CC 2014-09-23 Supplemental InformationMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: ij1/: KELLY HEFFERNON, ASSOCIATE PLANNER
SUBJECT: SUPPLEMENTAL INFORMATION-AGENDA ITEM 9.a.
DATE: SEPTEMBER 22, 2014
Attached is correspondence received today from Peter Jankay, representing the San
Luis Obispo County Farmers' Market Association.
c: City Manager
City Clerk
City Attorney
Public Review Binder
From: Peter Jankay
Sent: Sunday, September 21, 2014 10:13 PM
To: Steve Adams; Teresa McClish; Kelly Heffernan
Subject: Fw: Arroyo Grande City Council Meeting September 22, 2014
Good morning Steve, Teresa, and Kelly
FYI: The following was emailed to the City Council.
This email is in reference to the Arroyo Grande City Council meeting September 23,
2014 agenda item 9a (Consideration of an Ordinance Amending Municipal Code
Section 9.04.0-the amendment to permit wine sales and tasting at farmers' markets)
and in reference to recommendations by Arroyo Grande Planning Commission
Resolution No.14-2213.
The San Luis Obispo County Farmers' Market Association (FMA) supports all of the
Planning Commission recommendations except for the recommendation ... "with an
added condition that there shall not be any charge for tasting. "
I was present at the August 19, 2014 Planning Commission meeting when a concern
was raised that if wineries charged for wine tasting, that the wineries would dispense
more than the 3 ounce per person limit and thereby would knowingly ignore and
violate AB 2488. The Planning Commission stated that not allowing wineries to
charge for wine tasting would deter wineries from exceeding the AB 2488 specified 3
ounce per person limit.
Community Development Director Teresa McClish and Associate Planner Kelly Heffernan sent
a Memorandum, dated September 23, 2014, to the City Council. In the Disadvantages section
they stated, "It may prove difficult to monitor the tastings in accordance with the conditions set
forth in Assembly Bill 2488."
The FMA does not agree with the Planning Commission's conclusion nor does the FMA agree
with the Disadvantages section contained in the Memorandum referred to above. A counter
argument to the Planning Commission's conclusion is if the wineries charged for wine tasting
market patrons would be less likely to open their wallets for an additional 3 ounces. In this
scenario, charging for tasting would deter wineries from exceeding the AB 2488 specified 3
ounce per person limit.
Most importantly, however, is the fact that these wineries are reputable businesses
who would not risk their good standing by knowingly violating a state law such as AB
2488.
Furthermore, the FMA is responsible for and has developed an effective plan for enforcing AB
2488 at its certified farmers' markets.
1. All participating wineries will be required to sign an FMA letter of
understanding detailing conditions of participation.
2. The FMA manager will place a sign "tasting is limited to 3 ounces per person"
conspicuously on the winery table.
3. The FMA manager will periodically monitor winery activity during the farmers' market.
4. Should a winery violate any of the conditions the FMA would report the violation to the
ABC, and would disallow the offending winery's participation at any of the FMA's five
certified farmers' markets.
The FMA feels it should be left up to the winery as to whether it does or does not
charge for wine tasting.
A copy of AB 2488 is attached. Please contact me if you have questions and/or
require additional information.
Sincerely,
Peter Jankay
Administrator
San Luis Obispo County Farmers' Market Association
501 (c)(6) Nonprofit Public Benefit Corporation
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LECISLATIVE INFORMATION
AB-2488 Alcoholic beverages: certified farmers' market sales permit. (2013-2014)
Assembly Bill No. 2488
CHAPTER98
An act to amend Section 23399-4 of the Business and Professions Code, relating to alcoholic
beverages, and declaring the urgency thereof, to take effect immediately.
[ Approved by Governor July 08, 2014. Filed with Secretary of State July 08, 2014.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2488, Levine. Alcoholic beverages: certified farmers' market sales permit-
The Alcoholic Beverage Control Act permits the Department of Alcoholic Beverage Control to issue special
temporary licenses and permits to various entities for limited purposes. The act permits the department to
issue a certified farmers' market sales permit that authorizes a licensee under a winegrower's license, a
member of the licensee's family, or an employee of the licensee to sell wine produced and bottled by the
winegrower at certified farmers' market locations, under specified conditions. The act provides that a violation
of its provisions is a misdemeanor, unless otherwise specified.
