Sen. Wiener (D, SF) Reintroduces His 4 a.m. Bar Closing Bill, Would Let LB Council Majority Decide Here; Outgoing Gov Brown Vetoed It; Incoming Gov. Newsom Might Allow It
Nov. 2017: Mayor Garcia told Sen. Wiener 4 a.m. bar closings wouldn't work "citywide" in LB but supports them for "special events" in downtown entertainment district
Exited state Senator Lara (co-authored previous 4 a.m. bar bill) and Mayor Garcia have both endorsed downtown LB Councilwoman Gonzalez now seeking Lara's vacated state Senate seat
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(Dec. 18, 2018) -- State Senator Scott Wiener (D, SF), has re-introduced the text of his 4 a.m. bar-closing bill that Governor Brown vetoed last year, possibly assuming incoming Governor (former SF Mayor) Gavin Newsom will be more inclined to let it become law if it again passes the state legislature.
Now labeled SB 58, the measure would allow but not require City Councils in nine cities -- including Long Beach -- to allow 4 a.m. bar closings and if so on what terms. Sen. Wiener -- who's also reintroduced a new version of last year's stalled/City of LB opposed SB 827 that sought to override local choice on zoning/housing density near bus/train lines -- frames his 4 a.m. bar bill as a matter of allowing local choice.
SB 58 includes Long Beach after Mayor Robert Garcia (who doesn't have policysetting authority, which belongs to the City Council) told Senator Wiener in November 2017 (without seeking LB public or Council discussion) that Long Beach sought inclusion in the bill which was supported by the Downtown Long Beach Alliance and the LB Area Chamber of Commerce. Quoted in a Nov. 2017 release from Sen. Wiener's office, Mayor Garcia said the 4 a.m. closings "clearly would not work citywide for us, it does give the city and local law enforcement the flexibility to allow special events in the Downtown Entertainment District. This option has been supported by the Downtown Long Beach Business Alliance, which manages our business improvement district."
But neither Mayor Garcia nor "local law enforcement" would decide where and when the 4 a.m. closures would apply; a LB City Council majority would.
The issue could surface in a 2019 special election -- in which voters in sizable parts of LB beyond downtown will vote on whom to choose to fill a state Senate seat vacancy. In that special election, 1st district (downtown area) Councilwoman Lena Gonzalez is seeking the state Senate seat with the endorsement of exited-state Senator Ricardo Lara -- who was a named co-author of the previous 4 a.m. bar bill SB 905 -- and by Mayor Garcia who supported LB's inclusion in the previous bill.
3rd dist. Councilwoman Suzie Price (who represents bar-heavy 2nd St. in Belmont Shore) voiced her personal opposition to the previous 4 a.m. bar bill. On May 31, 2018 and again in her June 8, 2018 newsletter, Councilwoman Price explained her position: "I oppose allowing expanded hours of alcohol sales in Long Beach. Providing more time and access to alcohol presents increased concerns and opportunities for impaired driving, and creates an increased likelihood that people leaving bars are on the road in the early morning hours the same time as commuters beginning their day. I have seen the terrible and tragic affects of too many DUI cases, and would be very concerned with the potential dangers to our many Long Beach communities."
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Assemblyman Patrick O'Donnell (D, LB) voted against the previous bill but Assembly Speaker Anthony Rendon (D, NLB/Paramount) was a named Assembly co-author of the previous bill. L.A. Mayor Eric Garcetti supported the previous bill but L.A. City Councilman Paul Koretz was a vocal opponent. On last year's bill, L.A. Councilman Koretz stated: "While we want our local businesses to thrive, no good can come from serving alcohol until 4 a.m. If this passes we can expect more DUIs, more drunk driving injuries and more alcohol related deaths." In response to the argument that SB 905 simply allows "local choice," Councilman Koretz said: "No district is an island and it is outrageous to call this a local discretion bill when its impacts will spill over into adjacent jurisdictions that will be stuck with the very expensive public safety bill - the cost of life and death." (Alcohol Justice, a non-profit industry watchdog group, was among the previous bill's strongest opponents.)
Now outgoing Gov. Brown ultimately vetoed SB 905 it saying it would invite "mischief and mayhem."
