Bill to Curb Cities’ Liquor Controls Gains

Legislation curbing the power of local governments to ban the simultaneous sale of gasoline and alcoholic beverages at gas stations won its first legislative test Tuesday in a key Assembly committee.

Billed as a compromise by its supporters, the measure would prohibit cities and counties from enacting blanket bans that forbid the sale of both alcohol and gasoline. The bill would wipe off the books at least 30 local bans enacted by cities since Aug. 1, 1985.

At the same time, the legislation would allow all local governments to retain their power under zoning laws to restrict such simultaneous sales on a case-by-case basis.

The bill, which has the backing of the politically powerful gas station and convenience store industries, was approved by the Assembly Governmental Organization Committee 11 to 1.

Together, gas station and convenience store businesses contributed more than $700,000 to legislators’ election campaigns during the 1985-86 session.

In recent weeks, the bill has also gained the formal endorsement of the California League of Cities, whose lobbyists helped draft the measure, and from officials in the cities of Gardena, Mill Valley and Vallejo, which have used their zoning power to regulate the sale of alcoholic beverages and gasoline. They say the bill would shield their cities from legal challenges from the industry by spelling out the permit process in the law.

“The bill is a compromise measure . . . ,” said Assemblyman Gary Condit (D-Ceres), author of the measure and chairman of the committee. “(It) doesn’t take away or jeopardize local control.”

However, cities such as Glendale, whose bans on concurrent sales would be eliminated by the bill, have registered strong opposition to the measure as an infringement of their local control.

In addition, representatives of the Los Angeles County Board of Supervisors and the California PTA told the committee that the legislation would erode the principle of home rule by removing one option that local governments have for restricting joint sales.

Cities have sought to ban or restrict the sale of alcoholic beverages and gasoline at the same time on the grounds that it contributes to the problem of drunk driving.

But industry leaders, including Arco, which operates AM-PM Mini-Marts, and the Southland Corp., which operates 7-Eleven stores, argue there is no proof that simultaneous sales cause drinking and driving. Bars, restaurants and home parties put far more drunk drivers on the road, they say.

By eliminating the power of local governments to ban simultaneous sales, the legislation would require cities and counties to review on an individual basis all applications from businesses seeking to sell both alcoholic beverages and gasoline.

The process would allow a city or county to deny an application to a store for the simultaneous sale of alcohol and gasoline only after holding a hearing and gathering evidence to show why such a store would not be in the public interest.