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HomeMy WebLinkAbout02-09-2010 Regular MeetingPublic Meeting Notice OPEN FORUM ON ALCOHOL SALES HOURS OF OPERATION ORDINANCE Date & Time: Tuesday, February 9, 2010 at 6:00 pm. Place: Fairhope City Council Chambers 161 North Section Street All citizens of Fairhope are invited to participate. Notice must be stamped, dated and initialed before posted on bulletin board. POSED I -Ji & -10 SIGNATURE STATE OF ALABAMA )( COUNTY OF BALDWIN )( An Open Forum on the Alcohol Sales Hours of Operation Ordinance was held at 6 :00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Tuesday, February 9, 2010. Present were: Councilmembers: Rick Kingrea, Lonnie Mixon and Debbie Quinn, City Administrator Gregg Mims , Chief of Police Bill Press and Assistant City Clerk Candace G . Antinarella. Councilmember Rick Kingrea was the moderator and called the meeting to order at 6 :00 p .m. He announced this Open Forum would be an open discussion and the Chief of Police was present to maintain order. Mr. Kingrea referenced Article I, Section 4-2 Hours of sale regulated; penalty, which he read aloud. He stated that we need to look at the state law and other municipalities. Mr. Kingrea stated the State of Alabama's law is a 24/7 law. Foley has adopted a 2:00 a.m. closing time on all days. Mr. Kingrea stated he wants input from citizens to reach a compromise , what is best for the city , and to reach a consensus on the city council on what we (the City) can do . The floor was opened for discussion. Mark Polon, 464 Equality A venue, Fairhope , Alabama, spoke that he has researched and sought information on how many establishments in town are open after midnight. From his research he found that two out of twenty-five establishments , Fly Creek and My Place, are serving liquor and are open after midnight. Mr. Polon read the followin g statement: * * * Open Forum Tuesday, 9 February 2010 Page j 2 To the City of Fairhope I purchased my home at 464 Equality Avenue, zoned res idential, near the junction of Bancroft and Equality, in November of 2004 under the protection of Ci ty ordinances related to noise and A l cohol service near a residential zone . When I moved in, the corner of Equality and Bancroft consisted of a building housing artist's lofts, two vacant buildings and a vacant lot. In May of 2006, the City granted a liquor license to McSharry's and allowed them to operate in d i rect violation of City Ordinance 4 -2 . The impact of this on me was minimal as McSharry's was small and th ei r primary venue was Indoor entertainment. In January of 2009, My Place was granted a liquor license and was a l lowed to operate in direct violation of City Ordinance 4 -2 In the space McSharry's le ft when they moved to the northwest corner and increased t heir outdoor and indoor space . Now there were two bars on the corner. Noise and vandalism and discarded bottles of beer became the norm for my residence as the corner of Equality became a bar district with outdoor music and loud customers mostly between the hours of 11 PM and 2:30 AM every weekend . I then searched the City Ordinances to see what specific protection I might have, and found a number of good noise ordinances and the alcohol ordinance 4-2 that would provide me some reasonable protection . However, the City's response to my requests was not to enforce the existing regulations, but to reconsider them. During the reconsideration period, now more than a year from my original requests, the City chose to allow the bars to operate as they always had, in direct violation of the existing ordinances . I am mightily concerned that I live In a City that does not actually have laws, although It does have a written document in the form of City Ord inances that a private resident cannot count on to protect their rights. Ronan McSharry of McSharry's Pub stated that McSharry 's closes at 2:00 a.m . six nights a week and has no problems . He stated that he wants this to be the law, closing at 2:00 a .m.; and his establishment is 215 feet away and says it is tidy. He also stated that if he has to close two hours earlier on Friday and Saturday nights, he would lose revenue. Mr. McSharry is in favor of the 2:00 a.m. law. Mark Polon stated that this ordinance will not affect McSharry 's. Mr. Polon stated that there are no problems other than during the hours of 11 :00 p.m. and 2:30 a.m. on Friday and Saturday nights when "it gets out of hand ." He said these are the hours when it is "rowdy" and there is "vandalism." He questioned if anyone has seen the streets during these times. Debbie Quinn spoke up that she has looked at other bars and that there can be residences next to bars , such as above The Pub . Ms. Quinn also told Mr. Polon that his property was rezoned to residential to obtain parking. Mark Polon stated that he "thought he had rights." Paulette Fedor, Cliff Drive , Fairhope, Alabama stated that the noise ordinance comments apply to this issue. She