) Recommendation to receive and file the action minutes of the Public Works
Commission meeting of November 16, 2011.
(n) Recommendation to receive and file the action minutes of the Planning Commission
meeting of December 7, 2011.
3. CONSENT ORDINANCES
NONE
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4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Public comments on items removed from the Consent Calendar.
5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.
a. AMENDMENT TO SOUTH PARK MASTER PLAN TO ALLOW A
SPACE FOR A COMMUNITY GARDEN LOCATED IN THE
NORTHEAST CORNER OF THE PARK. Memorandum from City Manager
Stephen Burrell dated October 11, 2011.
RECOMMENDATION: That the City Council conduct a public hearing and
consider any input from the public and consider the recommendations of the
Parks, Recreation and Community Resources Advisory Commission to approve
the amendment allowing construction of a Community Garden.
b. CONSIDER THE RECOMMENDATION FROM THE PARKS,
RECREATION AND COMMUNITY RESOURCES ADVISORY
COMMISSION THAT THE CITY COUNCIL APPROVE THE
INSTALLATION OF TWO ADDITIONAL VOLLEYBALL COURTS
JUST SOUTH OF 16TH STREET. Memorandum from City Manager
Stephen Burrell dated October 11, 2011.
RECOMMENDATION: Continue to meeting of January 10, 2012.
c. AMENDMENT TO EXISTING TAXI CAB FRANCHISE ALLOWING AN
ADDITIONAL TEN (10) TAXI CABS FOR EACH OF THE FOUR (4)
FRANCHISEES AND, IN ADDITION, THE AMENDMENT WOULD
INCLUDE A PROVISION WHICH REQUIRES THE EXISTING
FRANCHISEES TO PROVIDE A “CAB-STARTER” AT THE MAIN TAXI
STAND (HERMOSA AVE. JUST SOUTH OF PIER) ON FRIDAY AND
SATURDAY NIGHTS AND ON MAJOR HOLIDAYS SUCH AS LABOR
DAY AND MEMORIAL DAY (SUNDAYS), THE FOURTH OF JULY,
HALLOWEEN AND NEW YEARS’ EVE (WHATEVER DAY THEY FALL
ON) AND ST. PATRICK’S DAY (THE EVENING AFTER THE PARADE)
FROM 11 P.M. TO 2:30 A.M, (3.5 HOURS). Continued from meeting of
November 8, 2011. Memorandum from Police Chief Greg Savelli.
RECOMMENDATION: Accept public comment and consider approval of an
amendment to the existing Taxi Cab Franchise allowing an additional ten (10) taxi
cabs for each of the four (4) franchisees. In addition, the amendment would
include a provision which requires the existing franchisees to provide a “cab-
starter” at the main taxi stand (Hermosa Ave. just south of Pier) on Friday and
Saturday nights and on major holidays such as Labor Day and Memorial Day
(Sundays), the Fourth of July, Halloween and New Years’ Eve (whatever day they
fall on) and St. Patrick’s Day (the evening after the parade) from 11 p.m. to 2:30
a.m. (3.5 hours).
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d. REVIEW AND RECONSIDERATION OF A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH,
APPROVING A CONDITIONAL USE PERMIT AND PARKING PLAN
AMENDMENTS TO EXPAND AN APPROXIMATELY 1,500 SQUARE
FOOT EXISTING RESTAURANT WITH ON-SALE BEER AND WINE BY
APPROXIMATELY 790 SQUARE FEET AT 1121 AVIATION
BOULEVARD (GU GU SUSHI & ROLL) WITH LESS THAN REQUIRED
PARKING, USING SHARED PARKING WITHIN THE SHOPPING
CENTER AT THE NORTHEAST CORNER OF THE INTERSECTION OF
PROSPECT AVENUE AND AVIATION BOULEVARD. Memorandum from
Community Development Director Ken Robertson dated December 6, 2011.
RECOMMENDATION: Adopt resolution affirming the Planning Commission’s
decision to approve Conditional Use Permit and Parking Plan Amendments
subject to conditions.
e. APPEAL OF PLANNING COMMISSION RESOLUTION ADOPTED ON
OCTOBER 18, 2011, DENYING A CONDITIONAL USE PERMIT
AMENDMENT FOR AN EXISTING RESTAURANT WITH ON SALE
GENERAL ALCOHOL AND LIVE ENTERTAINMENT, “BLUE 32”, TO
EXTEND HOURS OF OPERATION FROM 12:00 MIDNIGHT CLOSING
DAILY TO 1:00AM CLOSING THURSDAY TO SUNDAY AND VARIOUS
HOLIDAYS; TO EXTEND LIVE ENTERTAINMENT HOURS FROM AN
11:30PM CLOSING DAILY TO 12:30AM THURSDAY TO SUNDAY AND
VARIOUS PUBLIC HOLIDAYS; TO REMOVE PROHIBITIONS ON
CUSTOMER DANCING AND ADMISSION CHARGES; TO MODIFY THE
SEATING PLAN; AND, TO MODIFY FOOD SALES REPORTING
REQUIREMENTS, AT 1332 HERMOSA AVENUE. Memorandum from
Community Development Director Ken Robertson dated December 6, 2011.
RECOMMENDATION:
1. Adopt resolution sustaining the Planning Commission’s denial of a
Conditional Use Permit Amendment to extend hours and modify other
conditions of operation, including new proposals of the applicant herein;
or,
2. Direct staff to return with a resolution approving the applicant’s modified
proposal with a reduced scope with appropriate findings and conditions
and sustaining the Planning Commission’s denial of a Conditional Use
Permit Amendment for the remainder of the request.
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6. MUNICIPAL MATTERS
a. REQUEST TO WITHDRAW THE CITY PROTEST OF STATE
ALCOHOL BEVERAGE CONTROL (ABC) LICENSE REQUEST AT 1332
HERMOSA AVENUE (ESTABLISHMENT FORMERLY BLUE 32).
Memorandum from Community Development Director Ken Robertson dated
December 6, 2011.
RECOMMENDATION: Direct staff as deemed appropriate.
b. 2012 SUMMER BEACH CONCERT SERIES – REQUEST TO PROVIDE
BACKSTAGE AREA AS PART OF STAGE SET UP. Memorandum from
City Manager Stephen Burrell dated December 5, 2011.
RECOMMENDATION: That the City Council approve the proposed addition
to the stage area set for the Summer Concert Series and direct staff to make any
required changes in the agreement with Saint Rocke.
c. RECONSIDERATION OF PLANNING COMMISSION
INTERPRETATION THAT PROJECTING VIDEO IMAGES ARE
CONSIDERED WITHIN THE MEANING OF TELEVISIONS/MONITORS
WHEN REGULATED BY CONDITIONAL USE PERMITS. Memorandum
from Community Development Director Ken Robertson dated December 7, 2011.
RECOMMENDATION: Concur with the Planning Commission interpretation
that projecting video images are considered within the meaning of
television/monitors.
d. REVIEW AND RECONSIDERATION OF THE PLANNING
COMMISSION DECISION THAT DISPLAYS, AS REVISED, ARE
MURALS, 1325 HERMOSA AVENUE (‘BEACH MARKET’). Memorandum
from Community Development Director Ken Robertson dated December 1, 2011.
RECOMMENDATION: Adopt a resolution affirming the Planning
Commission’s determination that the subject displays, as revised without the
‘Coca Cola’ logos, are ‘murals’.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. GOALS AND WORKPLAN FOR 2012-13. Memorandum from City Manager
Stephen Burrell dated December 7, 2011.
RECOMMENDATION: That the City Council review and accept the Goals and
Workplan for 2012-13
8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
NONE
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9. OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items. No discussion or
debate of these requests shall be undertaken; the sole action is whether to schedule the
item for consideration on a future agenda. No public comment will be taken.
a. Request from Mayor Fishman that the Valley Drive sharrow lane be moved
up to be implemented during the 1st Quarter of 2012 in conjunction with a
Valley Drive sharrow lane in Manhattan Beach.
ADJOURNMENT
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AGENDA
CLOSED SESSION MEETING
HERMOSA BEACH CITY COUNCIL
Tuesday, December 13, 2011 - Council Chambers, City Hall
1315 Valley Drive
6:00 p.m.
The City Council finds, based on advice from legal counsel, that discussion in open session will
prejudice the position of the City in existing and anticipated litigation.
CALL TO ORDER
1. PUBLIC COMMENT: This time has been set aside for members of the public to
address the City Council on Closed Session items.
2. MINUTES: Approval of minutes of Closed Session meeting held on November 22, 2011.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
a. Property: 552 11th Place
Negotiating Parties: Stephen Burrell
Richard Thielscher
Under Negotiation: Price & Terms of Payment
4. CONFERENCE WITH LEGAL COUNSEL
The City Council finds, based on advice from legal counsel, that discussion in open
session will prejudice the position of the City in the litigation.
