By Clarence Cromwell
A Los Gatos Chevron station has raised the eyebrows of some town officials with its application to expand its snack shop, using part of a vacant service garage.
Although they harbor no objections to cupcakes, soda and gum, officials are concerned that the larger shop could make the station eligible to sell alcohol, something station management insists it doesn't want to do.
"We want nothing to do with alcohol," Chevron Manager Dave Smaby said. "We want to keep drinking drivers off the road as much as the next guy."
Chevron asked for permission to rebuild the front of the station at 275 Los Gatos-Saratoga Road, replacing one of two roll-up garage doors with a plate-glass storefront and doubling the size of the snack shop to about 310 square feet. That's the most the shop could expand with the number of parking spaces it has.
Members of the Planning Commission turned down the application, saying they didn't want to make the station a convenience market, eligible to sell alcohol, but they didn't want to stop gas stations from selling snacks, either. The commission granted a permit for the station to continue operating 24 hours a day.
Commissioners asked the Town Council to add a new business classification to the books: snack shop. They said they hoped the definition would allow stations to sell food without turning into convenience markets and selling alcohol. But Town Attorney Larry Anderson stated in a June 12 memo that California law may prevent Los Gatos from regulating alcohol sales at "snack shops."
A law, adopted in 1987, forbids towns from regulating alcohol sales at gas stations. Los Gatos' ordinance banning beer and wine at gas stations is intact because it predates the state law. But the town couldn't make any new regulations on alcohol in the course of defining a snack shop.
A larger selection of food could arguably change the business from a gas station to a convenience market, according to Town Attorney Larry Anderson.
The town currently stops alcohol sales at gas stations by prohibiting convenience markets on the same property as the stations. The Town Code defines a convenience market as any business that sells food, beverages and convenience items for consumption off the premises.
Gas stations are allowed to sell small amounts of snacks without becoming a convenience market, town officials said, because snacks and soda are traditional gas station products.
Chevron just wants to use some of its empty space.
Facing increased competition from specialty oil change and tune-up shops and car dealerships, Chevron concluded that it won't be able to operate service bays profitably any longer, explained Chevron facilities engineer Rich Miller. The company decided to close down the service bays at all its stations. The Los Gatos-Saratoga Road station's garage holds soft drinks and oil now.
When Smaby took over the store in August, he suggested increasing the snack-shop area to make up for the lost engine-repair dollars. Miller said, based on Chevron's market research, the expansion is a good idea. Chevron's customers like to buy snack foods--things they usually devour in less than 15 minutes.
"How many times do you want your car fixed as opposed to how many times do you want a cup of coffee?" Miller asked.
With a larger snack shop, Chevron could install freezers for ice cream and ice and shelves for a larger selection of snacks.
This article appeared in the Los Gatos Weekly-Times, July 17, 1996.
©1996 Metro Publishing, Inc. All rights reserved