stated that she lives "a lot farther" than 15 feet away. She posed the question of do we want our quiet town to be known as the "after hours Open Forum Tuesday, 9 February 2010 Page 13 town?" She also stated that with all of the investments and nice homes and now we allow noise and alcohol. Ms. Fedor said we need to protect the values of this town. She asked why the police are not enforcing noise and littering. She also stated that it is a courtesy not to put these establishments in small quiet towns. Chief Press responded to Ms. Fedor that the police do enforce the laws and the noise laws are enforced Gregg Mims said that Mr. Polon came to the city regarding cars parking on the curb and the city put up no parking signs. Mr. Mims asked Mr. Polon with the efforts made to regulate the issues , are the problems better, the same or worse. Mr. Polon replied with the exception of parking, a lot of people cut behind the building going home and there are still drunks in the street. Mr. Polon stated that McSharry's is better since their outdoor area is now more enclosed . He stated that My Place is not as good ; they have not fulfilled what they said they would do, as far as covering their outside area. Mr. Kingrea stated that the five individuals will look at this issue and will come to an understanding and a resolution, although they cannot make everyone happy . He asked if anyone else would like to speak. No one came forward. The Open Forum was adjourned at 6:21 p.m. Ri~\:: Moderator ~ tlJ!/)n&hlJ/4t&U Candace G. Antinarella, Assistant City Clerk To the City of Fairhope I purchased my home at 464 Equality Avenue , zoned residential, near the junction of Bancroft and Equality, in November of 2004 under the protection of City ordinances related to noise and Alcohol service near a residential zone . When I moved in, the corner of Equality and Bancroft consisted of a building housing artist's lofts, two vacant buildings and a vacant lot. In May of 2006, the City granted a liquor license to McSharry's and allowed them to operate in direct violation of City Ordinance 4-2. The impact of this on me was minimal as McSharry's was small and their primary venue was indoor entertainment. In January of 2009 , My Place was granted a liquor license and was allowed to operate in direct violation of City Ordinance 4-2 in the space McSharry's left when they moved to the northwest corner and in creased their outdoor and indoor space . Now there were two bars on the corner. Noise and vandalism and discarded bottles of beer became the norm for my residen ce as the corner of Equality became a bar district with outdoor music and loud customers mostly between the hours of 11 PM and 2:30 AM every weekend . I then searched the City Ordinances to see what specific protection I might have , and found a number of good noise ordinances and the alcohol ordinance 4-2 that would provide me some reasonable protection . However, the City's response to my requests was not to enforce the existing regulations , but to reconsider them . During the reconsideration period , now more than a year from my original requests , the City chose to allow the bars to operate as they always had , in direct violation of the existing ordinances. I am mightily concerned that I live in a City that does not actually have laws , although it does have a written document in the form of City Ordinances that a private resident cannot count on to protect their rights . Mark Polon 464 Equality Avenue Fairhope, AL 941.544 .4875 mark .polon@riisnet.com I ARTICLE I. IN GENE RA L P age 1 of 3 ARTICLE I. IN GENERAL Sec. 4-1. How chapter known and d es ignated. Th is chapter shall be known and designated and it shall be sufficient to refer to the same as the Fa irhope Alcoholic Beverage Control Ordinance . (Code 1962 , § 3-1 ) Sec. 4-2. Hours of sale regulate d ; pe na lty. (a) It shall be unlawful for any person ho lding a license issued by the state alcoholic beverage control board or a license issued by the city for the purpose of selling alcoholic beverages , excluding private clubs , to exchange , barter, give or sell any alcoholic beverages to the general pub li c during the closing hours established by Alabama State Law , Code of 1975 , as amended ; except those licensees located within two hundred (200) feet of a residentially-zoned area , whose closing hours shall be between the hour of midnight and 6 :00 a .m . of the following day on week days , and between midnight Saturday and 6 :00 a .m. Monday following . (b) Upon conviction of violating this section , in addition to the penalty prescri bed in section 1-8 , any license issued by the city shal l be revoked instanter. (c) Those licensees located within t he above-described two hundred (200) foot zone may obta in permission to operate under Alabama State Law by requesting said permission from the governing body of the city and presenting , for that body's deliberation , s igned statements or a pet it ion from the affected surrounding residents indicating there is no object ion to the said hours of operation established by state law. (Code 1962 , § 3-2 ; Ord . No . 