Existing Litigation: Government Code Section 54956.9(a)
a. Name of Case: Macpherson v. City of Hermosa Beach
Case Number: BC172546
ADJOURNMENT
Knight Restaurant Group, LLC. | 1332 Hermosa Avenue, #1, Hermosa Beach, CA 90254
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APPEAL TO HERMOSA BEACH CITY COUNCIL
DECEMBER 13, 2011
Knight Restaurant Group, LLC. | 1332 Hermosa Avenue, #1, Hermosa Beach, CA 90254
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City of Hermosa Beach
Attn: Ken Robertson
1315 Valley Drive
Hermosa Beach, CA 90254
December 5, 2011
Re: Appeal of Planning Commission Resolution Adopted October 18, 2011,
Denying a Conditional Use Permit Amendment (1332 Hermosa Avenue, #1).
Dear Ken:
Thank you very much for taking the time to meet about the modification of the CUP
amendment request for the new restaurant “Establishment”, located at 1332 Hermosa
Avenue, #1 (Formerly Blue 32). As we discussed we are looking to modify the original
request to address the following items in appeal:
I. Seating Plan and Occupant Load (Condition #3):
We are looking to make the minor changes requested by the Cities Building and
Fire Departments to the architectural seating plans. We are submitting the
minor changes requested to meet the Cities calculation of 140 which include
employees. This change will allow us to address the missing employees from
the 2005 calculation. We have spent a lot to increase the dining seating which
has increased by 31-seats to 119. We are simply looking to add the 14-
employees that should have been included by code in the 2005 plans.
II. Admission Charges (Condition #5):
We are requesting to be allowed to charge a cover charge on up to 6-nights a
year with prior approval from the Police Chief at least one week in advance.
This will allow us to accommodate special events such as Leadership Hermosa
charging a cover for project donations, Hermosa Beach Education Foundation
events, or a special pay-per view event.
III. Hours of Live Entertainment (Condition #8)
Currently the hours of live entertainment are Thursday through Sunday from
7pm until a half hour before closing. We are looking to start live entertainment
at 11am daily until a half hour before close. This will allow us to adapt to the
requests of customers. Typically as a business live entertainment would be
most useful on a slow Monday, Tuesday or Wednesday for customers. This
also allows us to accommodate requests for charity events, weddings and
company parties that almost always request live entertainment.
Knight Restaurant Group, LLC. | 1332 Hermosa Avenue, #1, Hermosa Beach, CA 90254
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IV. Allowing the Transfer of the New ABC License without Protest
We have attached a separate letter in regards to the separate agenda item for the removal of the
City Protest of the ABC transfer from (Shark’s Cove-1220 Hermosa Avenue) to (Establishment-
1332 Hermosa Avenue, #1).
We are not asking to make any changes to the CUP hours of operation at this point. This request
will allow us to be in a position to obtain a 180-day temporary operating permit from the ABC until
an administrative hearing is scheduled 6-months from now. This will give us an opportunity to
open and start creating a track record with the City. It is just not financially possible to keep
paying a large rent payment; while waiting up to 6-months for a hearing.
We are extremely excited that we have the opportunity to create a concept that the residents and
the City can be proud of. Thank you again for your help and consideration on this matter.
Sincerely,
David Lowe
Shane McColgan
Managing Members
(310) 908-6157
dave@knight-restaurant-group.com
(310) 594-7469
shane.mccolgan@yahoo.com
GREEN RESTAURANT® 4.0 STANDARDS
Restaurants • Cafeterias • Bars • New Builds • Events • All Foodservice Operations
Green Restaurant® 4.0 provides a comprehensive and user-friendly method of rewarding existing restaurants,
new builds, and events with points in each of the GRA’s Environmental Guideline categories, which include
1. Energy
2. Water
3. Waste
4. Disposables
5. Chemical and Pollution Reduction
6. Sustainable Food
7. Sustainable Furnishings and Building Materials
Certified Green Restaurants® must fulfill the following:
1. Accumulate a total of 100 points
2. Meet minimum points in each category
3. Full-scale recycling program
4. Free of polystyrene foam (aka Styrofoam)
5. Annual education program
Under the Green Restaurant® 4.0 standards, restaurants will have the ability to reach one of three Levels of
Certified Green Restaurants®:
1. 2 Star Certified Green Restaurants® have a minimum of 100 points
2. 3 Star Certified Green Restaurants® have a minimum 175 points
3. 4 Star Certified Green Restaurants® are trailblazers that have tallied at least 300 points
Page 1 of 21
Continual Change
As the market changes and provides more plentiful and better environmental solutions, it is important that,
over the years, restaurants continue to make improvements. So, part of Green Restaurant® 4.0 is that
element of continual improvement, described below:
To reach certification, a restaurant must meet a minimum of 100 points.
By the end of Year 1, restaurant must maintain 100 points.
By the end of Year 2, restaurant must have 110 points.
By the end of Year 3, restaurant must have 120 points.
By the end of Year 4, restaurant must have 130 points.
By the end of Year 5, restaurant must have 140 points.
By the end of Year 6, restaurant must have 150 points.
By the end of Year 7, restaurant must have 160 points.
By the end of Year 8, restaurant must have 170 points.
By the end of Year 9, restaurant must have 175 points.
By the end of Year 10, restaurant must have 180 points.
By the end of Year 11, restaurant must have 185 points.
Each year thereafter, restaurant must have additional five points per year.
2 Star 3 Star 4 Star
Energy 10 points 10 points 10 points
Water 10 points 10 points 10 points
Waste 10 points 10 points 10 points
Disposables 10 points 10 points 10 points
Chemical & Pollution Reduction 10 points 10 points 10 points
Sustainable Food 10 points 10 points 10 points
Sustainable Furnishings & Building Materials 0 0 0
Points drawn from any category 40 points 115 points 240 points
REQUIRED MINIMUM 100 Points 175 Points 300 Points
Page 2 of 21
New Builds
Certified Green Restaurant® Sustainabuild™
This option is geared towards new builds and renovations. To receive this designation, a restaurant
must
1. Accumulate a total of 205 Points
2. Accumulate minimum points, per Matrix Below
3. Full-scale recycling program, including construction recycling
4. Free of polystyrene foam (aka Styrofoam)
5. Annual education program
Sustainabuild™
Energy 90 points
Water 30 points
Waste 12.5 points
Disposables 10 points
Chemical & Pollution Reduction 30 points
Sustainable Food 10 points
Sustainable Furnishings & Building Materials 20 points
Points drawn from any category 2.5 points
REQUIRED MINIMUM 205 Points
Events
Certified Green Restaurant® Events
This option is geared towards the foodservice portion of an event.
To receive this designation, an event must
1. Accumulate a total of 80 Points
2. Accumulate minimum points in each category, per Matrix Below
3. Full-scale recycling program
4. Free of polystyrene foam (aka Styrofoam)
Event Level 1 Event Level 2
Energy 0 points 15 points
Water Efficiency 0 points 0 points
Waste 15 points 20 points
Disposables 15 points 50 points
Chemical & Pollution Reduction 5 points 20 points
Sustainable Food 25 points 55 points
Sustainable Furnishings & Building Materials 0 points 0 points
Points drawn from any category 20 points 0 points
REQUIRED MINIMUM 80 points 160 points
Page 3 of 21
ENERGY EFFICIENCY
Restaurants are the largest consumer of electricity in the commercial sector. The goal of
this section is to encourage foodservice facilities to move toward the goal of becoming
carbon-neutral and using only sustainable sources of energy. This is achieved through
using more energy-efficient equipment, offsetting energy usage, and generating on-site
renewable clean sources of energy.
Points are awarded based on the percentage of items that meet each criterion.
Points are only awarded for the highest standard met.
STEPS
POINTS
EE1. HEATING, COOLING, VENTILATION
Programmable thermostat 3
Energy Star furnace 3.75
Energy Star HVAC – heating element 4.25
CEE Tier 1 HVAC – heating element 4.75
CEE Tier 2 HVAC – heating element 5.25
Energy Star exhaust fan 3.75
No air conditioner 10.5
Energy Star air conditioner – room 3.25
Energy Star air conditioner – central 4.75
Energy Star HVAC – cooling element 3.25
CEE Tier 1 HVAC – cooling element 4.5
CEE Tier 2 HVAC – cooling element 5.25
Energy Star ceiling fan 3.75
Energy Star qualified windows 3.75
Stacked parking (underground or multilevel garage) 3.75
Open-grid pavement system for parking lot area 3.75
EnergyStar-compliant, high reflectance roofing material on roof surface
(min emisssivity of 0.9)
3.75
Window film that blocks solar heat 3.75
Shading of nonroof impervious surfaces 3.75
Page 4 of 21
Light-colored / reflective materials on nonroof impervious surfaces 3.75
Heat recovery system – HVAC 3.75
Energy management system - HVAC 3
Fresh air heat exchanger – HVAC 3.75
Barrier between outside air and main entrance (air curtain, double doors,
outdoor structure, indoor curtain)
1
The following five items apply to StartUp or Renovation Clients only:
Insulation - meet recommended R-value for restaurant’s zip code 3.75
Insulation - exceed recommended R-value for restaurant’s zip code 5.25
Duct sealing 3.75
Radiant barrier insulation 3.75
Weatherstripping 3.75
EE2. WATER HEATING
Insulation – tanks and pipes 7.5
Energy management system 3
Heat recovery system 9
Tankless units 8.25
High efficiency water heater = 90+% thermal efficiency 9.75
Low flow pre-rinse spray valves, flow rate ! 1.28 gpm 6
Ultra low flow pre-rinse spray valves, flow rate ! 1 gpm 6.75
Flow rate of handwashing sinks (Kitchen & Restroom) ! 1.5gallons per
minute
1
Flow rate of handwashing sinks (Kitchen & Restroom) ! 1.0 gallons per
minute
2
Flow rate of handwashing sinks (Kitchen & Restroom) !0.5 gallons per
minute
3
Flow rate of non-fill prep sinks ! 1.5 gallons per minute 1
Flow rate of non-fill prep sinks ! 1.0 gallons per minute 2
EnergyStar qualified dishwasher 7.5
Energy Star qualified washing machine 2.5
CEE Tier 2 qualified washing machine 2.75
CEE Tier 3 qualified washing machine 3
EE3. MISC.
