Under a potential new city code, homeowners and property renters will receive a mailed notice of nearby liquor license applications, providing further opportunity for protest petitions to be filed.
The Springfield City Council approved a resolution initiating the change to the Springfield Land Development Code by an 8-0 vote at its Nov. 6 meeting.
Proposed by Councilmember Monica Horton, the amendment not only requires that mailers be sent out in addition to posted signage already required under the code, and that occupants — not just property owners — can protest a liquor license application.
‘Omission' in code limits opposition
Currently, individuals are required to post notice of their intent to apply for a license to sell liquor by the drink and/or package liquor at the property location. License applicants are required to advertise the notice in five consecutive issues of a newspaper, with mailed notices to surrounding property owners only provided in limited circumstances.
Property owners of residential dwellings within 200 feet of the property then have 21 days to protest the application. If 50 percent of them sign a protest petition, the City Council will determine whether or not to grant the liquor license, rather than it being issued administratively.
Horton said that it’s “likely that an owner doesn’t live within 200 feet of the business applying for a package liquor license when homeowner occupancy in many neighborhoods is less than 42 percent.”
“And this works if the majority of occupants are homeowners,” Horton said. “Otherwise, you’re stuck in a neighborhood with commercial businesses that are of no service, particularly if you’re talking about package liquor that’s within 200 feet of your house.”
In experiencing the process of notification of a liquor license application herself, Horton said that there is an “omission” in the code requirement in that it doesn’t effectively notify homeowners, without providing opportunity for renters to protest at all.
With only a posted notice, Horton said it’s likely property owners eligible to protest may not immediately see the posting, shortening their opportunity to respond and voice their concerns.
On top of that, property owners who want to protest an application will need to find time to submit the petition, get it notarized and canvas their neighborhood, which Horton said could be unsuccessful due to low homeownership.
“Some of these opportunities right now are very time consuming gaps in communication for owners, tenants and, quite frankly, individuals in transitional housing,” Horton said.
Councilmember Craig Hosmer said Springfield residents should be able to be involved in the decision making about where they live, especially places that serve alcohol, which could create potential problems in neighborhoods.
“I think this is a quality of place issue that we should support and give neighborhoods the right to go ahead and have some say in what businesses come into their neighborhood,” Hosmer said.
Possible new requirements to work similar to rezoning case
It is not clear exactly how new requirements might work. City government staffers have to prepare the amendment language to be voted on by the Planning and Zoning Commission and the City Council. City Attorney Rhonda Lewsader said it would be a similar process to a rezoning case.
Lewsader suggested that when a liquor license application is submitted, the city’s Licensing Division will determine through geographic information system (GIS) mapping all addresses within 200 feet of the application location. Notification would then be mailed on the day the application is filed to the surrounding occupants and, if they live elsewhere, the property owners, with instructions on how to submit a protest petition.