721 , § 1, 6-27-83 ; Ord . No . 7 34 , § 1, 12-28-83) Sec. 4-3. Purchasing or possess ing by , or sa le to, mi nors. It shall be unlawful: (1) Purchasing . For any minor , directly or indirectly , to purchase any malt or brewed beverages , w ine or liquor, or any alcohol ic or intoxicating beverage , or to attempt to purchase any of said beverages . (2) Possessing or consuming . For any minor to possess or consume any beer, wine o r liquor , or any alcoholic or intoxicating beverages in any public place , or in any business establishment or club . (3) Sale . For any perso n to se ll , furnish , give to , or purchase for any minor person any beer , wine or liquor , or any a lcoholic or intoxicating beverages , or to attempt to sell , furnish , give to , or purchase for any minor any of said beverages . (4) Misreprese n ting age by minor. Fo r any minor , directly o r indirectly , to falsely represent that such minor is not a minor or is not under nineteen (19) years of age , and by means of such false representation to buy , receive , or otherwise obtain , or attempt to buy , receive , or otherwise obtain any beer , w ine or liquor , or any alcoholic or intoxicating beverages . (5) Misrepresenting age by another person. For any person , directly or indirectly , to http ://library7.m u nicode.com/default-test/D oc V iew/10754/1113 /14 2/9/2 010 ARTI CLE I. IN GENERAL P age 2 of 3 falsely represent or attempt to falsely represent that a minor is not a minor or is not under nineteen (19) years of age , and by means of such false representation aid or abet , or attempt to aid or abet , such minor to buy , receive or otherwise obtain , or aid or abet such minor to buy , receive , or otherwise obtain , any beer, wine or liquor , or any alcoholic or intoxicating beverages . (6) Definitions . The definitions of beer , wine , liquor, or alcoholic or intoxicating beverages , shall be the same as they are defined in Title 28 , Code of Alabama , 1975 , as amended . (7) Failure to disclose age . It shall be considered a false representation that a person is not a minor or is not under nineteen (19) years of age , when the purchaser fails to disclose that the person making the purchase , obtaining , or securing such beer, or such wines or liquors , or such a lcoholic or intoxicating beverages , is a minor or has not reached the age of nineteen (19) years . (Code 1962 , § 3-3) Cross references: See§§ 4-31 , 4-53 as to sale to intoxicated persons , etc. State law references: Sale to school children ,§ 16-1-10 . Sec. 4-4. Hearing on application for license--Request. All persons making application for liquor, wine or beer licenses shall request the city council to set down for hearing the application not more than thirty (30) days after the date of the next regular council meeting subsequent to the receipt of such application . (Ord . No . 628 , § 1, 12-26-78 ; Ord . No . 656 , § 8 , 10-13-80) Sec. 4-5. Same--Publishing notice; form. Applicants for a lounge liquor license or a club liquor license shall publish notice of the filing of the application , and of the date and time set for the hearing thereof, once a week for two (2) consecutive weeks in a newspaper of general circulation published in the city nearest the location of the site for which license application is made . The notice shall be published at no cost to the city and applicant shall present proof of publication to the city council at the time set for the hearing of same . Said not ice to be published by the applicant shall be i n the following form : "NOTICE OF PENDING APPLICATION FOR APPROVAL OF ISSUANCE OF AN ALCOHOLIC LICENSE FOR THE CITY OF FAIRHOPE , ALABAMA" Notice is hereby given that ____ doing business as ____ located at ____ has made an applicat ion for the City of Fairhope City Council to approve the issuance of a ____ License by the Alabama Alcoholic Beverage Control Board and that the ____ day of ____ , 19 ____ , at 7 :00 p .m . has been set for the hearing thereof at the Fairhope C ity Council meeting . Any interested persons may appear at said time and place and be heard for or against the granting of such approval. (Ord . No . 656 , § 9 , 10-13-80) Sec. 4-6. Operating without license. Any person not buying an appropriate license prior to the commencement of business , shall be guilty of a misdemeanor and , if found guilty by a court of competent jurisdiction , shall be fined not less than fifty dollars ($50.00), nor more than the limit established in section 1-8 , and each day that said http ://library?.municode.com/default-test/Doc View/I 0754 /1/13 /14 2/9/2 010 A RTI CLE I. IN GENERAL license has not been purchased sha ll be a separate offense . (Ord . No . 