1991-09-09 Regular Meeting - Laserfiche WebLink

Browse Search

• • Subject: (1) Report on complaints received regarding on premise consumption of alcohol at Lomax Grocery. And (2) discuss policy direction for pending on premises application for grocery store/gas station. (1) The City Secretary's office reviewed their files and contacted the local A.B.C. office and found the following: A.B.C. permit was originally issued on 10/27/82 and expires on 10/27/91. • The current A.B.C. permit is for Wine and Beer Retailer's Permit (on premise). • City files show that Lomax Grocery Store has paid the City's annual license fee since 1987 (Note: records prior to 1987 are kept separately and would require additional time to research.) The City's permit expired on August 1991, however, the applicants renewal of this permit can be accomplished by payment of a license fee to the City. • Preliminary discussions with Knox Askins, City Attorney, indicate that the expiration of the City's permit would not by itself be sufficient cause for the City to refuse and/or alter the permit conditions. In essence, the business may have been an established pre-existing, non-conforming use, in the City of Lomax prior to consolidation. Knox will, however, research this further as well as review the recently passed 2S.B. 3 to see what regulatory authority/powers are available to municipalities. When completed his findings will be passed on to Council. (2) Discuss policy direction for future applications by businesses for Wine and Beer Retailer's (on premise) Permits and Beer Retailer's (on premise) Permit. The City has received a request from Port Auto Truck Stop for Wine and Beer Retailer's (on premise) Permit. The request is marked "original" on the A.B.C. application forms. Therefore, the City should be able to exercise its full range of ordinances relating to licensing of a facility. Currently the City has the following regulations regarding licensing of businesses to manufacture, sell, or distribute alcoholic beverages: Code of Ordinances Chapter 3 Section 3-2 "It shall be unlawful for any dealer whose principal business is the sale of beer or any liquor dealer to sell or deliver beer or intoxicating liquor within the city limits where the place of business of any such dealer is within three hundred (300) feet of any church, school or other educational institution..."