Gina Gallo, granddaughter of Julio Gallo, is working her way through a tedious county process after her business, the Dry Creek General Store, lost its liquor license in January of 2017. The store’s colorful history included bootlegging during prohibition, but now the old bar stands empty.
Dry Creek General Store lost its liquor license when customers bought alcohol and carried the open containers off the premises. As the owners made their way through the Alcoholic Beverage Control’s process of regaining the license, paperwork was turned in late. In Sonoma County if you lose your liquor license for more than 45 days you must apply for a use permit. The late paperwork pushed them past the 45 days.
“The Dry Creek General Store has been a local landmark for more than 135 years and an important gathering place for our community,” said Gallo. “Given that it is the only retail store and bar in the region it is a favorite with a broad group, including local workers, boaters, fishermen, bikers, cyclists, neighbors and tourists. I purchased the store with the hopes of continuing its legacy in a community I love.”
“I can promise you this (violation) will not happen again,” said Gallo. “The store’s liquor license is in good standing with the ABC. However, that action triggered an obscure and never-before-used permit review by Sonoma County which has precluded the store from selling beer and wine. We continue to work diligently with the county to obtain the use permit so we can continue to operate the store including resumption of beer and wine sales.”
John Carr, Information Officer for the California Department of Alcoholic Beverage Control confirmed that the store’s liquor license was active, however they must now get county approval before they can resume using the license. That process is being held up by concerns from neighbors about problems, including parking on Dry Creek Road adjacent to the business.
Brady Phenicie lives next door to the general store. “We purchased our house in 1997 and we loved the store and the old owner Susie Durler,” said Phenicie. “We are still friends with her and her family.”
Phenicie said things changed when Durler sold the property. “It really all started when Gina Gallo purchased the Dry Creek Store in 2001,” said Phenicie. “Since that time people have been parking on our property, blocking our driveway, trespassing and drinking outside our children’s rooms.”
“One of the big issues for us is when we drive into our driveway with somebody urinating, throwing up or standing in our driveway smoking,” said Phenicie. “As a man, when I see somebody peeing on my property in view of my family, it kills me.”
Phenicie said he had contacted the CHP repeatedly. Jon Sloat, Public Information Officer for the California Highway Patrol said, “We will enforce no parking zones on any road as long as they are clearly marked. This is the recommendation we gave to Mr. Phenicie to suggest to the county to solve his problem.”
“We have filed with the PRMD (Permit Resource Management Department) for the last 10 years, talked with both heads of the PRMD, gone in front of the Dry Creek board twice, talked with both supervisors and a state senator,” said Phenicie. “Also there’s all the attorney fees we have paid out over the years.”
When asked about Phenicie’s complaints, Gallo said, “We are aware and responding to the concerns that have been raised and we are intent on being a shining example in Sonoma County of how to best serve the needs of our customers while being the best neighbor possible.”
“Not being able to sell beer or wine for more than a year has caused severe financial hardship putting the store’s future in jeopardy while causing a great disruption for its customers,” said Gallo. “This store is not owned by the winery but it is a small business owned by members of my family. It needs to be resolved soon.”
Phenicie says he’s thankful for the county process that is requiring changes to the business practices that have impacted his family and others. “My enjoyment of my property has been in jeopardy for years. The last year has been so nice for our family and safer for everyone in the valley.”
During a hearing before the Dry Creek Advisory Council on July 20, 2017, concerns were raised about the parking along Dry Creek Road, adjacent to the store. Overflow parking was occurring along the roadway in this area when the bar was open and some felt it caused safety issues.
The Dry Creek Advisory Council recommended approval of the store’s use permit, with conditions. The conditions dealt with parking issues. Once the applicant has gone through the design review committee process, it would then move on to the Board of Zoning Adjustment for final considerations.
Eric Dicke sent an email that was read into the record during the July 20 Dry Creek Advisory Council hearing. It said he had, “approached the store asking them to mitigate parking at the intersection of Lambert Bridge Road and Dry Creek. He is unable to make the turn at times from Lambert Bridge onto Dry Creek with his truck and trailer. He felt the store owners don’t seem to care about the inconvenience it is causing local residents.”
Gallo was asked about the concerns being raised about parking problems on Dry Creek Road, adjacent to the property. “When the concerns were raised we immediately looked for ways to mitigate the parking concerns in the county right of way on Dry Creek Road,” said Gallo.
Gallo explained, “We have moved all employee parking away from the general store to a remote parking lot, we have hired a parking attendant to assist customers and we have sought to make the parking traffic flow easier.”
“We continue to work diligently with the county to obtain the use permit so we can resume the historic uses and operations of the store,” said Gallo. “We are waiting for hearing dates and hope to have this issue resolved as soon as possible.”
Maggie Fleming, Communications Manager with Sonoma County said, “The Design Review Committee reviewed the project on November 1, 2017. The applicants are working on some revisions to their application as a result of the Design Review Committee’s (DRC) comments.”
Fleming explained, “I can’t give a specific timeline as we don’t know how long it will take for the applicant to submit the information.” Fleming said that, “after the applicant submits revisions, the project will go back before the DRC.” She confirmed that once it has satisfied all of the revisions for the DRC, it then goes before the Board of Zoning Adjustments.
A bartender at the store helped customers create a petition, urging the county to speed up the process. The county, however, cannot act until the owner addresses the DRC comments and necessary revisions.
Charlee Schanzer has years of experience in local real estate, the wine industry and the Dry Creek Advisory Council. Schanzer believes the situation at the general store requires a California Environmental Quality Act (CEQA) review. Schanzer lives nearby and told the Dry Creek Advisory Council that the parking on Dry Creek Road needed to be addressed.
“Use permit applications require an examination of any potential environmental negative impacts, with certain limited exemptions,” said Schanzer. “The regulation specifically states, ‘the key consideration (to an exemption) is whether or not the project involves negligible or no expansion of an existing use.’”
Schanzer explained: “They were required to file for a new use permit to sell alcoholic beverages. This is a new use with cumulative impacts to traffic and safety. It must be considered within the CEQA framework, exploring traffic impacts and on-street parking issues attendant on the project.”
“The DRC recommended that the project is subject to a traffic study requirement and that no parking should be allowed on Dry Creek Road, because of the obvious safety issues,” said Schanzer. “This appears to support the conclusion that CEQA applies to this application.”