High efficiency hand dryer that uses < 1500W and has a drying time < 15
seconds
7.5
Page 5 of 21
Energy Star qualified television 3
Equipment timers 3
EE4. LIGHTING
T8 lamps meet CEE High Performance T8 Specifications 3.75
T5 and high efficiency T8 (meet CEE Reduced Wattage Spec) lamps 4.25
High efficiency halogens - lumens per watt greater than 20 5.25
Conventional compact fluorescent lamps (CFL’s) 7.5
Energy Star compact fluorescent lamps (CFL) 8.5
LED lamps 18
Occupancy sensors – restrooms 2.25
Occupancy sensors - storage closets 2.25
Occupancy sensors – walk-in, merchandiser, vending machine 2.25
Occupancy sensors – office 2.25
Photocell / daylight sensors - dining room 2.25
Photocell / daylight sensors - kitchen and office space 2.25
Lighting timers 2.25
EE5. KITCHEN EQUIPMENT - COOKING
Fully insulated food warmer 2.25
Energy Star qualified holding cabinet 7.5
CEE Tier 2 holding cabinet 11.25
Boilerless / connectionless steamer 8
Energy Star qualified steamer 11.25
Energy Star qualified fryer 11.25
Energy Star qualified convection oven 11.25
Infrared charbroiler 2.25
Energy Star qualified griddle 7.5
Hood with variable volume control 3.5
Wall mounted exhaust canopy
Engineered proximity hood
2.5
3.5
The following three pieces of equipment must qualify for a utility rebate as determined by the
Food Service Technology Center (FSTC)
Rebate qualified combination oven 11.25
Rebate qualified conveyor oven 11.25
Rebate qualified rack oven 11.25
Page 6 of 21
NOTE: Any items not listed here will be addressed by GRA Consultants on a case-by-case
basis.
EE6. KITCHEN EQUIPMENT - REFRIGERATION
Energy Star qualified solid door reach-in refrigerator 6
Energy Star qualified glass door reach-in refrigerator 6
Energy Star qualified solid door reach-in freezer 6
Energy Star qualified glass door reach-in freezer 6
Energy Star / CEE Tier 1 qualified ice machine 7.5
CEE Tier 2 qualified ice machine 11.25
Walk-In refrigerator with an electronically commutated motor (ECM) 4.5
Walk-In refrigerator with strip curtains 2.25
Merchandiser with T8 lights and night curtain 2.25
NOTE: Any items not listed here will be addressed by GRA Consultants on a case-by-case
basis.
EE7. ANNUAL MAINTENANCE
Refrigeration (including new gaskets), HVAC, cooking equipment 4.5
EE8. OFFICE EQUIPMENT
Energy Star qualified cordless phone 0.75
Energy Star qualified computer 0.75
Energy Star qualified monitors 0.75
Energy Star qualified printer 0.75
Smart Strip power strip 0.75
Energy Star qualified copier, fax, scanner & printer 1.5
EE9. RENEWABLE ENERGY
For section EE9, points awarded are based on the percentage of the restaurant’s energy that
is offset.
On-site renewable energy (solar panels, wind turbine, geothermal, solar
water heater, solar exhaust)
!
333.5
Green-e certified renewable energy credits (RECs)
!
20
Page 7 of 21
WATER EFFICIENCY
An average restaurant can use 300,000 gallons of water per year. The goal of this section
is to promote water efficiency and conservation in food service facilities. Unless
otherwise noted, points will be rewarded if 100% of the items in the facility meet the
requirements.
Points are awarded based on the percentage of items that meet each criterion.
Points are only awarded for the highest standard met.
STEPS POINTS
WE1. LANDSCAPING
Low water landscaping covers 50% of site area 3
Water catchment and reuse (i.e. rain barrel) 4.25
WE2. KITCHEN
Flow rate of non-fill prep sinks !1.5 gallons per minute 1.5
Flow rate of non-fill prep sinks ! 1.0 gallons per minute 2.25
Low-flow pre-rinse spray valves, flow rate ! 1.28 gpm 5.75
Ultra low-flow pre-rinse spray valves, flow rate ! 1 gpm 6.5
EnergyStar qualified dishwasher 3
Boilerless / connectionless steamer 3
Energy Star qualified steamer 4.25
Energy Star / CEE Tier 1 ice machine 3
CEE Tier 2 ice machine 4.25
On demand sink disposal 1
WE3. RESTROOMS
Dual flush handle toilet = 1.6 gpf / 1.0 gpf 1
High-efficiency toilets = 1.28 gpf 2
Ultra high-efficiency toilets = 1.0 gpf 3
Composting toilet 4.25
High-efficiency urinal = 1/8 gpf 3
Waterless urinals 4.25
Automatic faucets (no handles, water is on for a pre-set period of time) 0.75
Touchless sensor faucet 1.5
Page 8 of 21
Solar or water-powered touchless sensor faucets 3
Low flow shower head ! 1.5 gpm 1
WE4. OTHER
Flow rate of all handwashing sinks (Kitchen & Restroom) ! 1.5 gallons per minute 1.5
Flow rate of all handwashing sinks (Kitchen & Restroom) ! 1.0 gallons per minute 2.25
Flow rate of all handwashing sinks (Kitchen & Restroom) ! 0.5 gallons per minute 3
Linen service is a member of Laundry ESP 3
Energy Star qualified washing machine (in-house) 3.25
CEE Tier 2 qualified washing machine 3.75
CEE Tier 3 qualified washing machine 4.5
Serve water upon request and provide educational commentary (i.e. signage, note on
menu) to inform customers.
3
Greywater reuse for irrigation 4.25
Greywater reuse for plumbing 7.25
On-site wastewater treatment and reuse as potable water 25
Page 9 of 21
WASTE
An average restaurant can produce 150,000 pounds of garbage each year. The goal of
this section is to encourage foodservice facilities to move toward the goal of becoming
zero-waste, through reducing waste output, increasing stock of reusable items, and
recycling and composting what is left.
The following cities offer commercial composting services.
- New York - Greater-Boston - Los Angeles - Seattle
- Chicago - DC-Metro - Baltimore-Metro
- Atlanta - Cleveland - Burlington, VT
STEPS POINTS
W1. RECYCLING & COMPOSTING
All Items in This Box are Required for Certification If an item is not available for recycling or
composting in a restaurant’s area, then the restaurant is not required to divert that material. See
above for a list of cities where commercial composting is available.
Plastics, glass, and aluminum 10
Cardboard 8
Paper 2
Grease to biodiesel or energy 2.5
Composting – pre-consumer (kitchen waste) 17.5
Composting – post-consumer (food and packaging)
7.5
W2. CONSTRUCTION RECYCLING
New construction 2.5
Renovation 1.25
W3. HAZARDOUS WASTE
Fluorescent lamps 0.5
Batteries 0.5
Paints and chemicals 0.5
Electronics 0.5
W4. WASTE REDUCTION- OFFICE
Reuse or recycle ink cartridges 0.25
Junk mail reduction 0.25
Double-sided printer 1
Online, paperless fax 1
Paperless billing for all vendors 3
Paperless payroll for all employees 3
Paperless submission GR4.0 Assessment materials - electronically via email or
online file sharing
3
Page 10 of 21
Paperless submission of GR4.0 Assessment materials – CD or memory stick 2
W5. WASTE REDUCTION- DISPOSABLE PRODUCTS
Bulk Packaging (i.e no individual packets)
Condiments for in-house use 1
Coffee station items 1
At least 2 vendors make deliveries with returnable packaging at least twice per
month
1
More than 2 vendors make deliveries with returnable packaging at least twice
per month
2.25
Reusable coffee filter 1
Reusable coasters 1
No bottled water served on-site 3.5
No paper towels in restrooms 2
100% reusable tableware used for staff meals 3.5
Reusable mug program: Signage + Monetary incentive to encourage customers
to re-use mugs (i.e. “Save 5 cents every time you use a reusable mug”.)
2.25
Reusable bag program: Signage + Monetary incentive to encourage customers
to re-use bags (i.e. “Save 5 cents every time you use a reusable bag”.)
2.25
Reusable container program: Signage + Monetary incentive to encourage
customers to re-use containers (i.e. “Save 5 cents every time you use a reusable
container”.)
