8.3 Moratorium C-4 Intent CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
8/6/01 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 AGENDA:
CITY ATTORNEY
ITEM
NO. 3 BY: Greg Bengston BY: ~
Item
Request for eonfn-rnafion of the intent of the governing body regarding 90 day moratorium on new clubs, drinking
establishments, and cereal malt beverage retailers (on premises) of the expansion of existing ones in the C4 Central
Business District (the "Moratorium").
Discussion
The licensed drinking establishment known as Happy's located 232 N. Santa Fe has applied for relieensing by
the state of Kansas due to an anticipated change in ownership from Chew's, Inc. dPo/a Happy's to Happy's, Inc. d/b/a
Happy's. The City Clerk's office became aware of this development upon receipt of the standard request from the
Alcohol Beverage Control Division of the Kansas Department of Revenue (ABC) for certification that the Happy's
location is properly zoned for a drinking establishment.
Ordinance Number 01-10047 passed on July 9, 2001, provides, in part:
"Section 4. Implementation. For the purpose if implementing this moratorium relating to the
C4 Central Business District:
(a) City staff shall neither:
(1) Process any application for our issue any new club, drinking establishment, or CMB
retailers (on-premises) license (which prohibition shall not apply to renewals of existing licenses)
unless the applicant can establish that the license is being sought in conjunction with the operation of a
restaurant in the manner provided in Section 4(b)(1) below; nor
(2) Process any application for or issue any occupancy permit or zoning certificate for use
of property as a club, drinking establishment, or CMB retailer (on-premises) unless the applicant can
establish that the license is being sought in conjunction with the operation of a restaurant in the manner
provided in Section 4(b)(1) below.
Even though the change in corporate ownership prompts the requirement of a new drinking establishment
license under Kansas law, city staff understands this change of corporate ownership of an existing drinking
establishment which will maintain .uninterrupted operation in the same location and under the same name to be beyond
the governing body's intended scope of the moratorium ordinance.
Recommendation
If the staff is correct in its understanding of the governing body's intent, the governing body should by motion
direct the staff to process both the zoning certificate for purposes of the state drinking establishment license applied for
on the basis of the change in corporate ownership of Happy's and the application for the city license if the state license
is granted. If the governing body instead intended for the circumstances presented by the change in corporate
ownership of Happy's to be subject to the moratorium, the governing body should by motion direct staff to adhere to
the prohibition against the staff administrative functions outlined in section 4 of the moratorium ordinance.