Memorandum

City of Lawrence

Legal Services Department

TO:	David Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
CC:	Debbie Van Saun, Assistant City Manager Frank Reeb, Administrative Services Director Scott McCullough, Director of Planning and Development Services.
Date:	August 8, 2007
RE:	Special Use Permits for Licensed Premises

At the March 13, 2007 City Commission meeting staff presented a request to explore requiring special use permits for establishments that sell or allow the consumption of cereal malt beverages or alcoholic liquor on their premises. Staff has prepared draft ordinances for City Commission consideration that would amend the Development Code and Section 4-206 of the Code of the City of Lawrence to require special use permits for all licensed premises. In general, the city has special use permit authority pursuant to K.S.A. 12-755(a) (5) and Section 20-1306 of the Development Code. Special use permits are granted for uses allowed in zoning districts where the use conforms to conditions and standards designed to protect the interests of adjoining property owners and the public.

As proposed, a Special Use Permit would be required for all Licensed Premises in the City, excluding off premises cereal malt beverage licensees and retail liquor licensees. In addition to the special use review and decision making criteria of section 20-1306, proposed code section 20-541 would also add Development and Performance standards specifically for Licensed Premises. The additional standards include:

Occupancy determinations.
Hours of operation.
Impact on surrounding Neighborhoods.
Overcrowding of land or undue increase in population.
Security and crowd control.
Exterior fencing requirements, if applicable.
3 year special use permit period for first time applicants.

5 year special use permit period for renewals.

20 year period for hotels/motels or similar structures.

A Licensed Premises would still be required to receive a City License through Chapter IV, Beverages, and a State License.

The proposed ordinance does not recognize non-conforming uses or grant automatic special use status. The City currently has 120 businesses with drinking establishment or private club licenses and 16 businesses with on premise cereal malt beverage licenses that would qualify as licensed premises and would be required to obtain a special use permit .

Staff is asking the City Commission to receive the report and draft ordinance and direct staff to amend the Development Code and other City Codes, as appropriate.