2.25
For Cafeteria-Style Restaurants Only
Reusable trays 1
No trays 3
For Fine Dining Restaurants Only
No table covering for tables in a fine dining restaurant 4.5
Reusable sustainable linens (organic cotton, hemp, etc.) 3.5
Reusable conventional linens 2.25
Recycled kraft paper table covering 1
W6. WASTE REDUCTION- FOOD
Weekly (at least) donations to food bank or material exchange 5
NOTE: For those restaurants that donate left-over food on a regular
basis and compost post-consumer waste, the total points possible is 7.5.
Offer smaller portions, at least 25% smaller, for 50% of entrees at a reduced
price
2.25
Page 11 of 21
RECYCLED AND BIOBASED
DISPOSABLES
The goal of this section is to encourage foodservice facilities to move toward using
products that don't require extracting virgin resources, especially petroleum-based
resources. Instead, restaurants should use products that are made from bio-based
materials, or materials that have been previously recycled and made into these new
products.
Required: No polystyrene foam
Points
D1. NO DISPOSABLES
Reusable napkins 6.5
Reusable hand towels in restrooms 6.5
Fast Casual and Fast Food restaurants only
Reusable utensils for dine-in customers 6.5
Reusable dishes for dine-in customers 6.5
Reusable glasses / mugs for dine-in customers 6.5
For Cafeterias that do not offer disposable food service items
Reusable utensils for dine-in customers 3
Reusable dishes for dine-in customers 3
Reusable glasses / mugs for dine-in customers 3
For Cafeterias that offer disposables for to-go items only
Reusable utensils for dine-in customers 2
Reusable dishes for dine-in customers 2
Reusable glasses / mugs for dine-in customers 2
D2. FOOD SERVICE DISPOSABLES
The GRA will evaluate the following items:
- Take-out containers
- Cold cups
- Hot cups
- Plates
- Bowls
- Cutlery & straws
- Plastic bags
Page 12 of 21
- Cup carriers
- Trash liners
- Pizza circles
- Food trays
- Pizza boxes
- Cup sleeves
- Paper bags
Points will be assigned based on one of the following three attributes (except for pizza
boxes and paper bags. See * below):
1. Biobased = 0.75 points
2. Pre-Consumer Recycled Paper:
10 – 49% = 0.5 points
50 – 100% = 1 point
3. Post Consumer Recycled Plastic:
10 – 49% = 1.5 points
50 – 100% = 2 points
4. Post Consumer Recycled Paper = 3.5 points
* The following six items only apply to pizza boxes, cup sleeves, and paper bags:
Meet Bleaching Requirement = 0.5
Meet Total Recycled Content Requirement = 0.25
Contains 10-39% Post Consumer Waste = 0.5
Contains 40-69% Post Consumer Waste = 1
Contains 70-89% Post Consumer Waste = 2
Contains 90-100% Post Consumer Waste = 2.75
Points are awarded based on the percentage of items that meet each criteria.
For example, Restaurant A has two types of take-out containers - hinged
containers and soup cups. If the hinged containers contain post consumer recycled
paper (3.5 points) and the soup cups are biobased (0.75 points), Restaurant A will
receive:
(50% * 3.5) + (50% * 0.75) = 2.125 points
Points are only awarded for the highest standard met
Page 13 of 21
D3. OTHER RECYCLED PAPER ITEMS
The GRA will evaluate the following items:
- Napkins
- Paper towels
- Bath tissue
- Facial tissue
- Seat covers
- Tray liners
- Placemats
- Office paper
- Menu paper
- Paper for marketing and educational materials (business cards, letterhead,
envelopes, brochures, tent cards, post cards)
- Guest checks & receipts
Points will be assigned as follows:
Meet Bleaching Requirement = 0.5
Meet Total Recycled Content Requirement = 0.25
Contains 10-39% Post Consumer Waste = 0.5
Contains 40-69% Post Consumer Waste = 1
Contains 70-89% Post Consumer Waste = 2
Contains 90-100% Post Consumer Waste = 2.75
Points are awarded based on the percentage of items that meet each criteria.
For example, if 100% of restaurant’s napkins are processed chlorine free (0.5
points), 100% recycled (0.25 points), and contain 90% post consumer waste (2.75
points), the restaurant will receive:
0.5 + 0.25 +2.75 = 3.5 points
But, if 50% of restaurant’s napkins are processed chlorine free (0.5 points), 100%
recycled (0.25 points), and 90% post consumer waste (2.75 points) and the rest
are processed chlorine free (0.5 points), 100% recycled (0.25 points), and 30%
post consumer waste (0.5 points), restaurant’s point total would be:
[50% * (0.5+0.25+2.75)] + [50% * (0.5+0.25+0.5)] = 2.375 points
Page 14 of 21
The table below provides information on the bleaching and total recycled content
requirements.
Sanitary Paper
Napkins
Paper towels
Bath tissue
Facial tissue
Seat covers
PCF 100%
Other Paper
Office paper
Menu paper
Paper for marketing & educational materials
PCF 100%
Receipt paper ECF 60%
Guest checks N/A 50%
Tray liner N/A 100%
Pizza boxes
Cup sleeves
Paper bags
Unbleached 100%
Processed Chlorine Free = PCF
Elemental Chlorine Free = ECF
Page 15 of 21
CHEMICAL & POLLUTION
REDUCTION
Air and water pollution are major issues facing our society. In this section, the GRA
provides restaurants with tools to decrease their contribution to climate change, indoor air
pollution, the polluting of our waterways, and soil degradation. In addition, these changes
will also benefit human health.
Points are awarded based on the percentage of items that meet each criterion.
Points are only awarded for the highest standard met.
STEPS POINTS
CPR1. TRANSPORTATION
Building located 1/2 mile from subway, light rail 0.5
Building located 1/4 mile from bus line 0.5
Provide secure bicycle storage with shower facilities 0.5
Provide preferred parking for customers and employees with alternative fuel
vehicles or hybrid vehicles
0.5
Preferred parking for employee carpools 0.5
No idling policy - Signs posted where delivery trucks and take-out customers
would park
0.5
Offer 50% or more subsidy to each employee for public transportation 0.5
Alternative fuel refueling station for 3% of total vehicle parking capacity (such
as an electric charging station)
5
CPR2. SITE SELECTION
Brownfield redevelopment 25
CPR3. STORMWATER MANAGEMENT
Mitigate % of annual stormwater that falls on the site, using bioretention cells,
permeable pavement, rain barrels, etc.
7.75
CPR4. TRANSPORTATION, PETROLEUM REDUCTION
Alt Fuel Vehicles (hybrid, biodiesel, electric) 7
Waste Vegetable Oil fueled vehicles 10.5
Deliveries made by foot or bicycle 13
Electric powered lawn mower 2
Manual mower 2.5
Page 16 of 21
CPR5. CHEMICAL REDUCTION
No HCFC-based refrigerants 3
Unbleached parchment paper 1.25
Unbleached deli sheets 1.25
Unbleached pastry bags 1.25
Low VOC flooring 2.5
Low VOC wallcovering 2.5
Low VOC paints and coatings meet GreenSeal standards GS11 or GS43 2
Zero VOC paints 2.5
Natural paints 3
Adhesives and sealants with VOC emissions < S. Coast Air Quality Mgmt
District Rule 1168
2.5
Adhesives and sealants with NO VOC emissions 3
Carpet and carpet cushion meets CRI Green Label requirements 2.5
Composite panels and agrifiber products contain no added urea-formaldehyde
resins
2.5
Mercury content of linear fluorescent bulbs < 80 picograms per lumen hour 1.25
Mercury content of compact fluorescent bulbs < 80 picograms per lumen hour 1.25
Sustainable Clothing - organic, hemp, recycled materials
Chef coats 3
Staff uniforms 3
Merchandise 3
Sustainable Décor
Local flowers and plants (within 100 miles of the restaurant) 1.5
Organic flowers and plants 2.5
Non-toxic candle alternative (such as LED, beeswax, soy) 2.5
Sustainable napkins (organic, hemp, recycled materials) 3
Sustainable table linens (organic, hemp, recycled materials) 3
Ethanol-based warming gel that contains no methanol 2.5
Soy- or other vegetable-based inks - paper printing 1.25
Soy- or other vegetable-based inks - clothing 1.25
Page 17 of 21
CPR6. PEST MANAGEMENT
Green Shield certified pest control company 8.25
Green Pro or EcoWise certified pest control company 7.75
CPR7. LIGHT POLLUTION
All outdoor lights > 50W must be covered fixtures so light is not directly emitted
into the night sky
0.75
Directional lighting in parking areas 0.75
CPR8. CHEMICALS
Solid block warewashing products (Surface area less than 282 in2; Dilutes to less
than 1 oz / 5 gallons)
3
General cleaning products meet GreenSeal's standards, GS-37 5.25
General cleaning products meet GRA's Standards (see Endorsement Standards) 7.75
Hand soap meets GreenSeal's standards, GS-41 1
Hand soap meets GRA's standard 1.5
Manual dish soap meets EPA's DfE standards 1
Manual dish soap meets GRA's standards 1.5
Page 18 of 21
SUSTAINABLE FOOD
The foodservice industry is in a unique position to influence the food supply chain. As a
result of a restaurant’s purchasing decisions, the industry can mitigate many of the
detrimental effects of factory farming, meat production, pesticide use, fishery depletion,
and transporting food, and move forward in supporting sustainable, organic and local
family farms.
