01-20-89 Zoning & Vacation - Laserfiche WebLink

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Zoning and Vacation Committee 1-20-89 Page 2 buys additional items when coming into the store. He also questioned the doctrine of the legal nonconforming use and the grandfathering issue. Council Member Coleman noted that the Alcoholic Beverage Commission reviews each request on a case by case basis. He noted that he does not want to promote wide spread availability to alcoholic beverages but does not want to eliminate free trade in this area. Council Member Luecke stated that if the Bill would be consistent should not family restaurants also be addressed. He noted that alcohol is a problem in this culture but that he has concern for the businesses who have made the decision to sell such intoxicating liquors. He questioned whether the Bill accomplishes the goal sought. Mr. Kevin Butler, an Attorney representing Walgreens and Osco's stated that the Bill would have a definite effect on drug stores and grocery stores. He stated that liquor stores are "quoted out" since regulations only permit only one per 5, 000 population and currently there are 27 or 28 such licenses issued in South Bend. Transfers of such permits are permitted but no new licenses for carry out liquor stores have been permitted. He stated that he believes the overall Bill is discriminatory against such clients as his. He further noted that Osco's and Walgreens are typically built from scratch and have segregated liquor areas. He stated that each store oversees the operation by making sure that only person who are 21 years older work in the area, that the stock rooms are locked, that records are maintained. He stated that you will not see citations being issued against his clients since typically violations are against the taverns which have carry outs or the straight liquor stores. He also noted that they have specific procedures in effect if an ID is in question or dispute. He also noted that if Walgreens or Osco's would have a liquor violation that they would automatically loose their pharmacy license. Council Member Duda stated that she respects what Council Member Slavinskas is trying to do especially with regard to how close is effects her own family. She stated that, however, that she does not want to legislate morals. Kathleen Cekanski-Farrand, the Council Attorney, reminded the Committee that they must review the proposed zoning bill as to whether it is a legitimate mechanism to regulate this type of use. She noted that the US Supreme Court had determined that zoning regulations were appropriate when addressing deleterious types of uses which congregate in specific areas of the City.