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October 27, 2015 — Meeting Minutes
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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.
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. The Architectural Review Board considered the design and materials associated with the proposed signage at their meeting of October 5, 2015 and voted to approve. The staff recommends conducting a public hearing and approving the resolution. Ben Behrens, Warren Sign Company, addressed the Board stating that this is a unique sign made of copper and will replace the larger signage. Patty DeForrest commented that the swimmers at the Shaw Park Pool watch the sign to time their swimming. Mayor Sanger closed the public hearing. Alderman Garnholz moved to approve Resolution No. 15-17, a Conditional Use Permit for a public interest sign located at 8020 Forsyth Boulevard (Barry-Wehmiller). Alderman Winings seconded. The motion passed unanimously on a voice vote. In response to Mayor Sanger’s question, Mr. 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.
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
Mr. Nicholson explained that their customers are frequently requesting to drink beer while shopping. They currently provide a .5 ounce sample size beer by the drink and would like to sell an 11 ounce drink and provide guided “flights” for a fee with estimated groups of 10-12 people. Jason Mane stated that the Wine Merchant currently provides complimentary samplings, but they would also like to offer tastings and samples by the ounce. If the ordinance is approved they would like to offer tastings by the glass for a fee which they can also include some of their more expensive wines in order to provide an opportunity to create a different more exclusive market. In response to Mayor Sanger’s question, Mr. Mane stated that for their tastings they have approximately 130- 210 people on Saturdays and 300-400 people around the holidays. With regard to age demographics, Mr. Mane stated that the customer ages vary, 21 years of age and up. With regard to other retailers on the trend, Mr. Mane stated that there are surrounding retailers that are currently providing drinks by the glass, i.e. Lucky’s Market in Rock Hill, Dierberg’s, Total Wine, Lucas Liquors, and Field’s Foods. With regard to competition with “brick and mortar” restaurants that are required to have 50% food sales, Mr. Mane stated that the feels it would boost sales at the area restaurants. In response to Alderman Lintz’s question, both Mr. Nicholson and Mr. Mane stated that they have no plans to make changes to their buildings’ floor plans to accommodate the tastings. Mr.
Mane stated that they have no plans to make changes to their buildings’ floor plans to accommodate the tastings. Mr. Mane added that they will be providing wine classes four days a week that includes complimentary pours. In response to Alderman Berger’s question with regard to these businesses conducting tastings outdoors, City Manager Owens stated that businesses would still be required to apply (and qualify) for an outdoor permit. In response to Mayor Sanger’s and Alderman Berkowitz’s question, City Manager Owens clarified that the ordinance regulates businesses that sell (75%) of packaged liquor. Restaurants are required to have 50% food sales. Mayor Sanger closed the public hearing. Alderman Garnholz introduced Bill No. 6527, an ordinance revising Title IV (Land Use), Chapter 405 (Zoning Regulations) of the Municipal Code of the City of Clayton, Missouri, Section 405.390