EL TORO BREW PUB TOO CLOSE TO SCHOOL?
“My call is concerning the location of the El Toro Brew Pub in downtown on the corner of Monterey Road and Main Avenue. I was under the impression that an establishment that serves alcohol cannot be located within 1,000 yards of a school. I’m pretty certain that Britton Middle School is closer to that intersection than that. How do some things slip through the cracks like this? If I am off-base with this, or mistaken, I apologize. Could you look into this?”
RED PHONE
After getting several different versions of the particulars necessary to get a license to sell alcohol, the Red Phone decided to get it straight from the Alcohol Beverage Control (ABC) Web site. The law says ABC may deny any retail license located (a) within the immediate vicinity of churches and hospitals, or (b) within at least 600 feet of schools, public playgrounds and nonprofit youth facilities. Generally, ABC will deny a license in the above situations when there is evidence that normal operation of the licensed premises will be contrary to public welfare and morals. Mere proximity by itself is not sufficient to deny the license.
ABC will not license a new retail location within 100 feet of a residence unless the applicant can establish that the operation of the proposed premises will not interfere with the quiet enjoyment of the property by residents.
The city also has a say in where there establishments that sell or serve alcohol can be built. Steve Golden, associate planner for the Morgan Hill Planning Department, advised the Red Phone that zoning laws must be adhered to. There would be no sense in pursuing an alcohol license if the proposed site was not zoned for this purpose.
So, caller, those people who would be affected adversely by the presence of the establishment selling alcohol must make their concerns known. This is usually done when the merchant wishing to secure a license publishes his intentions in the newspaper and displays the intent to sell or serve alcohol in a conspicuous spot in the storefront.
There used to be a restaurant called Mushrooms located a few doors west of the Brew Pub. They served alcohol for quite some time with no adverse effects to the community. We can only assume that the El Toro Brew Pub has not caused any problems either, other than a little more traffic at the intersection of Main Avenue and Monterey Road, but that’s another story.
WHERE’S MY HOROSCOPE?
“The page index of the Jan. 12 issue of the Morgan Hill Times says that horoscopes is on page C4. I turned to that page and there are no horoscopes. How come?”
RED PHONE
The Red Phone asked the Times’ paginator Gerry Blanchard about the missing horoscopes. Because the Times’ lifestyle-section pages are prepared at the Giroy Dispatch, the Times’ sister publication, horoscopes and comics have been mistakenly included in the Times index. These two features only appear in the Dispatch and Hollister Free Lance. The Red Phone thanks our caller for bringing this to our attention and the error will be corrected in future issues.
TETHER LAW MAY BE TESTED
“There is a new law in effect concerning the tethering of dogs to a stationary point for no more than three hours in a single day. If I suspect a violation, who do I report this to?”
RED PHONE
Thanks for being an aware and concerned resident, caller.
Senate Bill 1578, the new anti-chaining law, went into effect at the beginning of the year. Law enforcement officers can cite offenders with a misdemeanor that could land them in jail for up to six months with a fine as high as $1,000.
Whenever it is suspected that an animal is being mistreated or there is a violation of the law concerning an animal, the best course of action is to call Morgan Hill Animal Control. The phone number is 779-2101. The dispatcher will send out an animal control officer to assess the situation and take appropriate action.
Keep the Red Phone busy by calling us with your concerns about the community you live in. Contact us at (408) 779-4106, ext. 206, or e-mail re******@*************es.com. Remember to leave a name and phone number when you call or e-mail. The Red Phone will not publish this information and will only use it for verification purposes.
