Work With Your City to Implement New Land-Use Policies
So far, you’ve laid the groundwork for creating new zoning policies by researching existing land-use ordinances in your city, establishing preliminary goals, and gathering data on alcohol-related problems in your city. Now, let’s look at some of the land-use tools you can use to reduce alcohol-related problems and place locally developed limits on the sale of alcohol in your community:
Conditional Use Permit (CUP) Ordinance
A conditional use permit ordinance (CUP) is a powerful planning tool that allows local communities to have a say over the establishment and operation of alcohol outlets. Localities can use CUPs to put limits on the density of alcohol outlets and to set parameters for their location, operation and design. By establishing a CUP ordinance for alcohol beverage establishments, local communities ensure public comment on proposed new establishments and any problematic establishments that currently exist.
How Does a CUP Ordinance Work?
A CUP means that the business receives the permit to operate the alcohol beverage establishment, but this permit carries with it a number of conditions set out by the city. CUPs provide a way for communities to both monitor how local businesses operate and take steps to address any threats to public health and safety. Through a CUP, your city can place a wide range of restrictions on alcohol outlets, based on the community problem that you’re trying to address and what the data says about alcohol-related problems.
Sample CUP ordinance
Deemed Approved Ordinance
How can a community address a problem alcohol outlet that received its permit before the establishment of a CUP ordinance? With a “deemed approved” ordinance, communities can place conditions of operation upon outlets that—after due process—are determined to be creating some kind of public nuisance.
How Does a Deemed Approved Ordinance Work?
A deemed approved ordinance works together with a CUP ordinance. The deemed approved ordinance “grandfathers” existing alcohol beverage establishments—which are “deemed approved,” even though they’ve never been reviewed for compliance with the CUP ordinance—yet also holds them to a set of performance standards.
Standards Included in a Deemed Approved Ordinance generally hold that:
• the outlet must not adversely affect to the health and safety of the local community
• the outlet must maintain upkeep so that its operating characteristics are compatible with the surrounding neighborhood
• the outlet must not contribute to nuisance activities, such as disturbances of the peace, drug dealing, public drinking and inebriation, gambling, prostitution, sale of stolen goods
What Happens to Outlets that Do Not Comply with these Standards?
Community members who believe that the outlet is not complying can speak directly with the owner and seek voluntary compliance. The deemed approved ordinance provides an opportunity for community members to educate alcohol outlets about expected performance standards. In many cases, outlets that are not compliant with the standards may not be aware of them. Outlets that pose nuisance problems also may be reported to the city by community members, or may be notified by the police to address the problems.
Outlets that fail to comply with the deemed approved standards may be asked to abate the nuisance, then be subject to review under the city’s CUP ordinance and have conditions of operation applied to their city permit. Businesses that refuse to comply may lose their city business permit.
Text Restrictions
Text restrictions are written into your city’s zoning law and place clear limitations on where alcohol outlets can be located. In some states—such as California—it is not legal for cities to forbid alcohol outlets in the city as a whole, as this would amount to local prohibition. Text restrictions can take three general forms.
1) Permitted uses
2) Bans on certain types of outlets
3) Moratoria
Permitted uses: the city indicates what types of land-uses—including alcohol outlets—are allowed in varying areas of the community. For instance, a city typically would allow different types of uses in a downtown commercial area than in a neighborhood-commercial area that is amid residences. A city’s zoning ordinance might allow convenience stores that sell alcohol to be located in a neighborhood-commercial area, but not allow a nightclub in such an area.
Bans on certain types of outlets : the city determines that certain types of businesses should not be allowed to sell alcohol, regardless of where they’re located in the city. For example, a city might determine that fast-food restaurants should not be permitted to sell alcohol within city limits.
Moratoria: short-term, emergency zoning ordinances that suspend the granting of permits to alcohol outlets in order to address alcohol-related problems meriting immediate attention. These usually only apply to a select part of the community, and usually only after other methods of controlling problems have not worked.