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In a Dec. 18 Facebook dispatch, Sen. Wiener wrote:
As we near Christmas, let's give the gift of great nightlife. Yesterday, I introduced Senate Bill 58, allowing 9 cities to extend nightlife to 4 a.m. Governor Brown vetoed the same bill earlier this year, saying it would lead to "mischief & mayhem." No, it won't. It'll lead to great nightlife. We won't give up.
The nine cities in this five-year pilot program - all of which have requested to be included - are Los Angeles, San Francisco, Sacramento, Long Beach, Oakland, West Hollywood, Palm Springs, Coachella, and Cathedral City. Each city will have power to decide locally whether to extend hours or stay as is. 23 states allow closing time after 2 a.m. The sky hasn't fallen. It's time to move away from California's century-old, rigid statewide 2 a.m. closing time.
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The LB City Council's (Mayor-chosen) "State Legislation Committee, chaired by Councilman Al Austin, never agendized the previous 4 a.m. bar bill for discussion or recommendations to the full Council. As previously reported by LBREPORT.com, Councilman Austin filed paperwork in the second half of 2017 to seek a now-vacated state Senate seat. His wife is District Director in the L.A. office of Assemblyman Jones-Sawyer, who was an Assembly co-author of SB 905.
On the previous 4 a.m. bar bill, statewide supporters included: [via State Senate Committee on Governmental Organization March 2018 legislative analysis/most complete supporter list]:
213 Hospitality
California Hotel & Lodging Association
California Music & Culture Association
California Restaurant Association
California Small Business Association
California Teamsters Public Affairs Council
California Travel Association
Central City Association
City of Oakland
City of West Hollywood
Darrell Steinberg, Mayor of Sacramento
Greater Los Angeles Hospitality Association
Hotel Council of San Francisco
Long Beach Area Chamber of Commerce
Los Angeles Area Chamber of Commerce
Lyft
Mark E. Farrell, Mayor of San Francisco
Robert Garcia, Mayor of Long Beach
San Francisco Bar Owner Alliance
San Francisco Chamber of Commerce
San Francisco Travel Association
San Francisco Taxi Workers Alliance
State Coalition of Probation Organization
UBER
UNITE HERE, AFL-CIO
Valley Industry and Commerce Association
West Hollywood Chamber of Commerce
Opponents included (Assembly Governmental Organizaton Committee legislative analysis list/June 2018):
Alameda County Board of Supervisors
Alcohol & Drug Abuse Prevention Team San Ramon Valley
Alcohol Justice
Asian American Drug Abuse Program
Barbary Coast Neighborhood Association
California Alcohol Policy Alliance
California Council on Alcohol Problems
California Youth Council
Californians for Drug Free Youth
Center for Human Development
Center for Open Recovery
Cesar E. Chavez Commemorative Committee of the San Fernando Valley
Coalition to Prevent Alcohol Related Harms LA Metro
Coastal Communities Drug-Free Coalition
Council on Alcoholism and Drug Abuse
County Behavioral Health Directors Association
Day One
Fetal Alcohol Spectrum Disorders Network of Southern California
Friday Night Live Program
Health Officers Association of California
Institute for Public Strategies
Los Angeles Drug & Alcohol Policy Alliance
Los Angeles Police Protective League
Lutheran Office of Public Policy - California
Mission Neighborhood Centers, Inc.
Mothers Against Drunk Driving
Mountain Communities Coalition Against Substance Abuse
Mountain Communities Family Resource Center
National Asian Pacific American Families Against Substance Abuse, Inc.
National Coalition Against Prescription Drug Abuse
National Council on Alcoholism and Drug Dependence - Orange County
Pacoima Urban Village
Project Safer
Pueblo Y Salud, Inc.
San Diegans for Safe Communities
San Marcos Prevention Coalition
Sonoma County Board of Supervisors
South Orange County Coalition
Sun Street Centers
Tarzana Treatment Centers
Teen Esteem
The Wall-Las Memorias Project
Wellness & Prevention Center
West County Alcohol Marijuana & Prescription Drug Coalition
West Hollywood Project
Westside Impact Project
Youth Leadership Institute
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