San Bernardino council upholds denial of ARCO beer-and-wine license at 189 W. Highland

The San Bernardino City Council voted unanimously Nov. 5 to deny an appeal by 189 West LLC seeking a Type 20 (off‑sale beer and wine) license for the ARCO convenience store at 189 West Highland Avenue, adopting Resolution No. 2025‑380 and upholding the Planning Commission's prior denial.

Assistant planner Angeline Mendoza told the council the Planning Division's denial and the commission's ratification relied on three primary factors: Census‑tract allocations showing seven active off‑sale licenses in a tract for which the Department of Alcoholic Beverage Control recommends five; police department statistics showing 140 reported crimes in the reporting district (about 104.65% above the city average); and nearby sensitive uses, including two places of worship within 500 feet and two other alcohol outlets within 100 feet. Mendoza said those factors triggered the public convenience or necessity review and supported the denial recommendation.

The applicant, Kevin Vivian (identifying his corporate entity as 189 West LLC), said the request had been reduced from a Type 21 to a Type 20 license after discussions with staff and offered a suite of voluntary mitigation measures if granted: hours limited to 6 a.m.–10 p.m. (shorter than the state maximum), staff participation in the ABC's LEAD training, locked doors, improved lighting and surveillance with San Bernardino Police Department access. "We're here to make the community better," Vivian said, adding the franchise's track record and investments in façade improvements.

Public comment was mixed. Alexander Schmutzer, representing the Green Shack Marketplace at 163 W. Highland, urged denial and described a vacant building between Green Shack and ARCO that has drawn fires, illegal habitation and repeated reoccupation despite abatements; he also noted recent burglaries at his business. Community members and students who supported the applicant argued the store enforces ID checks, hires locally and has worked with police to integrate cameras. Others, including local outreach workers and residents, warned that the intersection already draws unhoused people and substance use, and they said adding another alcohol outlet "does not make sense" for public safety.

Council members pressed the owner and staff on the factual bases for the findings: whether crimes were specifically tied to the store address, the meaning of "part 1" and "part 2" crimes in the police report, and the census‑track license allocations. Staff explained that the PD data sometimes list specific addresses (including nine arrests attributed to the proposed location) and that two of the part‑2 crimes were alcohol‑related in the PD analysis.

Councilmember Sandra Ortiz moved to uphold the Planning Commission's denial; Councilmember Ted Ibarra seconded. The council's vote was recorded as: Sanchez (Yes), Abarra (Yes), Mayor Pro Tem (Yes), Charette (Yes), Knauss (Yes), Flores (Yes), Ortiz (Yes). The motion passed 7–0. The council's action prevents the issuance of an ABC Type 20 license at the listed site under the conditional use permit and public convenience/necessity entitlements currently before the city.