CITY COMMISSION AGENDA ITEM

vertical_CityOfLawrence-7

 

Department:

City Clerk’s Office

Commission Meeting Date:  September 5, 2017

Staff Contact:

Sherri Riedemann, City Clerk

Recommendations/Options/Action Requested:

 

Conduct a public hearing and find that the proximity of the sale of alcohol by Culinaria Food and Wine at 512 E. 9th Street, Suite A, is not averse to the public welfare or safety; and grant a distance limitation waiver, if appropriate.

 

Executive Summary:

Culinaria Food and Wine holds a Caterer License which allows them to sell and serve alcoholic liquor on unlicensed premises including their principle place of business at 512 E. 9th St. This location is within 400’ of St. Luke Chapel AME, a church, located at 900 New York Street and New York Elementary School, a school, located at 936 New York Street. City Code prohibits the sale of alcohol within 400’ of a school or church. Because Culinaria regularly sponsors catered events at this location, staff recommended they seek a distance limitation waiver for the premises rather than for each event they hold. To grant a distance limitation waiver the following steps must be taken:

 

·         The affected churches or schools are given notice of a public hearing to consider a distance limitation waiver;

  • A public hearing is held before the City Commission;
  • The City Commission finds that the proximity of the sale of alcohol is not adverse 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).

 

A request was submitted and City staff notified St. Luke Chapel AME and Unified School District #497 that there will be a public hearing on September 5th regarding issuance of the proposed distance limitation waiver.

 

Subsequently, a study session on alcoholic liquor was requested by the mayor and scheduled for September 12th. Because the study session was scheduled after the public hearing for the distance limitation waiver, and notice was given, staff recommends proceeding with the hearing pursuant to our current policies.

 

Strategic Plan Critical Success Factor

N/A

Fiscal Impact (Amount/Source):

N/A

Attachments:

Request

Notice to Church and Schools

 

 

 

 

Reviewed By:

(for CMO use only)

☐TM

☐DS

☒CT

☐BM