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Committee moves to repeal off-sale alcohol nuisance code, citing duplication and burden on small businesses
Summary
An ordinance to repeal Administrative Code Chapter 26 (deemed approved off-sale alcohol nuisance rules) was advanced after sponsors and departments said the code duplicates state law and imposes fees on small businesses; supporters said repeal would save businesses money and address inequitable application.
The Rules Committee recommended repealing Administrative Code Chapter 26, the city’s deemed-approved off-sale (DAO) alcohol nuisance regulations, telling the full Board the code has become duplicative of state law and imposes an annual fee on small businesses that is no longer justified.
Lorenzo Rosas presented the item on behalf of Supervisor Stephanie and said that city departments consulted during drafting — including the Department of Public Health and Police Department — do not oppose repeal. Rosas said the DAO annual fee (reported in committee as $310 last year by Department of Public Health testimony) and uneven application of the program justified repeal. The ordinance traces back to a 2020 economic mitigation working group recommendation and a 2021 small business commission resolution calling for elimination of the DAO ordinance and fee.
Supporters from the small-business community and neighborhood associations urged repeal, saying it would remove an unnecessary financial burden and streamline enforcement under existing state mechanisms. No opposition was recorded in committee. The committee voted unanimously to recommend repeal to the full Board.
Next steps: The repeal will be considered by the full Board; city agencies indicated enforcement of similar state law would continue through existing inspection and enforcement channels.
