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Thursday, May 10, 2007
Lawrenceburg Leaders Give Initial Approval To Liquor Guidelines
Voters opted in the May 1 City of Lawrenceburg Election to allow for the sale of liquor within the city limits. With that in mind, Lawrenceburg leaders gave initial approval during their business meeting last week to guidelines under which such liquor may be sold.
Approval of the proposed ordinance was recommended by Lawrenceburg City Attorney Alan Betz. Betz presented members of the Lawrenceburg Board of Mayor and Commissioners with the proposal, explaining that two individuals had already requested an application for certification to sell the hard liquor products. Betz pointed out that, with no rules in place, the city would have no authority to regulate any aspect of the liquor business.
Betz proposed passage of a slightly modified version of the Municipal Technical Advisory Service model resolution regulating sale of “Alcoholic Beverages Other Than Beer” on first reading during the board’s meeting Thursday evening. He pointed out that such sales are almost completely regulated and controlled by the Alcoholic Beverage Commission, pointing out, “There are very few things for the city to adopt…Basically the only things you can regulate are distances…a limit on the number of licenses issued…an investigation fee…and you can adopt ‘reasonable’ residence requirements for applicants.”
The first step for those wishing to sell liquor is gaining certification through the city. They must run an ad in a local newspaper in three consecutive editions, expressing their intent. Under the proposed ordinance, applicants will provide personal information including name, age, address, number of years of residency, occupation and length of that occupation, type of business and location, and information regarding convictions or violations of state or federal law or city ordinances. All information given must be verified under oath.
The ordinance imposes a $250 “investigation fee.” Applications “shall be referred to the chief of police for investigation and the city attorney for review, each of whom shall submit his findings to the board of mayor and commissioners within thirty days of the date each application was filed.”
The ordinance includes a residency requirement. According to the document applicants, “shall have been a bona fide resident of the City of Lawrenceburg or Lawrence County for not less than one year at the time his application is filed.”
Regarding criminal records, the ordinance requires that any individual or group making application shall not have been convicted of any felony or offense for ten years prior to application.
Under the ordinance, “No retailer shall operate, directly or indirectly, more than one place of business for the sale of alcoholic beverages in the city.”
As does the city’s beer ordinance, the liquor ordinance makes it unlawful to operate such an establishment except within areas zoned for such businesses (C1 through C4). It also decrees that “…in no event shall any establishment be located within three hundred feet of a hospital, church, school, or any other place of public gathering” (measured in a straight line from front door to front door.)
Such businesses may only be situated on the ground floor of a building, with only one main entrance. Also, the document declares, “No radios pinball machines, slot machines or other devices which tend to cause persons to congregate in such a place shall be permitted in any retail establishment. No seating facilities shall be provided for person other than employees,” and “No alcoholic beverages shall be sold for consumption on the premises of a retail establishment.”
Betz pointed out that the new sales may provide a significant new source of income for the city. In addition to sales tax, Betz pointed out that the city will collect state shared alcoholic beverage tax along with an 8% inspection fee.
Although the city will not physically send out an individual to inspect each facility, wholesalers will collect the 8% inspection fee on all deliveries. That amount will then be forwarded to city leaders monthly, along with a written report.
The ordinance was approved on first reading in a four-to-three vote. Commissioner Keith Durham cast the sole dissenting vote.
The ordinance is expected to come up for second and final reading at the commission’s Thursday, May 17, meeting.