Points are awarded based on the percentage of items that meet each criterion.
For example, Restaurant A spends a total $200,000 on food in one month. Of that
$200,000, they spent $20,000 on produce from a farm less than 300 miles away, $10,000
on organic food items, and $100,000 on vegetarian items. Restaurant A would receive the
following points in this category:
(10% * 20) + (5% * 40) + (50% * 30) = 19
STEP POINTS
SF1. ORGANIC FOOD & BEVERAGE AND SUSTAINABLE SEAFOOD
Food & beverage items that are Certified Organic, seafood listed on Blue Ocean Institute
or Monterey Bay Aquarium’s “Green” lists, or seafood from MSC Certified fisheries
40
SF2. MEAT & DAIRY
Vegetarian Feed or Grass Fed Only – Must be Food Alliance Certified Grassfed, American
Grassfed Tier 1, or USDA Process Verified and US Grassfed
5
No Hormones or Antibiotics – Must be Certified Humane, American Humane Certified,
Animal Welfare Approved, or meet USDA Labeling Requirements
5
Cage Free (Eggs) / Free Range (Cows, Pigs, etc.) – Must be Certified Humane, American
Humane Certified, Animal Welfare Approved, or meet USDA Labeling Requirements
5
NOTE: Each product can only be credited in either SF1 or SF2.SF3. MEAT-
SF3. MEAT-FREE
Vegetarian: No animal flesh, no consumption of animals, no chicken, pork, beef, game,
fish. (Dairy, eggs, honey allowed)
30
Vegan: No animal products (No dairy, eggs, honey or any animal bi-products) 45
30% of main dishes are vegetarian 5
NOTE: Beverages will not be considered in this section.
SF4. LOCAL FOOD
Regional: 300-mile radius around restaurant 20
Local: 100-mile radius around restaurant 40
NOTE: This section pertains only to whole, non-processed foods (i.e. produce, meat).
Page 19 of 21
SUSTAINABLE FURNISHINGS
& BUILDING MATERIALS
The goal of this section is to encourage foodservice facilities, especially those that are new-builds, to make
environmentally responsible purchasing decisions when considering furnishings and building materials.
Points will be assigned based on the highest of the following attributes:
1. Reused or Salvaged = 10 points
2. Post Consumer Recycled Content
0 – 24% = 3 points
25 – 49% = 3.5 points
50 – 74% = 4 points
75 – 100% = 4.5 points
3. Pre Consumer Recycled Content
0 – 24% = 2 points
25 – 49% = 2.5 points
50 – 74% = 3 points
75 – 100% = 3.5 points
4. Rapidly Renewable (regenerates in 10 years or less) and FSC Certified = 3.5 points
5. Rapidly Renewable = 3 points
6. FSC Certified = 2 points
Points are awarded based on the percentage of items that meet each criterion. Points are only awarded for the
highest standard met.
For example, if the restaurant has a total of 100 chairs and 10 are made from salvaged wood, the
restaurant would receive 10% of the 10-point allocation.
If the restaurant’s office carpet contains 10% post consumer waste, and the office makes up 25% of
the total square footage of the restaurant, the restaurant would receive 25% of the 3-point allocation.
If the restaurant’s booths are made from FSC wood and covered in conventional textiles, the
restaurant would receive 50% of the 2-point allocation.
If the restaurant’s countertops are salvaged from the previous tenant and made from rapidly
renewable materials, the restaurant would receive 10 points.
Page 20 of 21
SFBM1. FURNISHINGS
The GRA will evaluate the following items:
- Chairs
- Tables
- Booths
- Wall coverings and panels
- Window treatments
- Carpet
- Countertops
- Cabinetry
- Other (door mats, office furniture)
SFBM2. BUILDING MATERIALS
The GRA will evaluate the following items:
- Flooring
- Ceiling panels
- Bathroom partitions
- Lumber and plywood (does not apply to flooring, cabinetry, etc.
- Insulation
- Roofing
- Drywall
- Steel framing
- Concrete
- Storefront (awning, signage, etc)
- Doors and frames
- Other
GR4.0 Standards Updated 2/10/2011
Page 21 of 21
Table of Contents
INTRODUCTION ....................................................................................... 3
FACTS REGARDING ALCOHOL RELATED CRASHES ..................................... 4
TEN STEPS TO RESPONSIBLE ALCOHOL BEVERAGE SERVICE ...................... 6
UNDERSTANDING THE PHYSIOLOGICAL EFFECTS OF ALCOHOL ................... 7
BLOOD ALCOHOL CONTENT ..................................................................... 8
OTHER FACTS ABOUT BLOOD ALCOHOL CONTENT ..................................... 9
DETECTION OF INTOXICATED PERSONS ................................................... 10
DETECTION OF MINORS.......................................................................... 12
INTERVENTION WITH MINORS ................................................................. 13
INTERVENTION WITH INTOXICATED PATRONS ........................................... 14
ALCOHOL AWARENESS.......................................................................... 16
DRAM SHOP LAWS - LIABILITY ................................................................ 17
ALCOHOL MANAGEMENT PROGRAM TEST ............................................... 18
COMPLETION CERTIFICATE .................................................................... 21
Alcohol Management Program
1 Revised 11/15/2011
Introduction
Congratulations on your employment at Knight Restaurant Group, LLC.! As an
establishment that serves alcoholic beverages, it is our responsibility to provide
you with the necessary training to responsibly sell and serve alcoholic
beverages. The following material is intended to be used as a guide and
educational tool. California recommends servers of alcoholic beverages to
participate in a state certified alcoholic beverage training in addition to the
training they receive from their employer. This course is not intended to meet
state certification. Rather, it is intended to educate our employees on company
policy with regard to alcohol awareness. We take great pride in our quality
beverages and friendly, responsive service. Our high standards can only be
maintained through great people like you who share our values and desire to do
the very best job possible for our guests every day.
Upon completion of this course you will be given a test over the material covered
in this program. Only persons able to correctly answer 70% of the questions will
be allowed to perform jobs that include the service of alcoholic beverages.
Once again, welcome to the Establishment Team!
Alcohol Management Program
2 Revised 11/15/2011
Facts Regarding Alcohol Related Crashes
The term "drunk driving" is an inaccurate characterization of the problems
caused by motorists who are impaired by alcohol. The first criminal laws targeting
this problem prohibited "drunk driving," encouraging the notion that the problem
involved drivers who were visibly drunk. In fact, many alcohol-impaired drivers do
not appear drunk in the traditional way. Research has shown that even small
amounts of alcohol can impair the skills involved in driving, but the persistent
notion that the problem is predominantly one of drunk drivers has allowed many
drinking drivers to decide they are not part of the problem. For these reasons, the
term "alcohol-impaired driving" is a more accurate and precise description of
what is commonly referred to as "drunk driving."
The National Center for Injury Prevention and control has published the
following facts with respect to alcohol related crashes.
Ø Impaired driving will affect one in three Americans during their
lifetimes.
Ø Alcohol-related motor vehicle crashes kill someone every 30 minutes
and non-fatally injure someone every two minutes (NHTSA 2003a).
Ø During 2002, 17,419 people in the U.S. died in alcohol-related motor
vehicle crashes, representing 41% of all traffic-related deaths (NHTSA
2003a).
Ø In 2001, more than 1.4 million drivers were arrested for driving under
the influence of alcohol or narcotics (FBI 2001). That’s slightly more
than 1 percent of the 120 million self-reported episodes of alcohol–
impaired driving among U.S. adults each year (Dellinger 1999).
Ø Drugs other than alcohol (e.g., marijuana and cocaine) have been
identified as factors in 18% of motor vehicle driver deaths. Other drugs
are generally used in combination with alcohol (NHTSA 1993).
Ø Nearly two-thirds of children under 15 who died in alcohol-related
crashes between 1985 and 1996 were riding with the drinking driver.
More than two-thirds of the drinking drivers were old enough to be the
parent of the child who was killed, and fewer than 20% of the children
killed were properly restrained at the time of the crash (Quinlan 2000).
Alcohol Management Program
3 Revised 11/15/2011
Ø Adult drivers ages 35 and older who have been arrested for impaired
driving are 11 to 12 times more likely than those who have never been
arrested to die eventually in crashes involving alcohol (Brewer 1994)
Ø In its publication The Economic Impact of Motor Vehicle Crashes, the
National Highway Traffic Safety Administration reported that alcohol-
related crashes in 2000 were associated with more than $51 billion in
total costs (Blincoe 2002)
Ø Male drivers involved in fatal motor vehicle crashes are almost twice as
likely as female drivers to be intoxicated with a blood alcohol
concentration (BAC) of 0.10% or greater (NHTSA 2003a). A BAC of
0.08% is equal to or greater than the legal limit in most states.
Ø At all levels of blood alcohol concentration, the risk of being involved in
a crash is greater for young people than it is for older people (Mayhew
1986). In 2002, 24% of drivers ages 15 to 20 who died in motor
vehicle crashes had been drinking alcohol (NHTSA 2003b).