This bill would specify that, pursuant to the certified· farmers' market sales permit, the licensee may only sell
wine that is produced entirely from grapes or other agricultural products grown by the winegrower and that is
bottled by the winegrower. This bill would require the certified farmers' market sales permit to authorize the
licensee, a member of the licensee's family, or an employee of the licensee to conduct an instructional tasting
event on the subject of wine at a certified farmers' market, subject to certain conditions.
By expanding the definition of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23399.4 of the Business and Professions Code is amended to read:
23399.4. (a) A licensed winegrower may apply to the department for a certified farmers' market sales permit. A
certified farmers' market sales permit shall authorize the licensee, a member of the licensee's family, or an
employee of the licensee to sell wine at a certified farmers' market at any place in the state approved by the
department. The licensee may only sell wine that is produced entirely from grapes or other agricultural
products grown by the winegrower and that is bottled by the winegrower. In addition, the permit will allow an
instructional tasting event by the licensee on the subject of wine at a certified farmers' market. The permit may
be issued for up to 12 months but shall not be valid for more than one day a week at any single specified
certified farmers' market location. A winegrower may hold more than one certified farmers' market sales
permit. The department shall notify the city, county, or city and county and applicable law enforcement agency
where the certified farmers' market is to be held of the issuance of the permit. A "certified farmers' market"
means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17
of the Food and Agricultural Code, and the regulations adopted pursuant thereto.
(b) (1) An instructional tasting event is subject to the authorization and managerial control of the operator of
the certified farmers' market. The licensee, a member of the licensee's family, or an employee of the licensee
may conduct an instructional tasting event for consumers on the subject of wine at a certified farmers'.market.
(2) (A) At all times during an instructional tasting event, the instructional tasting event area shall be separated
from the remainder of the market by a wall, rope, cable, cord, chain, fence, or other permanent or temporary
barrier. Only one licensee may conduct an instructional tasting event during the operational hours of any one
certified farmers' market.
(B) The licensee shall not permit any consumer to leave the instructional tasting area with an open container of
wine.
(c) The licensee shall not pour more than three ounces of wine per person per day.
(d) The licensed winegrower eligible for the certified farmers' market sales permit shall not sell more than
5,000 gallons of wine annually pursuant to all certified farmers' market sales permits held by any single
winegrower. The licensed winegrower shall report total certified farmers' market wine sales to the department
on an annual basis. The report may be included within the annual report of production submitted to the
department, or pursuant to any regulation as may be prescribed by the department.
(e) Except as otherwise provided in this division or by the rules of the department, no premium, gift, free
goods, or other thing of value shall be given away by the licensee, a member of the licensee's family, or an
employee of the licensee in connection with an instructional tasting event conducted pursuant to this section
that includes tastings of wine.
(f) The fee for any permit issued pursuant to this section shall be fifty dollars ($50), subject to adjustment
pursuant to subdivisions (b) and (c) of Section 23320.
(g) All money collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund
as provided in Section 25761.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a
crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or
safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to help certified farmers' market sales during the current season, it is necessary that this act take
effect immediately.
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
CITY COUNCIL
~v
TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUPPLEMENTAL INFORMATION
AGENDA ITEM Be -CONSIDERATION OF PARTICIPATION IN A
RECYCLED WATER FACILITIES PLANNING STUDY AND GRANT
APPLICATION FOR A SATELLITE WATER REOURCE RECOVERY
FACILITY FOR THE SOUTH SAN LUIS OBISPO COUNTY SANITATION
DISTRICT
SEPTEMBER 23, 2014
Attached please find correspondence received from Mr. Lewis on September 20, 2014
regarding Item 8c.
water Advisory Proposal
From: M. Lewis [lastofthev8interceptors@charter.net]
sent: Saturday, September 20, 2014 9:32 AM
To: Teresa Mcclish
subject: water Advisory Proposal
Hi Teresa,
for the proposed water reclamation
It is time that municipalities make the
pretreatment and recycling facility is
I am writin~ to express my support
satellite facility feasibility study.
most use of their finite resources. A
a great idea for the city's future!
The cost of potable and non-potable water are roughly equal but numerous
added benefits arise with the use of recycled water. The diversion of
wastewater for reuse or groundwater recharge is a progressive capital
improvement that should be seriously considered.
I am unable to attend the sept. 23 council meeting, but would like to add
my voice in support of a comprehensive water reuse program for Arroyo Grande.
Thanks for your hard work and support.
Marc Lewis
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