HomeMy WebLinkAboutOB 2 ALCOHOL LICENSES 09-17-84 OLD BUSINESS
NO. 2
September 17, 1984
HONORABLE MRYOR AND CITY COUNCIL
PLANNING COFI4ISSlON
LAND USE REGULATIONS' CONCERNING ALCOHOLIC BEVERAGE LICENSES
SYNOPSIS:
As directed,, this report was prepared summarizing the discussions and nformation
presented during the public workshops conducted by The Commission on July 23 and August-
15, 1984.
Throughout the workshops, a presentation of issues concerning problems associated with
alcoholic beverages expanded beyond the scope of land use regulations. For example,
discussion ranged from law enforcement problems associated with alcoholic use and
sales, to youth alcoholism and to the prghibitton of alcoholic beverages at service
stations.
The following sections will outline the concerns'of Parents' Who Care; The City Staff's
analysis of the problems; and a listing of various alternatives available to the City
in terms of regulating the sale of alcoholic beverages.
DISCUSSION:
PARENTS WHO CARE:
In a transmittal presented to the Commission on July 23, 1984
Parents Who Care outlined their suggestions for amending the City Code. Although their
initial emphasis was on the increasing number of off-sale licenses issued in the City,
the discussion at the workshop indicated that the organization is interested in some
type of control on the issuance of all types of alcoholic beverage licenses. Parents
Who Care are suggesting that the City code be amended to require a Conditional Use
permit for each of the following circumstances:
For every new business which engages in the sale of ~lcoholic beverages;
At such time that there is a change of ownership of an existing business which
sells alcoholic beverages.
At such time that a previously licensed business substantial]y expands the portion
of the business that is related to the sale of alcoholic beverages. Conversion'of
Albertson's to a Liquor Commissary, or the addition of a lounge or bar area to a
restaurant that is licensed to serve alcohol for example.
Report to the City Council
September 17,.1984
Page two
Parents Who Care further suggest that prior to approval of any Conditional Use Permit,
findings should be made that show that consideration has been given to: the ratio of
alcoholic beverage license to population in the City; the concentration of such
licenses in the immediate area of the proposal submitted; and the distance from tmpac't
areas (schools, churches, and parks).
Finally, Parents Who Care would like to have the City Code amended to'prohibit the sale
of alcoholic beverages at any location which also sells gasoline, and also' to prohibit
the sale of alcohol at any "drive-in" type business {i.e., drive-tn.dairy).
STAFF ANALYSIS:
In reviewing the public input received at the workshops, staff made an attempt to
address the concerns of Parents Who Care as they relate to land use matters. This
point is. important in that it is not considered a function of the Planning Commission
to regulate the sale of any specific product, but instead to make decisions relating to
the use of the land. With this in mind, staff.recommended that the Commission consider
-requiring Conditional Use Permits for uses, which by their nature, tend to have a
higher potential for adverse impacts to the community. Coincidentally, these uses in
most instances included the sale of alcoholic beverages (off-sale only). For example,
convenience markets, mini-markets, markets in conjunction with service stations, and
liquor stores. In reviewing these type of uses on a case by case basis, many of the
concerns of the Parents Who Care could be addressed. Further, with this .type of
review, law enforcement, noise, traffic and other related impacts ~ould be considered
and mitigating measures imposed where necessary..
ALTERNATIVE TYPES OF REGULATIONS:
Regulatory options that were discussed at
alcoholic beverages included:
1.
2.
3.
the workshops pertaining to the sale of
Requiring Conditional Use Permits for all businesses selling alcohol.
Requiring Conditional Use Permits for off-sale licenses only.
Requiring Conditional Use Permits for convenience markets, mini-markets and
markets in conjunction with service stations.
· 4. Establishing "free zOnes" around sensitive impact areas such as schools and
churches. Alcoholic beverage licenses would not be allowed in those areas.
5. Prohibiting the sale of alcoholic beverages at businesses which also sell
gasoline.
6. Prohibiting the sale of alcoholic beverages at drive-in or drive-thru businesses.
7. Establishing~ a limit on the number of alcoholic beverage licenses issued in the
City based on a per capita ratio.
Community Development Department
Report to the City Council
September 17, 1984
page three
Requiring conditional use permits is certainly within the purview of the Planning
Commission. Similarly, the establishment of distance requirements beyond the minimum
required by the Department of Alcoholic Beverage Control could be instituted by the
Commission.
However, the City Attorney's office has expressed concern over the legality of
provisions in the City Code that would prohibit the sale of alcohol at any particular
type of business. Also there is a question as to the legality of the City establishing
a limit or quota on the number of licenses issued within the City limits. If, in fact
these type of restrictions are determined to be legal options available to the City, it
is staff's opinion that they not be the included in the Zoning ordinance, but in
another appropriate section of the Municipal code. Accordingly, staff is of the
opinion that such an amendment should not be initiated by the Planning Commission.
RECOI~E#DATIO# OF THE COMMISSION:
The Planning Commission has been presented with several options, that may be instituted
by the City to regulate the issuance of alcoholic beverage licenses. The staff has
recommended that Conditional Use Permits be required for all convenience and
mini-markets, all drive-in or drive-thru markets, and all markets operated in
conjunction with gasoline service stations.
If the Council concurs with staff's recommendation, then the Commission should be
directed to initiate appropriate zoning ordinance amendment procedures. Additionally,
if the Council desires to regulate the non-land use issues raised by Parents Who Care
(i.e., the prohibition of the sale of alcoholic beverages at service stations, or
setting a quota on ABC licenses) the Commission recommends that City staff be directed
to prepare such an ordinance for City Council consideration.
Submitted on behalf of the Planning Commission.
u, A&'~qstant Planner
JD:do
Community Development Department