October 13, 2005


Turning the tables

City council overturns 20-year alcohol sales ban at gas stations

By Kymberli W. Brady
Staff Writer

Under mounting pressure from gas station operators, the City Council sided with the Planning Commission and voted last Tuesday to lift a 20-year ban on alcohol and food sales at gas stations.

Relieved with Chevron’s change of heart, Chevron station owner Hank Rullhausen and Mike Bartnek are happy to keep things “status quo.” The business model has worked under both owner and manager for 20 years, a relationship that began more than 22 years ago at the station he owned prior to the current location at Redmond and Almaden Expressway.

The 8-1 vote turns the table on the 1985 ordinance and amends land use regulations under Title 20 of the San Jose Municipal Code by repealing the provisions contained in the Zoning Code, specifically gasoline service combined use.

The underlying reason for the change stems from the growing concerns of small business owners like Rotten Robbie and others who felt they were being discriminated against for wanting to add convenience stores to their businesses and were thus unable to compete in the same market with those who had been grandfathered in.

The decision also came despite concerns by city leaders and Police Chief Rob Davis, wary of links to increased incidents of violent crime, underage drinking, and auto accidents in areas where alcohol is sold at gas stations—especially in residential neighborhoods.

However, Vice Mayor Cindy Chavez argued that specific conditions added to the original draft of the ordinance would help with the policing efforts by slapping severe consequences on those who break the rules.

“My goal is to make it easier for you or code enforcement to shut someone down faster,’’ she said.

Almaden station happily announces “status quo”
Yet, others, like Hank Rullhausen, who owns the Chevron station on Redmond and Almaden Expressway, warned of a side effect that would eliminate other jobs and ripple down to additional businesses should service stations be forced to tear down their garages to make way for convenience stores.

Fortunately, a change of corporate heart will enable Rullhausen to keep things the way there’re been for 20 years. On Saturday, Rullhausen told the Almaden Times that despite the ordinance change, he would be allowed to keep things on his corner status quo.

“I still think it’s dumb to sell alcohol at gas stations,” he said. “But fortunately Chevron said we could stay automotive as long as we wanted to. “We’ll continue to sell what we sell, while Rotten Robbie and the rest of them can sell hot dogs and coffee.”

For 20 years, Rullhausen has offered free coffee to patrons because under the old ordinance, it was against the law to sell it. Although the new ordinance will allow it, he says at four or five cents a cup, he’s happy to keep that the same too.

“I have a sign here that says free coffee. I’ll give you a cup of coffee any time you want it. I have free coffee here for 23 employees; why not offer it to 50 or 60 customers too?”

Anthony Damato finishes repairs on a customer’s car at the Chevron station on Redmond and Almaden Expressway—one of the few service stations left.

Rullhausen remains concerned with the young kids who will go after the quart of beer and alcoholics looking for a half pint to drink on the road after filling up.

“Chief Davis was very eloquent when he showed that in areas where alcohol was already being sold, there were 10 times the number of calls to the police and he doesn’t have the manpower to handle this,” he says. “That concerns me, along with the pier pressure when cashiers who are mostly young part-timers will bow to the pressure of fellow classmates and sell them liquor. I’m against the liability issues. There are already 1,300 places that sell alcohol. Now we’re adding 300 more—to make it more convenient?”

The lone vote against the proposal came from Councilwoman Madison Nguyen, already troubled by the abundance of alcohol outlets in her district. Councilmen Chuck Reed and Dave Cortese abstained, citing conflict of interest concerns.

Although approved, the planning staff was instructed to go back to work tightening up measures that would address concerns over single-serve cans and bottles, hours of operation, among others and develop regulations for licensing and fines for those businesses that violate break the rules, and then return on Nov. 15 with a tighter, more amenable ordinance.