Hayward Revises Regulations on Alcoholic Beverage Outlets

The city of Hayward has the right to revoke a restaurant’s right to happy hours and live music.
The city of Hayward has the right to revoke a
restaurant’s right to happy hours and live music.

The city council approved ordinances relating to alcoholic beverage outlets and live entertainment with 6-1 votes Tuesday night, with Councilmember Francisco Zermeno being the sole ‘no’ vote.

“I wish they were all this quick,” said Mayor Michael Sweeney.  The room of councilmembers and audience laughed with approval.

The revisions to the ordinances now have specific language giving the city the ability to revoke a restaurant’s right to happy hours and live music.

Happy hours are defined as alcoholic drinks sold at reduced prices from 4 to 9 p.m., with live music and dancing extending until midnight.

The ordinances also allow the city council to approve new bars in “over-concentrated areas,” with a focus on limiting the number of new liquor stores or bars in designated zones.

Eight new performance standards were approved, including the requirement there be no adverse effects to health, peace or safety of persons in the surrounding area.

Employees will also be required to complete training classes on responsible beverage service. A grocery store whose merchandise is less than 5 percent alcoholic beverages is exempt.

Business owners that violate these performance standards are subject to fines upwards of $2500, as well as re-inspection fees and critical incident response fees.

Critical incidents are defined as when police officers are called for an alcohol related disturbance on or near an alcoholic establishment.

“[Adding new bars] will require a supermajority vote of five,” said Development Services Director David Rizk during last week’s city council meeting.

“Annual reports will be done to show the outcome and results of these new regulations,” he said.

New cabaret and dance provisions were approved relating to live entertainment, live music, and dancing.

Permits are required for single events, including events at restaurants, and one security officer must be present per every 50 people.  New operating standards are in effect, with escalating fines of up to $500 for ordinance violations, including rights being suspended or revoked.

Councilmember Greg Jones discussed in a previous meeting the possibility of publically disclosing code violations to motivate business owners to stay compliant.

“That would be an incentive not to get a citation, as that would be wide open to the public,” said Jones.  Councilmember Mark Salinas added to Jones’ comment, suggesting a yearly report card model similar to Los Angeles County, rating restaurants with individual letter grades.

There was no public comment from the audience.  The ordinances were approved in a matter of minutes.