The San Jose City Council voted 8-1 at its Oct. 4 meeting to repeal a 1985 ordinance that banned stations from selling food and alcohol. Under the new law a gas station can also elect to just sell food or food and alcohol.

Permit approval, however, is contingent on gas stations meeting certain criteria. These criteria included stations not being in a high-crime area; four stations not located within a 1,000-foot radius of each other; and no gas station within 500 feet of a school, park or daycare center. The council also stipulated that alcohol is not the primary sales item.

Although the council removed the ban on alcohol sales and imposed specific parameters, San Jose police chief Rob Davis opposed the change. Representatives from Strong Neighborhood Initiative communities and local activists were also against the changes. Many city pockets have an overabundance of places selling alcohol, local community leaders said, and the city has a difficult time enforcing existing laws.

Willow Glen Neighborhood Association president Ed Rast spoke before the council on behalf of the United Neighborhoods of Santa Clara County.

Rast said there are 26 liquor stores within a one-mile radius of the corner of Willow Street and Bird Avenue. Eight gas stations also are located within that area.

However, Rast said he was pleased to see the neighborhood may be saved from additional off-site liquor stores because of the city's proposal to deny the sale of liquor at gas stations within a Strong Neighborhood Initiative (SNI) area, near parks and residences. Northern Willow Glen includes the Greater Gardner SNI area.

"The compromise the city has worked out is very good," Rast said after the meeting.

But he said the city will need more code enforcement staff to deal with the problems more liquor stores may bring.

Proponents of lifting the ban saw a more positive outcome.

Six gas station owners argued in favor of the ban's end to enhance profitability. And three oil company representatives added that the issue is not about selling alcohol but to allow station owners to improve their facilities with a mini-mart so they can supplement their gas sales.

"Food marts would allow us to stay competitive with neighboring communities," station owner Bill Feulner said.

The city council requested that the staffers provide additional guidelines on strengthening the ordinance at the next meeting on Nov. 15.

Specifically, council members want to review regulations that limit the sale of fortified wines, liquor and beer in single bottles. The council also wants additional guidance on how establishments carrying alcohol should operate. These standards could include specific lighting provisions and hours of operation.