Tuesday, December 04, 2012
7-Eleven Community Meeting Recap
As Councilmember Oliverio noted at the beginning of the meeting, the main issue before Planning is whether or not this business can be open between the hours of midnight and 6am. By right, the owners may keep their business open from 6am to midnight. Among those in attendance from the community, there was solid opposition to the request for hours of operation. Beyond the yes or no vote on the hours, it should be noted that Planning can make other stipulations on their approval for such concerns as security (a big topic last night) and litter abatement. These are the windows of opportunity we have for legally ensuring that the 7-Eleven will be as good a neighbor as possible.
The store does retain the state "Title 21" liquor license previously held by Fairmart. This allows them to sell beer, wine, and liquor whereas "Title 20" restricts to beer and wine. By state law it is not legal to sell alcohol of any type from 2am to 6am. The 7-Eleven representative made it clear that this store intends to sell liquor during store hours to the extent legally allowed. The city does not have the authority to regulate alcohol sales beyond state regulations. However there is some influence SJPD has in the matter.
As a matter of process, this was the only community meeting. Planning will continue to collect input before the matter is brought up to the Planning Commission. The Conditional Use Permit is expected to be brought before the Planning Commission in late January or early February. At that point there will be the opportunity for further input as to whether or not the hours should be allowed and if so, under what conditions.
Contact information for officials seeking feedback is as follows:
Planning, Building, & Code Enforcement
Sgt. Todd Trayer #3301
San Jose Police Department
Office of the Chief
Special Investigations Unit- Vice