Court ruling prompts council to repeal ban on alcohol sales past midnight

La Cañada businesses selling alcohol for consumption off site may now do so until 2 a.m., after an earlier City Council ruling cutting off sales at midnight was repealed Tuesday for being deemed inappropriate in a recent judicial ruling.

In December 2013, the council approved an ordinance barring facilities with off-sale liquor licenses from selling alcohol between 12 and 6 a.m. At the time, council members said they were responding to residents’ complaints that such businesses attract noisy crowds who linger and drive recklessly.

The decision affected the operation of only one currently existing business — the 7-Eleven convenience store at 1535 Foothill Blvd., which stays open 24 hours a day.

Two months after the ordinance was passed, 7-Eleven, Inc. filed a lawsuit against the city challenging the hours limitations. The lawsuit claimed the state’s Department of Alcoholic Beverages laws, which stipulate licensed alcohol sales may take place until 2 a.m., preempted the city’s regulation.

The city countered that claim, arguing case law authorizes the regulation of alcohol sales to address nuisance issues. The later hours, city officials maintained, constituted a public nuisance for their possible connection to increased alcohol-related crimes and DUI incidents.

But a court ruling delivered this March stated there were insufficient nuisance conditions to authorize such a move, City Manager Mark Alexander told the council on Tuesday.

“[The court] said under specific limited circumstances the city may enact an ordinance, but you have to demonstrate certain things, which we weren’t able to demonstrate in our situation,” Alexander said.

Since the restriction was found to be a direct regulation of alcohol sales, it was determined to be in conflict with state laws.

After a brief recounting of events, council members supported repealing the 2013 ordinance in a 4-0 vote (Mayor Dave Spence was absent), but expressed their disappointment with the court’s findings.

“I understand the court situation, but quite frankly, I think the court got it wrong,” Councilman Mike Davitt said, adding that municipalities should be able to make rules for the good and safety of their constituents. “My fear is that this is a greater attack on our ability to govern our own city.”

Councilwoman Terry Walker said she supported the earlier council decision and was disappointed in the court’s determination. Mayor Pro Tem Jon Curtis agreed.

“This is a local matter we should have been able to govern, especially if it’s after midnight,” Curtis said. “My parents used to say nothing good happens after midnight.”