In 2008, the Chumash Casino in Santa Ynez applied to expand the sales of alcohol. Many community members protested. Community members provided pages of documentation that included internal tribal records and pictures of significant criminal drug and alcohol activity. Community members asked for an investigation. For reasons that were not disclosed to the public, the application was shelved.
In 2010 the Chumash Casino again applied to expand sales of alcohol. Eighty-seven community members protested. In this go-round, the press and community obtained statistics of almost daily visits by the Sheriff’s Department for drug, alcohol and other criminal activity, including arrests of minors. As reported in the Valley Journal, statistics included: 2007: 540 visits, 229 opened cases and 159 arrests of “one or more suspects;” 2008: total number of arrest/offense reports, not including calls for service, 149; 2009: total offense reports, not including calls for service, 154.
Again, community members asked both the Alcoholic Beverage Control (ABC) and Sheriff’s Department for an investigation, questioning not only the expansion of alcohol sales, but why the ABC had not identified this as a disorderly house/premise and suspended or revoked the existing license, per California Code 26501?

Section 26501 of California Code: Every licensee, or agent or employee of a licensee, who keeps, permits to be used, or suffers to be used, in conjunction with a licensed premises, any disorderly house or place in which people abide or to which people resort, to the disturbance of the neighborhood, or in which people abide or to which people resort for purposes which are injurious to the public morals, health, convenience, or safety, is guilty of a misdemeanor.

The supervisors and sheriff protested, but then negotiated conditions to allow the expansion of sales and removed their protest.
Regardless of the public outcry, proof of extensive drug and criminal activity and request for investigations, in September 2010, the ABC notified protestors that, “the Department has approved an application to allow the above applicant to operate the above applied-for premises under the authority of an Interim Retail Permit, effective September 20, 2010.”
Following this approval, a review of ABC decision-making was done. The review included looking at suspensions and license termination of other establishments, California legal code, interaction between the Sheriff’s Department and ABC, and, literature on ABC decision-making.
The following is a summary of information found. The first are examples of ABC suspensions or revocation of licenses on other establishments based on violations, negative impact on the community or law enforcement:

1. “ABC revokes liquor license of crime ridden bar,” Aug. 5, 2004. “Over the last two years, there have been over a half-dozen arrests for narcotics sales and possession linked to the location.” 2. “ABC revokes license of Grover’s Bar in Bay Point,” Nov. 27, 2007. “The license was revoked because ABC Investigators along with Contra County Sheriff’s Deputies completed a three-month investigation in 2006 that involved purported stolen property and illegal narcotics transactions at the licensed premises…ABC along with Contra Costa County Sheriff’s Department initiated the investigation due to heightened concern about this location in the community.”
3. “ABC suspends liquor license of Hidden Valley Golf Club in Norco,” July 7, 2007. A 16-count accusation was filed against the club for a “disorderly house” involving multiple charges of lewd conduct.
4. “CA ABC suspends license at Los Dos Amigos Bar for illegal activity,” June 20, 2008. “The bar had been the source of extensive disorderly activity and required numerous police visits from local law enforcement, which triggered an ABC investigation.” 5. “Redding club’s liquor license suspended even though it’s closed,” Dec. 24, 2009. “The suspension addresses that encounter and other rowdy behavior at the club that ‘created a drain on local law enforcement resources.”
6. “ABC suspends Brickhouse license,” Jan. 7, 2010. “Ca. ABC has announced its intent to punish the Brickhouse Bar and Grill in response to a series of disturbances and noise complaints…Porterville police officers responded to nine disturbances, three fights and nine incidents of loud music.”

Further research into ABC decision-making involved a phone call to the ABC asking how the ABC determines that there are problems at a location. They explained that they get complaints from the public and per Ca. Corporation Code 24202 local law enforcement is supposed to send police reports, but many times they did not. Ca. Corporation Code 24202 states:

(a) All state and local law enforcement agencies shall immediately notify the department of any arrests made by them for violations over which the department has jurisdiction which involve a licensee or licensed premises. Notice shall be given within 10 days of the arrest. The department shall promptly cause an investigation to be made as to whether grounds exist for suspension or revocation of the license or licenses of the licensee.

