Liquor stores taking heat in California cities
Pub Date: 5/1/2006
In San Francisco, the Board of Supervisors is considering an ordinance that would make illegal activity outside of retail stores the responsibility of store owners, while in Sacramento city authorities are testing the limits of the concept of eminent domain to force closure on two off-premise retail stores.
San Francisco city-county supervisor Sophie Maxwell has introduced an ordinance that would require liquor store owners to contact the police if they see what may be illegal activities on sidewalks or property within 20 feet of their stores.
An alternative ordinance, sponsored by supervisor Fiona Ma that would have held store owners accountable "for activities they can safely address," was rejected. She argued that confronting crime was the responsibility of law enforcement rather than store owners.
"I continue to believe it is unreasonable to ask them to put themselves in harm's way. Addressing crime in our city is the responsibility of the police department and other law enforcement, not business owners.
Maxwell said her ordinance already provides that retailers, if they believe their safety is in question, wouldn't be required to call police.
The Sacramento City Council, meanwhile, is apparently planning to use the legal principle of eminent domain to shutter two liquor stores in the Oak Park neighborhood, claiming the stores are attracting criminal activity including drug dealing and prostitution.
The city had negotiated to buy the stores but when that avenue failed took the decision to invoke eminent domain. The cost to buy or relocate both businesses has been reported to be as much as $2.6 million.
Eminent domain is "the lawful power of the state to expropriate private property without the owner's consent, either for its own use or on behalf of a third party.
"Governments most commonly use the power of eminent domain when the acquisition of real property is necessary for the completion of a public project such as a road, and the owner of the required property is unwilling to negotiate a price for its sale. In many jurisdictions the power of eminent domain is tempered with a right that just compensation be made for the appropriation."