From The Stockton Record’s RecordNet.com
By Michael Fitzgerald, Record Staff Writer
Posted November 4, 2014
Two-pronged rules adopted for old, new venues
STOCKTON — After two years of controversy, the San Joaquin County Board of Supervisors on Tuesday approved new rules to guide the county’s rapidly growing wine tourism industry into its future.
Supervisors voted 5-0 to create two sets of rules for wineries that hold events: the old rules for 32 established wineries and stricter rules for newer wineries, as well as future start-ups.
“The question then is, what do you want your wineries to be able to do?” asked Kerry Sullivan, the county’s community development director.
Supervisors answered with regulations that put farming first on land zoned for agriculture — in this case, wine grape growing and wine-making — while restricting wineries to a limited number events such as weddings and concerts.
“I think it’s important that we create a sense of accountability, a sense of order,” said Supervisor Steve Bestolarides.
The idea is to forestall the spread of event centers posing as wineries while encouraging wineries that host events. Smaller wineries lacking distribution deals rely on events to sell wine.
“There’s a direct correlation of how many people come to your winery and how much you sell,” Mike Shinn, a Lodi winemaker, told the board.
The supervisors took on the contentious issue after a number of events at a half dozen wineries generated complaints from neighbors about noise. Farmers, too, griped that their practices were being hampered.
While the ordinance reigned in events, it carved out liberal exceptions. In addition to six outdoor events with amplified music a year, wineries may have any number of “accessory events” such as wine club meetings.
They also may have “industry events” held by all wineries simultaneously.
“We certainly don’t want to throw a wet blanket on one of the fastest-growing industries in the county,” said Pat Patrick, president and CEO of the Lodi Chamber.
The two sets of rules is a response to owners of old wineries who complained they invested heavily based on certain permit operating conditions and the rules should not be changed on them.
Winery attorney Michael Hakeem also warned owners might take legal action.
“A lot of guys put millions of dollars in the ground based on the considerations of their original business plan,” Hakeem said.
Supervisors postponed implementation of the law until the county works out ways to ensure its enforcement. How long creation of the enforcement regime will take is unclear.
The ordinance will come up for review and possible revision one year from its rollout.
The idea is to nourish an important economic sector while staying within zoning laws and Williamson Act contracts which give farmers tax breaks in exchange for keeping land in agriculture.
Said Supervisor Larry Ruhstaller: “What we can do here is make it as easy as possible to get into the wine business.”
Contact Record columnist Michael Fitzgerald at (209) 546-8270 or michaelf@recordnet.com. Follow him at recordnet.com/fitzgeraldglog and on Twitter @Stocktonopolis.
