CITY COMMISSION AGENDA ITEM

Department:	City Manager		Commission Meeting Date:  August 21, 2018
Staff Contact:	Sherri Riedemann, City Clerk
Recommendations/Options/Action Requested:
Adopt on first reading, Ordinance No. 9557, amending Section 4-113 and repealing Section 4-206 of the Code of the City of Lawrence, removing the restriction on location for the sale of alcohol and cereal malt beverage within 400 feet of a school or church.
Executive Summary:		City Code prohibits the issuance of a license or temporary permit for the sale of alcoholic liquor or cereal malt beverage within 400’ of a school or church, unless the following steps are taken: The affected churches or schools are given notice of a public hearing to consider a distance limitation waiver – notice must be provided at least 30 days prior to such hearing; A public hearing is held before the City Commission; The City Commission finds that the proximity of the sale of alcohol is not averse to the public welfare or safety; and The City Commission grants a distance limitation waiver (sections 4-113 and 4-206 of the City Code). In the preceding five years the City Commission held 33 distance limitation waiver hearings. Seven of these hearings were for permanent premises and 26 were for temporary events. In each instance the Commission found that it was not adverse to the public welfare or safety and granted the waiver. Staff found that in the majority of these hearings no public comment was provided. Only one instance was found where the neighboring school or church objected to granting the waiver. In some instances, the neighboring church or school submitted letters stating they had no objection to granting the waiver. Staff has received feedback from previous and current Commissions and members of the public that the restriction on location is anachronistic and the process burdensome. To address these concerns, staff has drafted and recommends adoption of Ordinance No. 9557, which removes the distance restrictions set forth in sections 4-113 and 4-206 of the City Code. With these changes, the city retains control of the approval and the public retains the ability to provide public comment. City Code requires City Commission approval before any license or temporary permit for the sale of alcoholic liquor or cereal malt beverage can be issued. The rules and procedures governing meetings (Resolution 7213) allows for public comment on each item considered by the Governing Body. The restriction prohibiting retail liquor stores within 200’ of any school, college or church is NOT impacted by these changes.
Strategic Plan Critical Success Factor		Effective Governance/Professional Administration
Fiscal Impact (Amount/Source):		There is no fiscal impact to the City.
Attachments:		Ordinance No. 9557

Reviewed By: (for CMO use only)

☐TM ☐DS ☒CT ☐BM