Ø Young men ages 18 to 20 (too young to buy alcohol legally) report
driving while impaired almost as frequently as men ages 21 to 34 (Liu
1997).
Ø In 2002, 22% of the 2,197 traffic fatalities among children ages 0 to 14
years involved alcohol (NHTSA 2003c).
Ø Adult drivers ages 35 and older who have been arrested for impaired
driving are 11 to 12 times more likely than those who have never been
arrested to die eventually in crashes involving alcohol (Brewer
1994).
Ø Nearly three quarters of drivers convicted of driving while impaired are
either frequent heavy drinkers (alcohol abusers) or alcoholics (people
who are alcohol dependent) (Miller 1986).
Alcohol Management Program
4 Revised 11/15/2011
Ten Steps to Responsible Alcohol Beverage Service
Knight Restaurant Group, LLC. is committed to the responsible service of
alcoholic beverages. In accordance to this commitment, all employees are
required to follow the procedures listed below:
1. No employee will serve an alcoholic beverage to anyone under the age of
21.
2. All employees will carefully check Identification of anyone who appears to
be under 30-years of age.
a. Acceptable documentation is a valid state driver's license with a
photo or a photo ID issued by the state. The employee will carefully
check the identification to determine its authenticity. The manager
should be informed if there is any appearance of forgery or
tampering.
b. In the absence of authentic identification, or in case of doubt, the
employee will refuse service of alcoholic beverages to the
customer.
3. No employee will serve an alcoholic beverage to anyone who is
intoxicated.
4. No employee will serve alcoholic beverages to anyone to the point of
intoxication.
5. It is the employee's responsibility to notify a manager when a customer
shows signs of intoxication or is requesting alcoholic beverages above the
limits of responsible beverage service.
6. Any intoxicated customer wishing to leave the establishment will be urged
to use alternative transportation provided by the establishment. South Bay
Cab or designated driver
7. All employees are obligated to inform law enforcement authorities when
intervention attempts fail.
8. No employee will drink alcoholic beverages while working.
9. We limit the number of drinks ordered at one time to two per person
10. All employees who serve/sell alcoholic beverages will successfully
complete a state certified Seller/Server training course when beginning
employment.
The sale/service of alcoholic beverages should not be a routine! It is one of
the few legal products you can sell that could put you in jail.
MANAGEMENT FULLY SUPPORTS THESE POLICIES AND WILL STAND
BEHIND OUR EMPLOYEES IN THEIR DECISIONS TO PROMOTE
RESPONSIBLE SERVICE.
Alcohol Management Program
5 Revised 11/15/2011
Understanding the Physiological Effects of Alcohol
Alcohol passes from the mouth down the esophagus and into the stomach and
on into the small intestine. At each point along the way ethyl alcohol can be
absorbed into the blood stream. However, the majority of the alcohol is absorbed
from the stomach (approx. 20%) and the small intestine (approx. 80%). In
general drinking more alcohol within a certain period of time will result in
increased blood alcohol concentrations (BAC) due to more alcohol being
available to be absorbed into the blood.
The presence of food delays absorption of alcohol. Physiological factors such as
strenuous physical exercise also decrease alcohol absorption. Additional factors
such as drugs (e.g. nicotine, marijuana, and ginseng), that modify physiological
factors regulating gastric emptying also modify alcohol absorption. Diluting
alcoholic beverages with water may decrease the absorption rate, but mixing with
carbonated beverages increases the absorption rate. A healthy body eliminates
90% of alcohol through the liver at a rate of approximately ½ oz. of pure alcohol
(1 drink) per hour.
Alcohol’s direct action on the brain is as a depressant. It generally decreases the
activity of the nervous system. Alcohol’s action on the brain produces a number
of behavioral effects. These effects are dependent upon the amount of alcohol
taken in, the time period over which the alcohol is drunk, and other factors such
as whether other drugs are being taken at the same time, the previous drinking
history of the individual, the physical state of the person doing the drinking, and
the genetic background of the individual (i.e. ethnicity, gender). Higher blood
alcohol levels may impair balance, memory and muscular coordination.
Increased amounts of alcohol consumption within a short time span may cause
severely affected judgment, blunted sensory perception and loss of control.
Alcohol Management Program
6 Revised 11/15/2011
Blood Alcohol Content
Blood alcohol concentration (BAC) describes the amount of alcohol in a person's
blood expressed as weight of alcohol per unit of volume of blood. For example, at
0.10 percent BAC, there is 100 mg of alcohol per 100 ml of blood. As of this
revision date driving with a BAC of 0.10 percent is a crime in 5 states. It is a
crime to drive with a BAC of 0.08 percent in 45 states and the District of
Columbia. A BAC of 0.08 is evidence of an alcohol violation in Massachusetts. In
response to a potential loss of federal highway funding, all states likely will have
a BAC defining impaired driving at 0.08 percent within the next few years. The
BAC in this state is 0.08%.
Most beers contain 4-5% alcohol; wines 12% on average, and distilled beverages
average from 40% (80 proof) to 50% (100 proof) alcohol. The following chart
provides an estimate of the BAC for an individual based on the weight of the
person and the number of drinks they have consumed. This chart assumes that
one drink is 1oz. of 80 proof liquor at 40%, 12oz. of beer at 4.5%, or 4oz. of wine
at 12%. Drinks with higher percentage of alcohol or more alcohol will yield an
even higher BAC.
Approximate Blood Alcohol Percentage
In One Hour
# of
Drinks Body Weight in Pounds Influenced
100 120 140 160 180 200 220 240
1 0.04 0.03 0.03 0.02 0.02 0.02 0.02 0.02
Possibly 2 0.06 0.06 0.05 0.05 0.04 0.04 0.03 0.03
3 0.11 0.09 0.08 0.07 0.06 0.06 0.05 0.05
Impaired 4 0.15 0.12 0.11 0.09 0.08 0.08 0.07 0.06
5 0.19 0.16 0.13 0.12 0.11 0.09 0.09 0.08
Legally Intoxicated
6 0.23 0.19 0.16 0.14 0.13 0.11 0.10 0.09
7 0.26 0.22 0.19 0.16 0.15 0.13 0.12 0.11
8 0.30 0.25 0.21 0.19 0.17 0.15 0.14 0.13
9 0.34 0.28 0.24 0.21 0.19 0.17 0.15 0.14
10 0.38 0.31 0.27 0.23 0.21 0.19 0.17 0.16
Subtract .015% for each hour of drinking.
KNOW YOUR LEGAL LIMIT In most states that means .08% of Blood Alcohol Content
or any amount which results in loss of normal use of mental or physical faculties. This is
only a guide and NOT sufficiently accurate to be considered legal evidence. The figures
you calculate are averages. Individuals may vary somewhat in their personal alcohol
tolerance. Food in the stomach affects the rate of absorption. Medications, health, and
psychological condition are also influential factors. In any case, if you've been drinking at
all, be careful!
SUREST POLICY IS . . . DON'T DRIVE AFTER DRINKING
Alcohol Management Program
7 Revised 11/15/2011
Other Facts About Blood Alcohol Content
What BAC is considered illegal? Driving with a BAC of 0.10 percent is a crime
in 5 states. It is a crime to drive with a BAC of 0.08 percent in 45 states and the
District of Columbia. A BAC of 0.08 is evidence of an alcohol violation in
Massachusetts. In response to a potential loss of federal highway funding, all
states likely will have a BAC defining impaired driving at 0.08 percent within the
next few years.
What is the effect of alcohol on driving skills and crash risk? At BAC as low
as 0.02 percent; alcohol affects driving ability and crash likelihood. The
probability of a crash begins to increase significantly at 0.05 percent BAC and
climbs rapidly after about 0.08 percent. For drivers age 35 and older with BAC at
or above 0.15 percent on weekend nights, the likelihood of being killed in a
single-vehicle crash is more than 380 times higher than it is for non-drinking
drivers.1
How many drinks does it take to reach significantly impairing BAC? The
effects of alcoholic drinks vary greatly because the rate of absorption and BAC
attained vary from person to person due to such factors as weight, amount of fat
tissue, and stomach contents. Nevertheless, various organizations have
developed charts intended to help people estimate their BAC based on the
number of drinks consumed. These tables can be used to estimate BAC, but they
are subject to error.
Are beer and wine less impairing than hard liquor? Impairment is not
determined by type of drink but rather by the amount of alcohol ingested over a
specific period of time. There is a similar amount of alcohol in such standard
drinks as a 12-ounce glass of beer, a 4-ounce glass of wine, and 1.25 ounces of
80-proof liquor. Beer is the most common drink consumed by people stopped for
alcohol-impaired driving or involved in alcohol-related crashes.
Alcohol Management Program
8 Revised 11/15/2011
Detection of Intoxicated Persons
The responsible service of alcohol requires that servers be able to recognize
intoxicated patrons. Use these detection guidelines to help you recognize
intoxication.
1. Common Indicators
• Bloodshot/unfocused eyes
• Slurred speech
• Smell of alcohol on breath
• Mental confusion
• Impaired motor skills
• Dishevelment
• Impaired balance
• Signs of nausea or loss of bladder / bowel control
2. Warning Signs of Illegal Intoxication
• Development of one or more common indicator
• Heated altercations
• Rapid or pronounced changes in mood, behavior or emotional state.
