Title
A.R.S. TITLE 4 ENTERTAINMENT DISTRICT PERTAINING TO THE ISSUANCE OF LIQUOR LICENSES
Staff Contact: Vicki Rios, Director, Budget and Finance
Staff Presenter: Jenna Goad, Manager, Intergovernmental and Council Services
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Purpose and Policy Guidance
Recommendation
Staff is seeking guidance from City Council regarding the formation of an Arizona Revised Statutes (A.R.S.) Title 4-Arizona Liquor Law, Entertainment District as it pertains to liquor licenses for the downtown area. The adoption of an Entertainment District would allow the city, on a case-by-case basis, to approve exemptions from the distance restrictions prescribed in A.R.S. § 4-207 pertaining to the location of certain types of liquor licenses within 300 feet of a church or school.
Background
A.R.S. § 4-207 prohibits the issuance of certain types of liquor license for any premises that are, at the time the license application is received by the director, within 300 horizontal feet of a church, school building, or fenced recreational area adjacent to the school building. This restriction is commonly referred to as the “300 foot rule”. A church is defined as any building erected or converted for use as a church where services are regularly convened that is used primarily for religious worship and schooling and that a reasonable person would conclude is a church by reason of design, signs or architectural or other features (A.R.S. § 4-207(D)(1)). A school is defined as any public or private school with any grades Kindergarten through 12 (A.R.S. § 4-207(A)).
The following license types are not impacted by the 300 foot rule:
- Series 1 and 2 Producer
- Series 3 Microbrewery
- Series 4 Wholesaler
- Series 5 Government
- Series 11 Hotel-Motel
- Series 12 Restaurant
- Series 13 In-State Farm Winery
- Series 15 Special Event license
- Series 18 Craft Distillery
- Playing area of a golf course with an issued license
- A beer and wine license at a not-for-profit performing arts theatre with a permanent seating capacity of at least 250 persons
- Validly issued licenses that were in place prior to the location of a church or school (these licenses can be transferred to new owners at the same location)
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- The 300 foot rule must be observed for the following license types:
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- Series 6 Bar
- Series 7 Beer & Wine Bar
- Series 8 Conveyance
- Series 9 Liquor Store
- Series 10 Beer and Wine Store
- Series 14 Private Club
- Series 16 Wine Festival/Fair
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- State law allows places of worship and schools to be located within most zoning districts. The State Legislature recognized the potential conflict between community desires to create day and night time activation in certain areas based on entertainment uses and amended A.R.S. § 207 to include a provision that allows the governing body of a city or town, on a case-by-case basis, to approve an exemption from the distance restrictions set for churches and schools through the formation of an entertainment district (A.R.S. § 4-207(C)(4)). The number of entertainment districts allowed in any jurisdiction is based on municipal population as follows:
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- Population of at least 500,000 may designate no more than 3
- Population of at least 200,000 may designate no more than 2
- Population less than 200,000 may designate no more than 1
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- An entertainment district is defined as a contiguous area that is designated by a resolution adopted by the governing body of a city or town that consists of no more than one square mile, that is no less than one-eighth of a mile in width and that contains a significant number of entertainment, artistic and cultural venues including music halls, concert facilities, theaters, arenas, stadiums, museums, studios, galleries, restaurants, bars and other related facilities (A.R.S. § 4-207(C)(4) .
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- Due to the number of churches and schools in the downtown area, the interest in converting former retail uses to entertainment uses, the number of vacant properties, and the information received from other communities, staff made a recommendation to Council regarding public outreach activities related to the potential designation of an entertainment district with the following objectives:
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- Educate the public about what an entertainment district designation does;
- Gather input from the public regarding the level of support for the creation of an entertainment district in the downtown area;
- Identify any community concerns that Council should be aware of;
- Discuss proposed district boundaries utilizing the informally designated Dining District as the focal point (map attached) with maximization of the size allowed by statute (one-square mile);
- Gather input on whether the city should consider the requirement of a conditional use permit for exemption requests; and
- Public outreach would include personalized outreach to all of the identifiable churches/schools in the area along with a minimum of one public meeting.
Previous Related Council Action
At the May 3, 2016 Workshop, Council directed staff to conduct public outreach in order to solicit feedback and comments on the proposed creation of an entertainment district in downtown Glendale. Council also directed staff to maximize the proposed boundary by extending east to 43rd Avenue and west of Grand Avenue.
Analysis
Based on Council feedback, the proposed Entertainment District boundary was extended to include additional entertainment uses east towards 43rd avenue and west towards 61st avenue, and generally includes a few blocks north and south of Glendale Avenue (see attached map). There are approximately 16 known churches and 2 schools (one of which is a co-located church and school) that fall within the proposed boundary.