656 , § 10 , 10-13-80) Sec. 4-7. Licenses nontransferable; separate licenses ; display of license. P age 3 of 3 Licenses shall be nontransferable ; and each place of business shall require a separate license. License is to be posted in a conspicuous place at or in the place for which the same was issued . (Ord . No . 656 , § 12 , 10-13-80) Sec . 4-8. Reapplication after denial of license. Reapplication may not be made sooner than s ix (6) months from the date of any prev ious appl icat ion for which approval was denied . (Ord . No . 656 , § 13 , 10-13-80) Sec. 4-9. License fees imposed--ln city. There is hereby established annual license fees to be due January first and delinquent January thirty -fi rs t of each year for the licenses as listed in this chapter , with a penalty hereinafter set out for the failure to purchase said licenses from the city . (Ord. No . 6 56 , § 1 , 10-13-80) Sec. 4-10. Same --ln police jurisdiction. Establishments located within the police jurisdiction of the city pay one -ha lf ( 1/2) of the annual license fees hereinabove set ou t. (Ord . No . 656 , § 7 , 10-13-80) Sec. 4 -11 . Same--No reduction, proration or rebate of license fee . No reduction or proration of license fee shall be allowed on account of not commencing bus i ness on the first day of January , nor sha ll any rebate be allowed upon revocation , suspension , or surrende r of such license before the expiration thereof. (Ord . No . 656 , § 11 , 10-13-80) Secs. 4 -1 2 --4 -19 . Reserved . http://library7 .muni co de.com/default-test/D oc View/I 0754/1 /13/14 2/9/20 10 ARTICLE I. IN GENERAL Sec. 4-1. How chapter known and designated. This chapter shall be known and designated and it shall be sufficient to refer to the same as the Fairhope Alcoholic Beverage Control Ordinance. (Code 1962, § 3-1) Sec. 4-2. Hours of sale regulated; penalty. (a) It shall be unlawful for any person holding a license issued by the state alcoholic beverage control board or a license issued by the city for the purpose of selling alcoholic beverages, excluding private clubs, to exchange, barter, give or sell any alcoholic beverages to the general public during the closing hours established by Alabama State Law, Code of 1975, as amended ; except those licensees located within two hundred (200) feet of a residentially-zoned area, whose closing hours shall be between the hour of midnight and 6:00 a.m. of the following day on week days, and between midnight Saturday and 6 :00 a.m. Monday following. (b) Upon conviction of violating this section, in addition to the penalty prescribed in section 1-8, any license issued by the city shall be revoked instanter. ( c) Those licensees located within the above-described two hundred (200) foot zone may obtain permission to operate under Alabama State Law by requesting said permission from the governing body of the city and presenting, for that body's deliberation, signed statements or a petition from the affected surrounding residents indicating there is no objection to the said hours of operation established by state law . (Code 1962, § 3-2; Ord. No. 721, § 1, 6-27-83; Ord. No . 734, § 1, 12-28-83) ORDINANCE NO. 1405 AN ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA, TO PROTECT THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PEOPLE, DECLARING A MORATORIUM ON THE ENFORCEMENT OF THE HOURS OF SALE FOR ALCOHOL WHEREAS the City of Fairhope has adopted an ordinance to regulate the hours of sale for alcohol within the city limits and within the police jurisdiction ; WHEREAS the City Council desires to protect the City against issues related to the hours of sale for alcohol in and around the C ity of Fairhope; and give ample time to study these issues ; WHEREAS the City Counci l has determined that the adoption of the moratorium is appropriate to prevent conditions that may threaten the community 's health , safety, and welfare; WHEREAS placing a moratorium of limited duration and limited scope wou ld be in the public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, DOES ORDAIN AS FOLLOWS: Section 1. Section 2 . Section 3. ATTEST: Moratorium Established. Except as hereinafter set forth , a moratorium is imposed of the enforcement of the hours of sale of alcohol , Section of the Code of Ordinances, City of Fairhope, Alabama by the City of Fairhope within the City 's corporate limits and within the police jurisdiction (the "Moratorium "). Effective Period of Moratorium. The Moratorium shall be effective immediately upon passage and shall continue for a period of 60 (sixty) days , unless terminated sooner by action of the City Council. Severability. Should any section , paragraph , se ntence, clause or phrase of this Ordinance, or its appl ication to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason , or should any portion of this ordinance be pre-empted by state or federal law or regulation , such decision or pre-exemption sha ll not affect the validi ty of the remaining portions of this ordinance or its application to other persons or circumstances . ADOPTED THIS 11TH DAY OF JANUARY, 2010 Timothy M . Kant, Mayor Lisa A . Hanks, City Clerk