3. Mistaking Illness for Intoxication
• Similar symptoms
• Need for prompt, correct action
• Medic - alert jewelry, a warning sign
• Visual representation of medic - alert jewelry
4. Atypical Drinkers
• Experience and tolerance may mask intoxication
• Special efforts required to detect intoxication in some very experienced
drinkers
Alcohol Management Program
9 Revised 11/15/2011
5. Monitoring Customers
• Count drinks and use BAC Chart
• Interview and rate customers prior to sale. Be alert to and probe for
hidden indicators and warning signs.
• Note customer's initial mood and conduct and watch for changes in
mood or behavior
• Observe customer interactions
• Re-interview and re-rate customers prior to each additional sale.
Alcohol Management Program
10 Revised 11/15/2011
Detection of Minors
The service of alcoholic beverages to minors is a crime. You, as well as the
restaurant, can be charged with a crime for doing so. The following points can
be used in recognition of minors. The primary deterrent we have against
serving minors is to ask for identification. The policy for our restaurant is to
request identification form anyone appearing to be 30-years or younger.
1. Physical Characteristics Common to Minors
• Signs of underage status
• Lack of physical maturity
• Most minors mature in physical appearance before age 21
2. Fads and Fashions in Clothing, Accessories, and Grooming Popular
with Minors
3. Behavior Patterns Characteristics of Minors.
4. Suspicious behaviors typical of minors attempting an illegal
purchase.
• Pooling money and giving it to the oldest appearing member of the
group
• Minor waiting in the background away from the point of purchase while
adult obtains more than one serving
• Adult making repeated purchase for a young appearing person
5. Detecting Invalid ID:
6. Fake ID Warning Signs
• Deceptively similar
• Counterfeit
• Altered
• Borrowed / stolen
Alcohol Management Program
11 Revised 11/15/2011
Intervention with Minors
Professional and respectful intervention is required once you recognize that a
minor has received or tried to receive alcoholic beverages.
1. Proper Demeanor of seller. Remain professional, courteous, and calm.
2. Examination of an identification card. Request to see their I.D. always
including the word ‘please’.
3. Removal of Alcoholic Beverages from Minor's Reach or Possession.
Once it has been determined that the guest is a minor, you must remove
the drink from their possession.
4. Sample Words and Phrases.
• “May I see your I.D. please?”
• “I’m sorry; it is against the law to serve minors. We’ll have to take your
drink.”
• “I’ll have to take your drink until a manager can verify you are of legal
age.”
5. Contacting Law Enforcement Authority when Intervention Fails. The
server should always call a manager before contacting law enforcement.
The manager can then inform the minor patron that unless the patron
complies, there will be no other choice than to call law enforcement.
Alcohol Management Program
12 Revised 11/15/2011
Intervention with Intoxicated Patrons
Professional and respectful intervention is required once you recognize that a
patron is intoxicated.
1. Proper Demeanor of seller. Remain professional, courteous, and calm.
2. Designated Driver Programs. Intoxicated patrons should be urged not to
drive. In the absence of a designated driver you should inform them of
your restaurant’s alternative transportation program. Designated drivers
are offered the employee discount of 30% off any meal items. Free non-
alcoholic drinks are provided as well. In the absence of a designated
driver we will call South Bay Taxi to pick the customer up.
3. Early Intervention Techniques
• Use various methods to slow service of beverages.
• Try to serve food and alternative beverages.
• Warning concerning caffeine products. Caffeine has no effects against
the alcohol; both compounds will remain in the person. The alcohol is
a depressant and will make the person tired, caffeine will only make
them awake but they would remain intoxicated. Time is the only real
effect to neutralize alcohol.
4. Cut - Off Intervention
• Remove alcoholic beverages.
• Arrange an immediate safe ride.
• Contact police if necessary
5. Sample Words and Phrases
• “Management has prohibited me from serving any more drinks to you.”
• “You have reached the maximum # of drinks I am allowed to serve
you. Would you like me to call a manager for approval to serve more?”
Alcohol Management Program
13 Revised 11/15/2011
• Managers can use a discreet method to cut off a patron by calling them
away from the table or bar as not to embarrass the patron. One
method is to tell the patron they have a phone call. Once they are
away from other guests you can politely inform them that they will not
be served any more alcohol.
6. Obligation of seller to inform law enforcement authorities when
intervention attempts fail. The server should always call a manager
before contacting law enforcement. The manager can then inform the
minor patron that unless the patron complies, there will be no other choice
than to call law enforcement.
7. Sanctions for employee violations. Illegal service of alcoholic
beverages is a crime. You, as well as the restaurant, can be charged with
a crime for doing so. Additionally, DRAM shop laws are such the both the
employer and employee may be held liable for serving intoxicated patrons
that are later involved in accidents related to alcohol impairment.
Alcohol Management Program
14 Revised 11/15/2011
Alcohol Awareness
Alcohol Awareness is a growing concern within the Hospitality
Industry nationwide. By recognizing the "early" signs of
intoxication, monitoring your customer's consumption, and
treating them as you would a guest in your own home; you fulfill
your responsibility and protect the guest.
To serve or not to serve?
By understanding and fulfilling your responsibilities...
Your Role:
4 Observe
4 Monitor
4 Report
Assisted by the guidance and support of management...
Your Manager's Role:
4 Confirm
4 Confront
4 Resolve
Alcohol Management Program
15 Revised 11/15/2011
Dram Shop Laws - Liability
Many states have enacted “dram shop” acts that create a civil cause of action
(i.e. the basis for a lawsuit) against a business (and in some cases the
employee) if the sale of alcohol to an intoxicated person results in injury to a third
party. These laws also create liability for businesses that serve any alcohol to a
minor who injures another person as a result. Not only do you need to
understand the dram shop laws in your state, but also you need to make sure
that anyone in your operation who serves alcohol understands and has training in
them.
If a patron shows up drunk, not only should you refuse alcohol service, but also
you should document the incident on a form created for this purpose. It need not
be any format in particular, but it might include the following: the time of arrival
and leaving, a description (including name, if possible) of the patron, descriptions
of other people in his party, his actions or behavior that indicated inebriation, and
the name and signature of the person filling out the form.
Case Study 1: Shattered Lives and Bad Press
Five years after a drunken driver crashed into a carload of teens leaving an
alcohol-free school dance, a bar and its principals were ordered to pay the
victims almost $1 million. That was the decision entered by a Texas district court
judge in 2002 when a jury handed down a $964,000 judgment, against a saloon
and its two owners.
Four students were injured in the 1997 crash on their way home from a
Valentine's Day dance sponsored by Students-Against-Drunk-Driving. During the
civil trial, the driver testified that he drank 21 beers and two liquor shots at the
establishment. The driver’s blood-alcohol level was three times the legal limit
when tested several hours after the crash, which happened less than 1,000 feet
from the bar's parking lot.
Case Study 2: San Antonio Bartender Arrested In DWI Probe.
Tuesday March 26. 2002. San Antonio TV News 12. In a first-ever arrest in San
Antonio, a bartender was recently charged for serving a drunken driver who was
later involved in a deadly DWI crash. …."When they find out not only is the drunk
driver responsible, but the person who served the alcohol is also responsible."
Alcohol Management Program
16 Revised 11/15/2011
Alcohol Management Program Test
Employee Test
__________________ ___________________ __________________
Employee Date Position
Instructions: Complete each sentence by filling in the blanks. Refer to the
contents of this guide for your answers.
1) Alcohol-related motor vehicle crashes kill someone every _______ minutes
and non-fatally injure someone every two minutes.
2) No employee will serve an alcoholic beverage to anyone under the age of
______.
3) All employees will carefully check Identification of anyone who appears to be
under ______ years of age.
4) It is the employee's responsibility to notify a manager when a customer shows
signs of _____________________ or is requesting alcoholic beverages
above the limits of responsible beverage service.
5) Acceptable documentation for identification is a
___________________________________________________ or a
______________________________________
______________________________________.
6) The majority of the alcohol is absorbed from the ___________ (approx. 20%)
and the __________________________________ (approx. 80%).
7) The presence of food delays ____________________ of alcohol.
Alcohol Management Program
17 Revised 11/15/2011
8) Most beers contain ______% alcohol; wines ______% on average, and
distilled beverages average from ______% (80 proof) to ______% (100 proof)
alcohol.
9) .It is a crime to drive with a BAC of _______ percent.
10) There is a ____________ amount of alcohol in such standard drinks as a 12-
ounce glass of beer, a 4-ounce glass of wine, and 1.25 ounces of 80-proof
liquor.
11) Name at least three common indicators of intoxication.
i>_______________________________________________
ii>______________________________________________
iii>______________________________________________
12) Name one method of detecting a minor.
