More Delays Likely on Circle K's Request for Alcohol Permit

A Malibu 's year-long effort to sell beer and wine will have to wait until next month for a decision on an appeal of a denied alcohol permit.

The Malibu City Council is scheduled to hold a public hearing on the appeal of permit No. 11-004 at Monday's regular meeting, but the hearing will likely be delayed until the Sept. 10 meeting, according to a council agenda report.

The owner of Malibu 76 Circle K, MMK Enterprises, originally applied for an alcohol permit in March 2011.

The Malibu Planning Commission denied the permit for the sale of beer and wine in November 2011, and the owner appealed the denial in December of that year.

Commissioners cited an "over-saturation" of alcohol providers in the area around the corner of Pacific Coast Highway and Rambla Pacifico Road.

As a Planning Commissioner, Councilwoman Joan House, voted to , meaning she will have to recuse herself from the council hearing.

MMK Enterprises is being represented by Chris Deleau of Schmitz and Associates, which is arguing that the commission's findings were contrary to the law.

Support

Don Schmitz is the president of the Malibu Chamber of Commerce, which sent out an email to chamber members on Aug. 6. The email read:

Dear Malibu Chamber Member,

A fellow Chamber Member is requesting your help. The Malibu 76 Circle K store is appealing their denied application to sell beer and wine.  The owner needs your help in signing a petition.  If you have any questions, please contact Mehran Sarraf directly at 818-481-9450.  To view the petition, plese click this link: Petition Letter.

In an email with Malibu Patch, Schmitz said there is a history of chamber members supporting one another.

"Circle K is a member in good standing with the Chamber of Commerce, and the proposed off site sale of beer and wine is a permissible use under the law. As I represent the applicant I have not taken the issue up with my board or staff, but the owner contacted the Chamber directly and asked for support," Schmitz wrote.

Opposition

Some Malibu residents do not support the sale of beer and wine at the Circle K.

Former Malibu Public Safety Commissioner Susan Tellem that more people need to send letters in support of denial of the appeal.

"There is plenty of alcohol being offered everywhere in Malibu to serve the needs of the community and visitors," Tellem wrote.

In a city agenda report dated July 5, Senior Planner Stephanie Danner, recommended that the council uphold the Planning Commission's decision and deny the appeal and the application for the permit.