A Freedom of Information Act (FOIA) was then filed with the ABC asking how many reports the Sheriff’s department had submitted to the ABC, as required by law. ABC responded that there had been one report filed June 29, 2006. Given the information obtained by the press, and community, of hundreds of cases of drug, alcohol and other criminal activity, it was unclear why the Sheriff’s Department had chosen to send only one report. The Sheriff’s Department was then contacted and asked why they had not followed the law. They replied that there had been some sort of oversight and they had recently sent the ABC copies of every report written.

A second FOIA was filed with the Sheriff’s Department asking for copies of all reports sent to the ABC. The Sheriff’s Department provided copies of the face page of all written reports at the Chumash Casino and Resort, 1,452 of them from 1997 through Jan. 26, 2011:

The total number of reports written are as follows: 1997, 48; 1998, 37: 1999, 31; 2000, 37, 2001, 60; 2002, 73; 2003, 87; 2004, 133; 2005, 159; 2006, 193; 2007, 166; 2008, 119; 2009, 136; 2010, 157; 2011 (1/1-1/26/11), 13.
Although drug, alcohol and other criminal activity statistics have been reported by the press, reading the reports provides a graphic picture of the activity at this location that is in the heart of the community, and within a short or walking distance to four schools and a park:

“Suspects were under the influence of a controlled substance and in possession of methamphetamine for sale.”

“Possession of a loaded weapon. Drunk driving.”

“Trans/sell controlled substance, Possession of a firearm, Concealed weapon, Conspiracy, Parole violation, Under the influence, Misc. narcotic violation”
“Possession of alcohol by a minor.”

“The suspect was arrested and transported to the Solvang Police Station. While in transit to the station, the suspect retrieved two plastic bags containing various prescription pills, from her vagina. The suspect then ripped open one of the bags with her teeth and swallowed three 10mg Ambien pills.”

“Suspect drove a vehicle while under the influence of an alcoholic beverage and/or drugs.”

To note, a review of the written reports did not turn up any reports written on Dec. 12, 2007. In Dec., 2007, the Valley Journal reported that on that date Sam Cohen, a legal advisor and lobbyist for the Chumash Casino, and his wife, were both arrested – Mrs. Cohen was taken into custody on suspicion of being drunk in public and Sam Cohen was arrested on suspicion of domestic violence.

In further examination of ABC decision-making, a study conducted and reported in March/April of 1993, titled “Alcoholic Beverage Licensing Practices in California: A Study of a Regulatory Agency,” found the following:

“A mail survey sent to all 25 State of California Alcoholic Beverage Control (ABC) offices and distributed to all 167 investigators assessed investigator’s decisions to recommend issuance or denial of alcoholic beverage license applications… Findings show that although ABC investigators are influenced by public protests, illegal applications, and an applicant’s moral character, they consistently favor licensing the applicant. The two formal rules that were designed specifically to respond to the community’s welfare do not present serious barriers to obtaining an alcohol license. As a state regulatory organization, ABC is influenced greatly by the industry that is supposed to regulate.”

Last week Leslie Pond, ABC, was contacted to determine the status of this application. At this time, Mr. Pond would have had copies of 1,452 Sheriff’s reports written, in addition to the already submitted 87 community protest letters. Mr. Pond stated that the application was moving forward in the process.
This research review brings to light many questions including:

Is the ABC applying different standards for decision-making? The examples given show that those establishments were punished with fewer than 20 incidences, yet the Chumash Casino and Resort has had hundreds, its license has not been suspended or revoked and it is being considered for expansion of sales.
Does the ABC have any consideration for community welfare? Is the ABC as aggressive with undercover operations at the Chumash Casino as it is at other locations?

Given the fact that 18-year-olds are allowed to gamble there and minors have been found in possession of alcohol, has the ABC done decoy operations at the Chumash Casino like it has done aggressively at other locations?

Can non-Indian owned establishments that have had licenses suspended or revoked for a few incidences point to the Chumash Casino, where hundreds of incidents have occurred and claim they have been discriminated against?

Drug, alcohol and other criminal activity was exposed back in 2008, and again in 2010. What responsibility does the Board of Supervisors have to protect the public health and safety?

What responsibility do the state and federal government have in regard to criminal activity on land in federal trust?

Is the Sheriff’s Department withholding information from the public? Why were the reports on Sam Cohen, legal advisor and lobbyist for the Chumash Casino, not included in the written reports provided after the FOIA? What else is being withheld? Is the community at risk by the people who are not arrested but released into the community?

The Sheriff’s Department has done no investigations at the Chumash Casino and Resort.
Why?