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It took seven years of neighborhood complaints to shut down Dwight Way Liquors on Sacramento Street and that was too long, say members of Berkeley Alcohol Policy Advocacy Coalition (BAPAC). 

Tuesday night, with about two dozen BAPAC members in the audience, the City Council approved four of the five recommendations the group had put before them, all aimed at giving city enforcers new tools to control problem alcohol outlets and underage drinkers. 

But the council ignored an “informational” report on its agenda written by the Health and Human Services staff, addressing the need for treatment and other services for people with substance abuse issues. The proposals are costly and will be discussed during the budget process, City Manager Phil Kamlarz said in a telephone interview Wednesday. 

Current law “fail(s) to protect the community’s well-being,” BAPAC Secretary Lori Lott said, addressing the councilmembers Tuesday night. 

The council passed three of BAPAC’s five recommendations unanimously: 

• the first reading of a law that mandates alcoholic beverage service training for those selling alcohol. 

• a recommendation to the Planning Commission that if an outlet selling alcoholic beverages were closed for more than 90 days, the right to alcoholic beverage sales could be terminated.  

• a recommendation for the city manager to meet with BAPAC representatives to formulate a proposed “deemed approved” ordinance, which would require alcohol-selling establishments to pay fees for enforcement of operating standards. 

The council also voted 7-1-1, with Councilmember Kriss Worthington opposing and Councilmember Linda Maio abstaining, to approve an ordinance that would target the host of a gathering for a possible misdemeanor if minors consume alcohol on the premises. This is known as a “social host” ordinance. 

A fifth proposal, called a “second response ordinance,” was held for further examination by staff and will come back to the council in two weeks. This would be a redrafting of an existing law, increasing fines for multiple police calls for noisy parties at the same location. 

Many other cities have deemed-approved ordinances requiring annual inspection fees. The cost ranges from about $290 in Oxnard to $1,500 in Oakland. City staff estimate that a program in Berkeley would need five inspectors and cost about $750,000, but BAPAC members say inspections can be accomplished with fewer staff at a lower cost. 

Oakland’s deemed-approved ordinance is carried out by a multi-agency team that includes police, police technicians, a planner and a part-time city attorney. The team, according to a May 2005 report authored by the Oakland police chief, “encourages alcohol licensees to make site improvements, i.e. increased lighting, a clean environment, discouragement of loitering and proper signage to encourage better behavior from patrons and potential loiters.” The program also uses decoys to determine whether the establishment is selling alcohol to minors. 

The problem with the current nuisance law, is that “the public has to prove that it’s a public nuisance,” Ed Kikumoto, policy director for the Oakland-based Alcohol Policy Network, told the council. Regulations in a deemed-approved ordinance would put the onus on the business owners. “The owner must abide by the rules,” whether or not there are complaints, Kikumoto said. 

Dawn Trigstad Ribin of BAPAC said the current nuisance procedure is used only in the most egregious cases. “It’s very time consuming for the city and costly for the owners,” she said, supporting an eventual deemed-approved law. 

Addressing the council, Tim James, manager of local government relations for the California Grocers Association, agreed that training persons who sell alcohol should be mandatory. But in a phone interview Wednesday, he addressed the proposed deemed-approved ordinance, saying he thinks only problem outlets should pay inspection fees. 

“The challenge lies in not overly burdening responsible retailers,” he said. 

Kenan Wang, of the Interfraternity Council and the Associated Students of the University of California, was among a group of students at the council meeting who questioned the recommendations for social host and noisy party ordinances.  

“I’m skeptical of certain parts of (the social host) ordinance,” Wang said. “It does not distinguish between 20-year-olds and a 13-year-old. College students will party and will drink. We need to focus on curbing the negative consequences.” 

Addressing the recommendations to curb noisy parties, Daniel Montes, also a student, called on the council to “consider the voice of the students.” 

Staff proposals, which the council did not consider, target school intervention to address truancy problems and train school staff in substance abuse issues. Their recommendations also include increasing recreational opportunities for youth, access to treatment for people without insurance, affordable housing opportunities for people with drug and alcohol issues and creating programs for elderly substance abusers.