To conduct public outreach, staff developed the following tools to aid in the process:
• Comprehensive Fact Sheet providing details about Entertainment Districts (English/Spanish)
• Formal outreach letter for churches and schools located within or near the proposed Entertainment District boundaries (English/Spanish)
• Survey tool to solicit feedback from any interested parties that was provided both online and hardcopy (English/Spanish)
• Informational website
• Postcard mailer for licensed businesses in the area
• Entertainment District poster for posting at downtown city facilities and businesses wishing to display
Public outreach activities included all of the following:
• Direct mailer to 39 churches and 10 schools which included schools that would be impacted and those in the immediate vicinity. The packet included: outreach letter with an offer to meet/present to their constituency, fact sheet, and survey. Staff did not receive any requests to meet, but did attempt phone contact to verify receipt of materials and offer to meet/answer questions.
• Postcard mailer to over 470 Centerline businesses and the interested parties list maintained by the Planning Department.
• Communication with Glendale Elementary School District which resulted in automated calls to student households informing them of the proposal and public meeting.
• Email notification to the following groups:
o Registered neighborhoods in Cactus and Ocotillo districts
o Glendale Centerline Alliance
o Glendale Chamber of Commerce
o Downtown and Catlin Court merchants
• Two quarter-page advertisements in the Glendale Star in the August 18th and August 25th print editions
• Inclusion in City Council newsletters
• Formal press release
• Public service announcement on Glendale 11
Public outreach efforts resulted in the following:
• Staff presentations to:
o Glendale Chamber of Commerce Government Affairs Committee
o 5 and 5 Downtown Merchants alliance
o Glendale NEIGHBOR non-profit consortium
o Planning Commission presentation
• Formal public meeting held on August 31st
• Five formal news articles and 2 opinion pieces in the Glendale Star, the Arizona Republic, and Your West Valley (Independent Newsmedia Inc.)
• Formal letter of support from the Glendale Chamber of Commerce
Community Input/Public Involvement
The attached Survey Results Report includes a summary of the survey data and feedback received through the survey tool during a 9-week period beginning July 22nd and concluding on September 27th. A total of 151 survey responses were received during this period with 56% of responses in support of the proposal. A majority of the respondents identified themselves as residents; and, the zip code reporting the highest number of respondents regardless of constituency group was that of the proposed district (85301). The full details of the survey, including commentary, are provided as an attachment as well. Themes from those in favor were that the proposal could create attraction, diversity of uses, and revitalization. Themes from those opposed or expressing concern included potential undesirable behavior, impacts to the existing family-friendly environment, and opposition towards liquor store uses.
Staff presented to the Planning Commission on August 4th, providing information about the proposal and seeking input and guidance from the Commission regarding whether there was general support for the concept, were there any specific criteria that they would suggest be utilized by Council when evaluating requests for exemptions, any suggestions or comments regarding the proposed district boundaries, or any other concerns or need for additional information on the topic. One question was raised regarding whether the proposal would allow billboards in the downtown area. The adoption of an Entertainment District does not impact zoning and therefore would not have any impacts related to billboards. The Planning Commission expressed support for moving forward with the proposal.
A public meeting was conducted on Wednesday, August 31 to provide an overview, answer any questions, and seek public feedback. The meeting was attended by approximately 12 adults (not including city staff and Councilmembers) and four people spoke publicly. Two were church pastors (including one that also operates a school), one was a business owner who is also a resident, and one was a resident. The feedback from those who spoke was general support of the concept and the city’s efforts to revitalize downtown, but also the request that efforts be made to maintain the character of the downtown area and consider impacts to adjacent properties in the decision making process when individual exemptions are considered.
Council Guidance
The city’s significant public outreach effort resulted in feedback outlining general support for the concept with suggestions for maintaining the existing character of the area while creating the ability to attract new uses to revitalize Centerline. Based on the public feedback received, the staff recommendation is to bring this item forward to a public voting meeting to consider adopting a resolution to create an Entertainment District that includes the following criteria that City Council may utilize when considering requests for exemption to the 300 foot rule. Staff is seeking Council guidance regarding the recommendation, criteria, and finalization of district boundaries.
Proposed Exemption Criteria:
1. Zoning and Land Use. The proposed use complies with all applicable zoning requirements, including zoning specific to the Glendale Centerline Overlay District, and, if applicable, a conditional use permit was granted for the proposed use.
2. Effects. The proposed use is not materially detrimental to and will not adversely affect (1) any church or charter school that is within 300 feet of the proposed use, (2) the persons residing, working or visiting the entertainment district or surrounding neighborhoods, and (3) the surrounding properties, neighborhoods, and the city. Adverse effects may result from several sources, including but not limited to the traffic, parking, safety, pedestrian accommodation and accessibility, hours of operation, noise and odor of the proposed use.
3. Character. The proposed use complements and enhances the surrounding area, and does not adversely affect the character of the Glendale Centerline, including but not limited to the family-friendly character of the area.