40 ouncers and ACPs
City Attorney James F. Penman said city officials can use large-caliber fines called Administrative Civil Penalties to penalize retailers who sell single-serve containers of alcohol in violation of conditional use permits.
City officials announced an enforcement campaign against single-serve alcohol on Monday. Officials' concerns mostly rest on the notion that sales of 40-, 32-, 24- or 16-ounce bottles of beer or malt liquor can fuel petty and serious crimes. The reasoning is that people buying a single are likely to drink the brew shortly after purchase and then do the kinds of things people do while under the influence of alcohol.
Administrative Civil Penalties, or ACPs, allow the city to impose a $1,000 fine, per day, for any violation of the city code. Regulating alcohol sales is generally the responsibility of state government, but Penman said the city has power to prohibit the vending of singles when issuing conditional use permits to establishments that sell alcohol.
If singles are prohibited, can retailers tape two bottles together and avoid penalty? Maybe. Penman said some retailers permits allow for the sale of two-packs, but others require alcohol to be sold in four- or six-packs.
Penman said vendors selling singles who stop doing so after inspection probably won't feel the full weight of the fines.
"They modified so quickly, we're probably going to give them a break," he said.
San Bernardino officials began issuing ACPs against users of illegal fireworks last July. Since then, the city has written out 761 ACPs, and City Attorney's Office investigators issued 504 of those citations, Penman said.
Police issued the next largest amount, 215.
A city hearing officer determines how much people issued an ACP have to pay. Penman said the officer has upheld more than $1.4 million in fines and that San Bernardino has collected nearly $429,000.
Penman said the full penalty is enforced against people who blast loud music from their vehicles or who have to be told twice that they are hosting loud parties.
He said homeowners are given 10 days to correct code violations, and the full weight of the ACPs are not enforced for people with minor violations. He said the fines can be forgiven for people making good-faith efforts to rectify a problem.
"If they're even making progress ... we don't even issue the citation," he said.
Curious to know how any homeowners or business owners who have received ACPs have dealt with the fines. What kinds of fines have been levied against you? Are fines forgiven if you try to fix a problem? Post away in the comment section.
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Andrew Edwards. E-mail Andrew here.
Ridiculous. Absolutely ridiculous. Would love to see evidence to support this claim. Another way for the government to reap at the expense of poverty stricken. Or, the guy that just wants a 40oz after he gets of work.
I just spent half an hour trying to find a place we can purchase single-serve bottles of liquour. In our previous state of residence we frequently purchased single serving bottles as a means of trying out different brands.
This ban is going to prevent us from continuing this practice.
Why do Governments, local, state or federal, feel they have to micro-manage with regulations. It hurts all of us and increases the burden on the taxpayer to enforce same.
I'd like to see a measurement criteria built into every new regulation that will terminate the regulation should the regulation not be able to demonstrate it's effectivenes.