BOARD PROTESTS TRIBE'S ALCOHOL APPLICATION; ARMENTA DENIES DESIRE TO SELL ON FLOOR
By Jeremy Foster, Staff Writer Santa Ynez Valley Journal
The Santa Barbara County Board of Supervisors is the latest party to protest a bid by the Santa Ynez Band of Chumash Indians to expand the liquor license at its Chumash Casino Hotel and Resort.
The Chumash filed an application May 28, requesting the right to expand their license for the Willows Restaurant to cover the Creekside Buffet, the Samala Showroom and the nearby hotel.
On Tuesday the board majority agreed to send a protest letter to the state Department of Alcoholic Beverage Control (ABC), on the grounds that the casino is within about a half-mile vicinity of three elementary schools, Santa Ynez Valley Union High School, and the YMCA; would add to an already high concentration of liquor licenses in the area; and could potentially exacerbate criminal activity in the area.
Third District Supervisor Doreen Farr, who brought the item to the agenda, said she knew about the application but became concerned when an ABC official told her it is being reviewed as a new application and would cover the entire casino.
Although the board wanted more time to mull the application and ABC’s complicated licensing procedures, the June 28 deadline for comments to ABC forced the board to schedule a last-minute hearing on the issue so they can weigh in on the proposed license.
A formal protest allows for a public hearing so that the applicants and the supervisors can work out conditions for the application of the license.
While Tribal Chairman Vincent Armenta stated he had no desire to sell alcohol on the gaming floor, the requested license would enable him to sell beer, wine and hard liquor throughout the Casino’s guest areas, according to Leslie Pond, district administrator for the California Department of Alcoholic Beverage Control’s local branch.
Barring alcohol sale in the gaming area or in other parts of the Casino would require the Chumash to apply for multiple liquor licenses. Under that scenario, each area would need its own restaurant, whereas the proposed license would allow every guest spot to be tethered to the casino’s main restaurant, Pond explained.
“The tribe can exclude certain areas, but that’s not really practical,” he said. “That’s just not what is done 99 percent of the time.”
The application for the Willows Restaurant license was approved in early 2004 and includes more than a dozen conditions, such as restricted hours for alcohol sales and limits on the sales, and consumption of alcohol in the restaurant. In 2008, the tribe applied to consolidate its three licenses, but abandoned those plans after encountering stiff resistance from locals.
At the meeting, Sam Cohen, the tribe’s government and legal affairs representative, insisted that the new license is not intended to add a bar-style location to the casino, but is meant to add alcohol to sit-down style meals served there.
Sheriff Bill Brown told the board he is also filing a “conditional protest” with ABC, but said that he trusted that the tribe wouldn’t expand its alcohol sales beyond areas specified in its application. He said he and the tribe had hammered out an agreement Monday on conditions for the license that, among other things, cover where and when alcohol could be sold, and a requirement that allows Sheriff’s deputies to inspect the casino when alcohol is being served.
“Part of my concern was allayed by the fact that the casino does have a professional security force, and I’m familiar with them because they used to work for me when I was a police chief in Lompoc,” he told the board. “We don’t have a significant number of alcohol-related problems at the current time.
“We have seen an uptick in some of the citations that have been issued,” he added. “But those citations are for a variety of things that are not strictly for alcohol-related offenses.”
In 2009, there were 154 arrests or citations issued at the casino property, according to a Sheriff’s Department report of crime statistics. The numbers do not include calls for service. Approximately 20 incidents were alcohol-related – most for public intoxication.
During the same year, there were 61 crimes related to drugs, 23 to theft, 22 to trespassing, 11 arrests on outstanding warrants, four forgery and identity theft incidents, six battery cases, three probation violations and 24 miscellaneous crimes.
A year earlier, there were 36 reported alcohol-related crimes, including two DUIs and four minor in possession of alcohol offenses.
There had been 124 reported offenses or arrests already this year. If that trend continues, Sheriff’s officials estimate, the year would end with 300 arrests and citations.
Armenta told the board he was “proud of the number of crime statistics,” which he believes underscored how vigilant the casino’s security force is in alerting law enforcement to criminal behavior on casino property.
“The Sheriff feels comfortable with what we’re doing, we feel comfortable with what we’re doing, and we have been diligent on everything that we have done,” he added.
Some speakers said they were alarmed by the potential increase in crime at the casino and accidents on the two, two-lane highways that now funnel thousands of cars into the casino. “You’ve got serious budget problems and public safety is issue No. 1,” said activist and Valley resident Bob Field. “What’s before you today gives you the opportunity to make both of those problems worse with a single vote.”
Field also noted that the taxpayers – not the tribe – had to pay the tab of the Sheriff’s caseload of crime committed at the casino. Speaking on the issue of accidents, he added: “If you want some indication of how serious the state knows this problem is, Caltrans stockpiles accident barriers and pile-ons at the intersection of (highways) 154 and 246,” he said. “They don’t even take them away.”
His concerns were echoed by former 3rd District Supervisor Gail Marshall, Solvang Mayor Jim Richardson, Barbara O’Grady of the Valley’s Women’s Environmental Watch, and Gerry Shepherd of the Santa Ynez Valley Concerned Citizens.
Andy Caldwell, executive director of the Coalition of Labor, Agriculture and Business of Santa Barbara County, defended the Chumash.
He said the tribe is a “victim of its own success” because of the success of its security self-enforcement.
“We don’t want to see them punished because of their due diligence,” he insisted. “Most bars, county fairs, county bowls and vintner festivals don’t have anywhere near this level of expertise of self-enforcement or their numbers would be staggering.”
First District Supervisor Salud Carbajal cast a dissenting vote because he insisted that the 14 conditions agreed upon by Sheriff Brown and tribal leaders should be attached to the letter.
Fourth District Supervisor Joni Gray said she and her constituents enjoy the casino and said she thought the protest letter was an act of discrimination. “If it would have been anyone but the Chumash, we wouldn’t have gone there,” she lamented.
June 29 is the deadline for public comments on the application. Comments can be sent to Leslie Pond, district administrator, ABC San Luis Obispo district office, 3220 S. Higuera St., Suite 233, San Luis Obispo, 93401. The office can also be reached by calling 543-7183.