Ensure Solid Follow-Through and Enforcement

Getting a local zoning ordinance passed is a huge victory. But it’s not the end of the story. The effect of the new ordinance is only as strong as the follow-through and enforcement. Although the city is responsible for enforcing zoning ordinances, community members and a variety of organizations play important roles by doing the following:

• Follow-up with city staff to learn which specific agency has responsibility for enforcing the new ordinance.
• Mobilize community members to assist law enforcement and city staff in monitoring outlets.
• Work with problem retailers to help them voluntarily comply with CUPs or deemed approved ordinances.
• In the case of a deemed approved ordinance, educate merchants about the new conditions to which they are accountable.
• Be vigilant—sustain your group’s efforts.
• Be on guard against zoning variances.

Mobilize community members to assist law enforcement and city staff in monitoring outlets. Community members can document and report any illegal or nuisance activity at an alcohol outlet. A good report includes:

• Location, date and time
• Description of illegal or nuisance activity
• Description of people involved: height, weight, age, ethnic background, facial features, clothing, names and anything unusual
• Description of cars and other types of transportation: color, year, make/model, license-plate numbers

Be vigilant—sustain your group’s efforts

Once your city establishes a CUP ordinance for alcohol outlets, it takes ongoing effort to ensure this zoning law is an effective prevention tool. Each time a new alcohol outlet is proposed, your city council and planning commission will conduct a public hearing to determine whether a zoning permit is merited and what types of conditions should be placed on the permit. The business owner will be prepared to speak on behalf of the permit and—naturally—will want to minimize the conditions placed on the proposed outlet. It is crucial that community members organize to comment on new outlets as they come up for review.

• Arrange with your planning department to receive notices of any proposed outlets (in most cities, notice usually will go automatically to residents and property owners within a certain distance of the outlet)

• Conduct an assessment of the proposed outlet

• Be prepared to speak before a planning commission and city council concerning the proposed outlet. If you plan to oppose the proposed outlet, you should plan to speak at public hearings at which the permit is to be discussed. Bear in mind the same principles [link here to earlier section on “speaking out”] as when speaking on behalf of the ordinance: arrange for and coordinate several speakers, present clear data, and use visual aids.

Be on guard against zoning variances.