ACTION REQUESTED:
Title
Communication from the City Manager and the Interim Corporation Counsel with a Request to Adopt an ORDINANCE Amending CHAPTER 3 of the Code of the City of Peoria, Adding the PLAN OF OPERATION as an Optional Enforcement Tool for Existing Site-Approved Liquor Licensed Establishments and as an Optional Condition to Site Approval for New Applicants for the Retail Sale of Alcohol.
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BACKGROUND:
The attached Ordinance Amending Chapter 3 of the City Code pertaining the Plan of Operation was presented to the City Council for a first reading review on March 11, 2014.
On January 28, 2014, the City Council held a Policy Session to discuss along with another matter, the concept of transplanting the benefits of the City of Chicago's Plan of Operation to Peoria in its licensing, regulating, and approving businesses that sell and/or serve alcoholic beverages. The minutes of this Policy Session as well as the accompanying City Council Communication are attached.
On February 20, 2014, two meetings were held so that City staff as well as At-Large Councilmember Eric Turner who also serves as the Deputy Liquor Control Commissioner and At-Large Councilmember Beth Akeson could introduce and inform the current liquor license holders how Chicago's concept of the Plan of Operation could be used in Peoria to benefit both the City and the licensed operators. Initially there was a misconception voiced by some licensees that the samples of Chicago's Plans of Operations distributed at the meetings would be used across the board to all licensees in Peoria. After assuring the licensees that the sample Plans of Operations from Chicago were just samples and most licensees would not need to enter into a Plan of Operation, the overall sentiment from the business owners at the meetings seemed to be in favor of utilizing the more flexible approach to addressing the negative or deleterious impact that sometime comes with the sale of alcoholic liquor while allowing the establishment to remain open.
The following is a summary of the proposed changes to Chapter 3 of the City Code to incorporate the Plan of Operation:
1. Liquor license holder will have a duty to take reasonable steps to correct objectionable conditions (loud music, litter, loitering, public drinking) occurring on the licensed premises or on the adjacent public right of ways while the establishment is open for business and within one hour or less of the time the establishment is opened or closed for business.
2. If there are no reasonable steps taken to correct the objectionable conditions, 5 residents within 500 feet of the establishment or the district council member can request the liquor control commissioner or his/her designee to convene the parties to find a resolution. Subsection 3-32(b) sets forth the resolution process. If there is no successful resolution, there will be a hearing to determine whether the operation of the licensed establishment has become a public nuisance. Once the licensed establishment is deemed a public nuisance and if the licensee provides satisfactory proof to the Liquor Commissioner that the licensee has devised a reasonable Plan of Operation with the goal of abating or correcting the objectionable standards, the Liquor Commissioner may suspend the order suspending or revoking the liquor license. If the Plan of Operation is ultimately approved, any violation of the conditions stated in the Plan of Operation will be a cause for the suspension or revocation of the liquor license upon a hearing or entry of a guilty plea. This is the prong of the Plan of Operation that would be used as an enforcement tool and applicable to a specific operator.
3. For an applicant seeking site approval for the retail sale of alcohol at a new location, the City Council can approve the site application conditioned on a Plan of Operation that contains measures to control negative or deleterious impact of the proposed establishment at that particular location.
4. If the City Council approves the site application with the recommended Plan of Operation, any subsequent applicant for a liquor license for that establishment must have a Plan of Operation that is approved by the Mayor or Deputy Liquor Control Commissioner prior to the issuance of any subsequent liquor license. This is the prong of the Plan of Operation that would be used in the site approval process and applicable to that specific location.
The details of the conditions in a Plan of Operation would be offered by the licensee or applicant for a site approval and negotiated with a City attorney in the Legal Department, but ultimately approved by the Liquor Control Commissioner or the City Council. The Plan of Operation will be an available option, but there is no requirement to offer or use the Plan of Operation in every case since there may be some situations in which a Plan of Operation would not be an appropriate or sufficient measure to address a problem operator or a sensitive location. In addition, the Plan of Operation will not be an available option for straight police related violations such as selling alcohol to a minor, allowing an underage person into a tavern, allowing open containers of alcohol to leave the premises or other violations that are not directly related to the negative impact on the quality of life issues.
FINANCIAL IMPACT: None.
NEIGHBORHOOD CONCERNS: Neighborhood residents living near a problem liquor establishment will have an option to address the secondary negative impact from the sale of alcoholic liquors.
IMPACT IF APPROVED: Will provide an enforcement tool to address the operation of an establishment that has a negative impact on the quality of life for the surrounding residents or business owners and will provide flexibility in the site application approval process for retail sale of alcohol at a particular location.
IMPACT IF DENIED: There will be no direct way to address the secondary negative impact such as littering, loud music, and loitering from liquor establishments and the process of site approval for the retail sale of alcoholic liquors will remain inflexible and rigid.
ALTERNATIVES: N/A.
EEO CERTIFICATION NUMBER: N/A.
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Attractive Neighborhoods with Character: Safe and Livable
2. Vibrant Downtown: Riverfront/ Central Business District/ Warehouse District
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reduce crime.
DEPARTMENT: Legal