_____________________________________________________________
______________________________________________________________
______________________________________________________________
13) Coffee helps an intoxicated person sober up. (True of False)
_______________
14) Your role for Alcohol Awareness involves:
i>_______________________________________________
ii>______________________________________________
iii>______________________________________________
Alcohol Management Program
18 Revised 11/15/2011
15) The manager’s role for Alcohol Awareness involves:
i>_______________________________________________
ii>______________________________________________
iii>______________________________________________
16) Employees serving alcoholic beverages to an intoxicated patron can be
charged with a crime. (True or False)
17) Establishments that serve an intoxicated person cannot be held liable if that
person is involved in a crash. (True or False)
Alcohol Management Program
19 Revised 11/15/2011
Completion Certificate
Alcohol Management Program
This certifies that ___________________________________________ has
attended and completed the Alcohol Management Program for Knight
Restaurant Group, LLC.. Completion of this program and signature of the
above named individual indicates that he/she understands, supports, and
will comply with all company policies as well as all state and local laws
governing the sale and service of alcoholic beverages.
____________________________ __________________
Employee Signature Date
____________________________ __________________
General Manager’s Signature Date
1332 Hermosa Avenue, #1, Hermosa Beach, CA 90254
Knight Restaurant Group, LLC. | 1332 Hermosa Avenue, #1, Hermosa Beach, CA 90254
1
City of Hermosa Beach
Attn: Ken Robertson
1315 Valley Drive
Hermosa Beach, CA 90254
December 5, 2011
Re: Removal of City Protest of ABC License Transfer from (Shark’s Cove-1220 Hermosa
Avenue) to (Establishment-1332 Hermosa Avenue, #1)
Dear Ken:
I. Allowing the Transfer of the New ABC License without Protest
As we discussed in our meeting we are asking the City to allow us to transfer the ABC license
without protest from Shark’s Cove to Establishment. Even though at the moment, we are
requesting no changes to the CUP regarding hours of operation. Hopefully, after creating an
excellent track record for the City we can revisit this restriction from September 2008 in the
future.
Any issues on the City side are fully addressed and controlled by the CUP. The more
restrictive of the ABC license or the CUP is what is followed. There is already a protest on the
license transfer from a well-known local activist. Our only hope of not losing our entire
investment and livelihood is to have the City not protest the license and allow us to get a 180-
day temporary operating permit. This will allow us time to wait, while the administrative hearing
is scheduled probably in 6-months from now to address the current protest.
What we have asked the ABC for is a 12-midnight closing Sunday-Wednesday and 1am
Thursday-Saturday and 10 specific Holidays (New Year’s Eve, President’s Day, St. Patrick’s
Day, Cinco De Mayo, Memorial Weekend, 4th of July weekend, Labor Day weekend,
Halloween, Thanksgiving Eve, and Christmas Eve). This will allow us to mirror the approved
Dragon/Waterman’s request of February 2009 after just eight months of restricted operations.
This also allows control to be kept within the City for modification of the CUP in the future. Our
ultimate goal after opening a brand new redesigned concept; is that not only will we be proud,
but the City will be proud of the concept. If that goal can be met with a proven track record, we
hope to address some of the financial restrictions that were imposed on the property in
September 2008. Thank you again for your help and consideration on this matter.
Sincerely,
David Lowe & Shane McColgan
Managing Members
INFORMATION CONCERNING INTERIM RETAIL PERMIT
The following is the text of Section 24044.5 of the Alcoholic Beverage Control Act, effective January 1, 1993, governing the qualifications for issuance
of Interim Retail Permits; the fees; conditions under which holders of such permits may purchase types of alcoholic beverages; requirements which
must be met by holders of such permits before the license applied for can be issued and the Department’s powers and authority with respect to such
permits. Note carefully that all other regulatory provisions of the Alcoholic Beverage Control Act must also be complied with by holders of Interim
Retail Permits.
24044.5 (a) The department, in its discretion, may issue an Interim Retail Permit to an applicant for any retail license to operate the premises
during the period an application for a license at the premises is pending and when all of the following conditions exist:
(1) The application has been protested pursuant to Article 3 (commencing with Section 24011).
(2) The department has made a determination based upon its investigation that the license should be issued.
(3) The applicant for the Interim Retail Permit has filed with the department an application for issuance of a license at the
premises to himself or herself.
(4) The application for the Interim Retail Permit is accompanied by a fee of one hundred dollars ($100).
(b) An Interim Retail Permit issued by the department pursuant this section shall be for a period not to exceed 120 days. An
Interim Retail Permit may be extended at the discretion of the department for additional 120-day periods as necessary upon
payment of an additional fee of one hundred dollars ($100) and upon compliance with all conditions required by this section.
Any Interim Retail Permit issued by the department shall be automatically canceled when a final determination made by the
department regarding the protests becomes effective or when the application for the retail license is withdrawn, whichever
occurs first. An Interim Retail Permit is a conditional permit and authorizes the holder thereof to sell alcoholic beverages as
would be permitted to be sold under the privileges of the license for which the application has been filed with the department.
Any conditions for which the applicant has petitioned pursuant to Article 1.5 (commencing with Section 23800) shall apply to
any Interim Retail Permit issued by the department.
(c) Purchase of beer and wine by the holder of an Interim Retail Permit shall be made only upon payment before or at the time of
delivery in currency or by check. Purchase of distilled spirits by the holder of an Interim Retail Permit shall be made only
upon payment before or at the time of delivery in currency or by certified check. However, the holder of an Interim Retail
Permit, who also holds one or more retail licenses and is operating under the retail license or licenses in addition to the Interim
Retail Permit, and who is not delinquent under the provisions of Section 25509 as to any retail license under which he or she
operates, may purchase alcoholic beverages on credit under the Interim Retail Permit.
(d) All checks received by a seller for beer or wine purchased by the holder of an Interim Retail Permit shall be deposited not later
than the second business day following the date the beer or wine is delivered.
A check dishonored on presentation shall not be deemed payment. The receipt by the seller or his or her agent in good faith
from a holder of a temporary permit of a check dishonored on presentation shall not be cause for disciplinary action against the
seller.
(e) Issuance of the license for which the holder of an Interim Retail Permit has filed an application shall not be approved by the
department until the holder of the Interim Retail Permit has filed with the department a statement executed under penalty of
perjury that all current obligations have been discharged, and that all outstanding checks issued by him or her in payment for
alcoholic beverages will be honored on presentation.
(f) It shall not be a violation of this section or grounds for disciplinary action for any licensee to extend credit to the holder of an
Interim Retail Permit or to receive payment from the permittee in a manner other than authorized herein unless the seller has
knowledge of the fact that the purchaser was operating under an Interim Retail Permit. Knowledge of the fact may be
established by evidence, including, but not limited to, evidence that, at the time of receipt of payment or the extension of
credit, the premises operated under an Interim Retail Permit were posted with the notice required by Section 23985, or the
holder of the Interim Retail Permit has recorded notice as required by Section 24073, or the holder of the Interim Retail Permit
has published notice as required by Section 23986, or the holder of the Interim Retail Permit has recorded and published notice
pursuant to Division 6 (commencing with Section 6101) of the Commercial Code.
(g) Refusal by the department to issue or extend an Interim Retail Permit shall not entitle the applicant to petition for the permit
pursuant to Section 24011, or to a hearing pursuant to Section 24012. Articles 2 (commencing with Section 23985) and 3
(commencing with Section 24011) shall not apply to Interim Retail Permits.
(h) Notwithstanding any other provision of law, the department may, in its discretion, cancel or suspend summarily at any time an
Interim Retail Permit if the department determines that good cause for the cancellation or suspension exists. Chapter 8
(commencing with Section 24300) shall not apply to Interim Retail Permits.
(i) Application for an Interim Retail Permit shall be on any form the department shall prescribe. If an application for an Interim
Retail Permit is withdrawn before issuance or is refused by the department, the fee which accompanied the application shall be
refunded in full, and Section 23959 and 23960 shall not apply. Fees received by the department for issuance of Interim Retail
Permits shall be deposited in the Alcoholic Beverage Control Fund as provided in Section 25761.
Note that if you obtain an Interim Retail Permit, you must sign a statement under penalty of perjury that all current obligations will be discharged and
all outstanding checks issued in payment for alcoholic beverages will be honored on presentation.
After an Interim Retail Permit has been issued, no refund of the permit fee will be made. Once the license is issued, the Department will not refund any
part of the permit fee for any reason. Issuance of the permit is synonymous with delivery of the document to the applicant, and occurs at the time of
delivery and not on the effective date of the permit.
STATE OF CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
DECLARATION AND REQUEST
FOR INTERIM RETAIL PERMIT
(As required by Section 24044.5 of the
Alcoholic Beverage Control Act)
Name and Address: Type of License:
The above named, having made application for a permanent retail license at the above-designated premises, requests the issuance of an
interim retail permit for the following reasons:
The above-named further declares that all obligations in connection with the purchase of alcoholic beverages under interim retail
permits(s) at the above-designated premises will be discharged, and that all checks issued in payment for alcoholic beverages purchased
while holding the interim retail permit(s) will be honored on presentation.
The above-named acknowledges that even though an interim retail permit may be granted, a permanent license may not be issued in the
future.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at .
This , day of , 20 .
For Departmental Use Only
Date application report approved by Division . District (is/is not) authorized to issue an interim
retail permit.
Approval/Denial Director of Alcoholic Beverage Control
by
ABC-275 (2/05)