Greeting neighbors,

This is just a reminder to all.  Nancy Bearce does have mountains of documents used in numerous successful n'hood wins against zoning applications to sell package liquor for of-site consumption.  I suspect that she would be happy to share these with any attorney you wish to choose to represent a case against Southwest Convenience Stores, Inc.'s applications.  Much would be useful in opposition to a license.
Included in those documents are the CVS pharmacies vs City of ABQ and the most recent successful opposition to Southwest Convenience Stores, Inc. / 7 Eleven's liquor sale application to the Zoning Hearing Officer.

Additionally, allow me to direct you to the State Alcohol & Gaming Dept.'s form "In Protest or Support of a Liquor License" Application: http://www.rld.state.nm.us/alcoholandgaming/File_A_Complaint.aspx

Just sayin'
Charlie Bennett


On Mon, Jun 3, 2019 at 10:38 AM Davis, Pat via Neighbors_nobhill-nm <neighbors_nobhill-nm@mailman.swcp.com> wrote:
Neighbors in Parkland Hills, South San Pedro and Nob Hill, 

You should have received a notice of a liquor license hearing tomorrow, 6/4 at 9am in the 9th Floor Committee Room, for your neighborhoods which involve the 7-11 stores at 3801 Central NE (Central & Aliso) and 5401 Kathryn SE (Kathryn & San Mateo).

Over the past week or so, I have been contacted by several neighborhood groups and petitions asking for the city to deny these transfers of sale.  

I fully support these efforts, however please ensure that they are directed to the city's alcohol licensure officer, c/o Mrs. Sandra Chavez, smchavez@cabq.gov instead of to the city council.

The city's liquor license decision authority is vested in an Independent Liquor Hearing Officer whose decisions are appealed to the courts, not the Council.  

Similar to our zoning rules, they city's ethics rules also prohibit me from specifically directing hearing officer or staff in this matter - but in extraordinary circumstances I can help the community organize and share my own concerns and I have chosen to do just that in these cases.

That said, I share concerns about the negative neighborhood impacts these two locations have demonstrated under 7-11 management.  The hearing officer is limited in what he can consider to deny a license transfer, and the bar is very high to do so.  Experience in these matters tells us that data demonstrating an inability for a license owner to manage the license and incompatibility with evolving neighborhood uses is the most impactful.

Therefore, I had APD, AFR and my staff compile data on calls for service at both locations and I have written and submitted a letter (attached) to the hearing officer detailing:
  • The number of police and fire calls for service at each location
  • The disproportionate number of public resources required to respond to what I perceive is an inability or unwillingness of 7-11 to implement their own policies to prevent, theft, over-intoxication and neighborhood disturbances linked to these locations and alcohol.
Simply put, the availability of alcohol for off-premise consumption has proven to be incompatible with other uses in the neighborhood and the records demonstrate that the City is required to devote a disproportionate amount of public resources to respond to and restore the health and safety of the neighborhoods when the license holders fail, time and time again, to prevent the negative impacts of their off-premise sales from negatively impacting others.

I am making a copy of that letter and the data available to you all so that you can use it in your own advocacy and engagement around these hearings. 

You should also contact your neighborhood association president if you want to know more about your NA's stance on these requests.

In solidarity, 

Pat

Pat Davis
City Councilor



---------- Forwarded message ----------
From: "Foran, Sean M." <seanforan@cabq.gov>
Date: Thu, May 30, 2019 at 1:27 PM -0600
Subject: re Councilor Davis' comments on 5401 Kathryn SE & 3801 Central SE
To: "Chavez, Sandra M." <smchavez@cabq.gov>


Ms. Chavez,

Would you please pass this letter from Councilor Davis regarding the hearings on 5401 Kathryn SE & 3801 Central SE on to Hearing Officer Chavez and include it in the appropriate files. 

Thank you,
Sean Foran
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