Loading...
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.