75A - PH - ORDINANCE REGULATING ALCOHOL SALE

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Zoning Ordinance Amendment No. 2012-03 July 15, 2013 Page 2 DISCUSSION The Alcohol and Entertainment Ordinance was developed to update and clarify the municipal code related to businesses that sell or serve alcohol. The goal of updating this ordinance has been on maintaining strong protections for neighborhoods or other sensitive uses while providing the business community with clearer rules and a more predicable process. On November 26, 2012, this item was considered by the Planning Commission and although the Commission made no changes to the modifications outlined in the attached staff report (Exhibit A), there was extensive discussion among the Commission members, as well as testimony from the public, expressing concerns over several provisions of the new code. Subsequent to the meeting, staff has had the opportunity to meet with the individuals and organizations who expressed an interest in better understanding the proposed amendment, or who wished to have changes made. This, in turn, prompted further research in order to provide the City Council the rationale behind the code provisions that were the cause of concern, and/or to provide alternatives that the Council may consider in the adoption of the ordinance. The attached draft ordinance reflects the changes that resulted from the continued involvement of the public. Key Areas of Concern The following provides a brief summary of the recommended solutions to the seven key areas of concern identified by the Planning Commission and the public: Ministerial vs. Discretionary Entertainment Permit - Some members of the public and the Planning Commission expressed concern that an Entertainment Permit issued ministerially would give too much discretion to the Police Department and that the process contained in the ordinance was too vague. In order to address this concern, the following changes have been made to the draft ordinance: • The ambiguous language regarding eligibility for the Entertainment Permit was removed. • The issuing authority was changed to the City Manager's Office. • A clear list of criteria was established to ensure that applicants know everything up front. • Language was added to clarify that, as a ministerial permit, it must be issued if all of the criteria are met. • A multi-step revocation procedure was added to ensure due process in the event that the business operator violates any of the conditions of approval. 2. Concert Venues - Owners of concert venues stated that the Entertainment Permit was not the appropriate tool to regulate businesses whose primary use is entertainment. 75A-2