Conditions on Temporary Use Permits for Events
Organizers of special events like community fairs, cultural festivals, etc. need to obtain permits from the city (or county) in order to hold the event. When alcohol is sold at events, there’s an increased likelihood that problems such as sales to minors, fights, drinking and driving, and public intoxication will occur. With a Temporary Use Permit ordinance, a city can regulate the sale or distribution of alcohol for events at city-owned or publicly accessible locations.
Sample conditions placed on Temporary Use Permits
• Organization selling alcohol at the event must arrange for Responsible Beverage Service (RBS) Special Event Training for managers and staff
• Measures must be taken to control points of access to alcohol and to contain individuals who consume alcoholic beverages.
• Restrictions on event-based alcohol sales in proximity to schools, residences and other sensitive locations.
Get the Issue on the City’s Agenda
Cities often will not proactively take up the issue of zoning and alcohol availability. Staff and elected officials are busy, and are not necessarily experts at preventing alcohol-related problems in communities. It also can take significant city resources to draft and approve a new zoning ordinance. Thus, zoning policies intended to address alcohol-related problems often must be initiated by concerned community members, with support from prevention experts and alcohol policy advocates. To get the issue on your city/county’s agenda, show the relationships between alcohol availability and community problems—and how local zoning authority can create solutions. How to get your local decision-makers to use policy solutions:
Meet with Individual Elected Officials: Through your network of allies, you can identify and meet with a local elected official—i.e., a city council member—who is interested in preventing alcohol problems through zoning policies. A city council member can place the proposed zoning policy on the council’s agenda, help gain support from other council members, and direct city staff to explore the creation of a new zoning ordinance addressing alcohol availability.
Discuss the Issue with City / County Staff or Members of the Planning Commission: If you’re unable to identify an ally on the city council, you can also consider using the planning commission (sometimes called a zoning board) as the venue for introducing the idea of a zoning ordinance. In most cases, the local planning commission can recommend that the City Council direct city staff—such as planning department staff or the city attorney—to craft an ordinance for review.
Use Media Advocacy to Publicize the Issue: Media advocacy can be an effective way to mobilize public support, which in turn can encourage local elected officials to explore a zoning ordinance focused on alcohol availability. Learn more about media advocacy in our Media Advocacy Action Pack.
Educate the Public About the Issue: Public interest in an issue can create momentum for action by your local elected officials. Hold public meetings to educate community members about the need for local control over alcohol outlets. Develop outreach materials (fact sheets) both for persuading and engaging community members.
Seek Pro Bono Legal Assistance to Draft the Ordinance: Typically the city council or planning commission will direct planning department staff to draft the CUP, deemed approved ordinance, text restriction or temporary use permit ordinance. However, you can help move the process along by seeking pro bono assistance from an individual or organization with the expertise to write a proposed zoning ordinance. Speak Out in Support of the New Zoning Policy
A new zoning ordinance must be approved by the appropriate local legislative body—i.e., the city council or the county board of supervisors—often with an initial review by the local planning commission. When the local governing body or planning commission takes up the new ordinance, it is important that your group work for a favorable result. In addition to speaking individually with council members in the days or weeks prior to the council meeting, arrange for a formal presentation to the council.
Tips on Planning an Effective Presentation to the Local Governing Body
• Arrange for several community members to speak before the council. Individuals in neighborhoods that are most affected by alcohol problems are especially valuable speakers. Plan what each speaker will say so that you avoid repetition.
• Present data that are clear and convincing. Do not overwhelm the council members—or other members of the audience—with too much data. Focus on the information that really makes the case for the proposed ordinance.
• Use visuals and handouts to make your case . At least one speaker from your group should use visuals—graphs, maps, charts—to illustrate the local alcohol-related problems to be addressed by the proposed ordinance.
• Remember to frame your message in terms of community benefits . In his book on community organizing and alcohol availability, Victor Colman points out the importance of framing alcohol availability messages positively: as “pro-health,” “pro-safety” and “pro-community.” As part of framing the message this way, it is important to think through who would benefit from the passage of the proposed ordinance—area businesses, residents of certain neighborhoods, law enforcement professionals, etc.
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