ORDINANCE NO. 230215


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Sponsor: Councilmember Andrea Bough

Amending Chapter 10, Code of Ordinances, by repealing Section 10-106, Extended hours permits, and enacting in lieu thereof a new section of like number and subject matter that redefines the eligible neighbors who are notified and allowed to respond to a sales-by-drink licensee's application for an extended hours permit.

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WHEREAS, Section 10-214 requires the City to notify eligible neighbors of various matters concerning licenses for alcoholic beverages, including extended hours permits, and to allow such eligible neighbors to submit a response indicating whether they support or oppose such license or permit; and

WHEREAS, the City reviews responses from eligible neighbors, in accordance with Section 10-214, to determine whether the proposed license or permit cannot be issued because it is likely to interfere with or be detrimental to the rights or interests of the neighboring community; and

WHEREAS, Section 10-106(d) currently states that, for applications for 3:00 a.m. extended hours permits, any property owner is considered to be an eligible neighbor if they are within 1500 feet of the proposed premises; and

WHEREAS, the City's Regulated Industries Division has found that property owners farther away from the site of a proposed extended hours permit express fewer and less serious concerns compared to those property owners in closer proximity to the restaurant or bar seeking such permit; and

WHEREAS, City previously defined eligible neighbors for an extended hours permit at a minimum of 30 eligible voters within 500 feet of the proposed permit site, and increased the radius by segments of 100 feet not to exceed 1,500 feet until a minimum of 30 eligible voters were found; and

WHEREAS, City's Regulated Industries Division believes that a return to the previous definition of eligible neighbors for extended hours permits wou...

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