Planning commission denies request to upgrade Shell convenience store liquor license at 8990 Bolsa Avenue

The Westminster Planning Commission on April 2 denied a conditional use permit to upgrade a convenience store’s alcohol license from a beer-and-wine off-sale license (ABC Type 20) to a general off-sale license (ABC Type 21) at 8990 Bolsa Avenue, a convenience market attached to a Shell gas station.

Staff described the proposal as a conversion from a Type 20 to a Type 21 to allow sale of distilled spirits and certain ready-to-drink products that use distilled spirits as the base. Ken Vichtelman, principal planner, said the change requires a new CUP and a local public convenience or necessity (PCN) determination from the city because the census tract is oversaturated under California Department of Alcoholic Beverage Control (ABC) metrics; the tract’s ABC allocation allows four off-sale licenses and the tract currently lists six.

The applicant’s consultant, Steve Rawlings, said the request was driven by changes in product formulation: many ready-to-drink beverages now use distilled spirits as an ingredient and therefore require a Type 21 license. Rawlings told the commission the proposed alcohol display would occupy “about 2.7% of the overall store size” and said Jackson’s stores operate corporate compliance and training programs. He asked the commission to reconsider a draft condition that would bar certain single-container sales, arguing restricting single sales can encourage bulk purchases and may not reduce public misuse.

The Westminster Police Department provided recommended conditions including restrictions on single-container sales, locked cabinets for distilled spirits above a specified ABV, and limits on exterior advertising of alcohol. Staff noted the applicant would keep spirits above a stated ABV behind the cashier in a locked cabinet and would add a small locked cabinet for certain products.

Public commenters raised neighborhood concerns. Resident Catherine Litwin said the area near Bolsa and Magnolia has a nearby homeless encampment and regular late-night activity; she urged denying expanded alcohol sales. Terry Raines raised process questions about notice and asked why police reporting had been summarized rather than provided as a detailed calls-for-service list.

Commission discussion centered on the ABC PCN standard and neighborhood saturation. Vice Chair Anderson moved to deny the CUP and the commission’s PCN finding; Chair Wolbert seconded. The substitute motion to deny carried on a 3–1 vote. Commissioner Hamade voted against denial; Commissioners Anderson and Wolbert and Commissioner Billy voted to deny (recorded by the commission as a 3–1 vote). The commission’s action becomes effective 15 days after the decision date; the applicant may file a written appeal to city council within that period.