Thank you to all
who attended to community meeting last night. We had a significant
turnout - I would estimate 60 people -
last night and it was a lively though respectful dialogue between all
parties in attendance including the two from Planning for the City of
San Jose, two representatives of 7-Eleven, and our District 6 City
Councilmember. Neither the store owners
themselves (7-Eleven franchisees) nor SJPD were present. A 7-Eleven
representative said she did not think to invite the owners. Lack of
advance notice was noted by SJPD.
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:
Aparna Ankola
Planning, Building, & Code Enforcement
Planner II
aparna.ankola@sanjoseca.gov
Sgt. Todd Trayer #3301
San Jose Police Department
Office of the Chief
Special Investigations Unit- Vice
408-277-4322
todd.trayer@sanjoseca.gov
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