North Oakland and South Berkeley already have an overconcentration of liquor outlets with a total of 18. Many of these existing liquor outlets have been problematic with reports of increased crime, loitering, graffitti, and public drunkeness. Contrary to the Oakland Planning Code that governs Alcohol Beverage Sales and is geared towards preventing an over-concentration of such outlets, Nic Nak Liquors would be located within 1,000 feet of another liquor store. Despite having its Deemed Approved Status as a legal nonconforming use lapse for five years, the Planning Commission approved Nic Nak's request to reopen. In doing so, the Planning Commissioner's, led by Doug Boxer, Senator Barbara Boxer's son, failed to carry out the stated purpose of the Oakland Planning Code, which is to eliminate and/or ameliorate nonconforming uses such as Nic Nak Liquors. Boxer, like other Commissioners who voted to approve the Nic Nak's application, could not seem to rationalize his support other than to indicate it was very emotional.Word on the street is that the North Oakland Community is fed up with the Planning Commission's legally suspect decision to approve Nic Nak Liquors and has appealed it to the City Council. Members of the community have banded together raise the almost $1,200 filing fee. Nic Nak Liquors will not be able to sell liquor until the matter is resolved by the City Council. Should the City Council uphold the appeal, the Pannell's only recourse would be to sue the City.
