Alderman Winings seconded. The motion passed unanimously on a voice vote. PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR A PUBLIC INTEREST SIGN LOCATED AT 8020 FORSYTH BOULEVARD (BARRY-WEHMILLER)

Mayor Sanger opened the public hearing and requested proof of publication.

10-27-15 BOA Minutes October 27, 2015 Page 3 of 8

City Manager Owens reported that this is a public hearing and subsequent resolution for a conditional use permit for the proposed replacement of an existing public interest sign at the subject location. The property is at the southeast corner of Forsyth Boulevard and Brentwood Boulevard, and has a zoning designation of High Density Commercial (HDC). An existing 10.6-square-foot, double-sided, time and temperature sign is located on the Brentwood Boulevard building façade that is integrated with a 5.4-square foot, double sided, perpendicular wall sign for Barry-Wehmiller. The signage projects +/- 4 feet beyond the face of the building. The applicant proposes to remove and replace the existing time and temperature sign with a new 6-square-foot, double-sided time and temperature sign. Section 425.150 of the City’s Sign Regulations require a Conditional Use Permit for the installation of a public interest sign, which is defined as a sign containing information of interest to the general public such as weather and time information. Neither the City nor the applicant has a record of an approved CUP for the existing public interest sign. Because this is a modification of an existing sign, a new CUP is required. The proposed sign is smaller than the existing sign and will display the same information. The Plan Commission considered this request at their October 5, 2015 meeting and voted to recommend approval of the Conditional Use Permit to the Board of Aldermen.

Behrens stated that the sign will be replaced within six weeks. PUBLIC HEARING AND AN ORDINANCE TO CONSIDER AN AMENDMENT TO CHAPTER 405: ZONING REGULATIONS TO PERMIT THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK AS AN ACCESSORY USE

Mayor Sanger opened the public hearing and requested proof of publication. City Manager Owens reported that this is a public hearing to solicit input regarding a proposed amendment to Chapter 405 (Zoning Regulations), Section 405.390 (Definitions), and the adoption of Section 405.340, to permit the sale of alcoholic beverages by the drink for consumption on the premises as an accessory use to the operation of grocery and package liquor stores. Package liquor stores, which require liquor license(s), are permitted conditional uses in all commercial zoning districts. The current definition of package liquor store states that the store may offer complimentary tastings but otherwise alcohol consumption on the premises is prohibited. The modification of the definition will remove the prohibition for consumption on premises. Recently, staff has been made aware that some existing package liquor and grocery stores have been selling alcohol by the drink for consumption on their premises, which violates the current code definition of package liquor store; but complies with the liquor licensing code. The Land Use Code does not address alcohol sales by the drink and consumption on premises with respect to grocery stores. After careful consideration, staff

10-27-15 BOA Minutes October 27, 2015 Page 4 of 8

proposes text amendments to revise the definition of package liquor store and to add a new Section (405.340) to allow alcohol service as an accessory use to package liquor stores and grocery stores. The proposed text amendments will allow the sale of intoxicating liquor by the drink for consumption on the premises of package liquor and grocery stores, a practice that is presently occurring in several establishments. Staff does not anticipate negative impacts associated with the proposed text amendments, given the limited conditions under which alcohol sales as an accessory use may be approved and the compliance requirements pursuant to Chapter 600: Alcoholic Beverages. Because package liquor and grocery stores require a Conditional Use Permit, staff, the Plan Commission, and the Board of Aldermen will be also given the opportunity to review the specific facts associated with each individual application in order to determine the appropriate conditions to place on the use to mitigate potential negative impacts. The Plan Commission considered this request at their October 5, 2015 meeting and voted to recommend approval of the text changes to the Board of Aldermen. Recommendation is to approve the ordinance. Brandon Nicholson and Ryan N, owner/operators for Craft Beer Cellar, and Jason Mane, owner/operator for the Wine Merchant addressed the Board. Mr. Nicholson explained that their customers are frequently requesting to drink beer while shopping.