To: Honorable Mayor and Members of Town Council
From: Lisa Anderson, Town Clerk
Elizabeth Allen, Assistant Town Attorney
Title
Ordinance Amending Chapter 5.08 of the Castle Rock Municipal Code by the Creation of a New Section 5.08.015 Entitled Licensed Premises; and Making Other Minor Modifications to Chapter 5.08 [Distance Restrictions from Schools (Second Reading - Approved on First Reading on September 18, 2018 by 7-0)
Body
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Updates
Approved on first reading on September 18, 2018 by a vote of 7-0.
On first reading, we focused on liquor licenses that were affected by the distance restriction. Please note, there are several classes of licenses that are issued solely by the State that are not subject to our Liquor Code (i.e., manufacturers, importers, wholesalers, etc.).
Additionally, there are no distance restrictions on certain licenses per CRS 44-3-313(1)(d)(I) and Regulation 47-1006:
• Club for faculty or staff only within a college, university or seminary
• Campus Liquor Complex
• Land owned by a municipality
• Land owned by the state
• Special Event Permits (only restricted during school hours)
Douglas County School District’s response is attached requesting to be notified of any new liquor application within 500 feet of a school or dedicated school site (Attachment F).
Executive Summary
As mixed-use areas become commonplace in new developments, many municipalities have chosen to eliminate or modify the 500-foot distance restriction for liquor-licensed establishments in relation to schools. The Castle Rock Economic Development Council came before Town Council in 2017 and requested the Town look into such a modification in our Code, as is allowed by State Statute.
As we amend our liquor code, staff also proposes to formalize the fee schedule to be approved administratively by the Town Manager. All maximum fees municipalities can charge are set by the state; and administrative approval would allow staff to adjust fees based on business needs. The Town liquor license application fees have not been increased in at least 20 years; and staff feels increasing fees to the level the state sets is justified to help offset staff time required to process these applications. The proposed fees are shown in Attachment E.
Additionally, staff proposes to make a minor amendment to our optional premise code. We currently have two optional premise licenses for Red Hawk Golf Course and Plum Creek Golf Course. We believe this section of the code is outdated as it requires them to submit notice of their dates and times of operation in 90 day periods. We feel this is obsolete as our optional premises are able to operate year-round and adjust dates and times of operation depending on conditions. Staff recommends eliminating that notification requirement so that they may have the flexibility to make adjustments to their operating schedule as needed.
Notification and Outreach Efforts
Staff sent the proposed letter, shown in Attachment C, to the Douglas County School District and all of the existing public, charter, private and parochial schools within the Town of Castle Rock for their feedback on eliminating the distance restriction for all new schools. If any responses are received, they will be included within Attachment C.
History of Past Town Council, Boards & Commissions, or Other Discussions
The Economic Development Council (EDC) came before Town Council in 2017 asking to eliminate distance restrictions for liquor establishments to new schools. As the Town continues to grow and mixed use areas are more prevalent, property rights in business zoned areas could be greatly impacted if a school moves adjacent to or into a business zoned area where there is a use by right for liquor establishments. The EDC cited many municipalities in the state that have chosen to modify this restriction as shown in Attachment D. Town Council directed staff to look into it and come back to Council with a recommendation. This ordinance would inform future schools to be cognizant of their location if they choose to build in or adjacent to a business zoned area.
Discussion
The proposed ordinance would eliminate the 500-foot distance restriction moving forward. Existing schools listed in Attachment B would not be impacted by this proposed Code amendment and would retain the protection of a 500-foot distance from any new liquor-licensed establishment.
The proposed change would only impact a new school that wants to build in, or adjacent to, a business-zoned district. Liquor-licensed establishments are not allowed in residential-zoned areas, so future schools in those areas would remain protected if they are at least 500 feet from business zoned property.
Under CRS 12-47-103(32), schools are defined as any public, parochial, or nonpublic school that provides a basic academic education … for students in grades one to twelve. This is further defined under CRS 22-33-104(2)(b), which states: enrolled for a minimum of 172 days in an independent or parochial school, which provides basic academic education … by an independent or parochial school, including but not limited to, communication skills of reading, writing and speaking, mathematics, history, civics, literature, and science. Town staff performed an inventory of existing schools that would maintain the 500-foot protection (see attached).
Many municipalities have chosen to eliminate or modify the 500-foot distance restriction between new schools and liquor-licensed establishments, as to not diminish that allowed use in business-zoned areas. The desire for this modification has increased as more charter schools are being built in areas where zoning allows liquor establishments including restaurants, wine bars, brewpubs and stores that sell liquor for off-premise consumption. As the Town continues to grow, there could be instances where a school may be built adjacent to a business-zoned area, which could impact this allowed use if the proposed change is not implemented.
Staff Recommendation
The proposed amendment is as follows:
Chapter 5.08 of the Castle Rock Municipal Code is amended to add a new Section 5.08.015 entitled Location of premises, to read as follows:
A. Except as provided in subsection B, the distance restrictions imposed by C.R.S. § 44-3-313(1)(d), as amended, prohibiting the sale of alcohol beverages within 500 feet of any public, parochial, or non-public school or the principal campus of any college, university, or seminary are eliminated.
B. The distance elimination in subsection A shall not apply to public, parochial, or non-public schools in operation as of October 31, 2018.
Proposed Motion
“I move to approve the Ordinance as introduced by title.”
Attachments
Attachment A: Ordinance
Attachment B: List of Existing Schools
Attachment C: Letter to School District and Schools and any Responses received
Attachment D: Municipalities that have Modified the Distance Restriction
Attachment E: Fee Schedule
Attachment F: Response from DCSD