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beer gardens and the flora and fauna of:

boiker

Cyburbian
Messages
3,890
Points
26
A bar nearly adjacent to a residential area (across the street) filed to the local liquor commission for a beer garden. It was denied, they appealed to the state liquor commission which approved of the beer garden. The city failed to appeal that decision within the 20 day period. Therefore, the state's decision stands.

The zoning ordinance surprisingly has a hole in it. It does not specify that outdoor liquor sales or consumption or beer gardens with or without music can be adjacent to resdiential areas.

Now, since city council didn't appeal the decision of the state, and the zoning ordinance doesn't literally prohibit beer gardens adjacent to residential areas, this bar is going to install one, much to the dismay of nearby residents.

Do other communities have code prohibiting beer gardens near residential areas?
 

giff57

Corn Burning Fool
Staff member
Moderator
Messages
5,408
Points
32
In Iowa, outdoor sales requires a special permit from the state, and as part of that permit, the city has to approve of the location. The zoning doesn't matter, the City Council can deny or approve those at will.
 

boiker

Cyburbian
Messages
3,890
Points
26
giff57 wrote:
In Iowa, outdoor sales requires a special permit from the state, and as part of that permit, the city has to approve of the location. The zoning doesn't matter, the City Council can deny or approve those at will.
So if the state decided that they will allow outdoor sales, the city council can trump the states decision and say no.. we don't want the beer garden here because of x, y, z?

The beer garden was to be an expansion onto an already existing bar.
 

el Guapo

Capitalist
Messages
5,984
Points
29
A god given right.

Americans have a God given right to drink beer outdoors while listening to polka music. And that's all I'm gonna say about that.
 

giff57

Corn Burning Fool
Staff member
Moderator
Messages
5,408
Points
32
boiker wrote:


So if the state decided that they will allow outdoor sales, the city council can trump the states decision and say no.. we don't want the beer garden here because of x, y, z?
Exactly, the city council can deny and even revoke any permit. They probably need good cause in order not to be sued, but public safety concerns usually work
 

mike gurnee

Cyburbian
Messages
3,066
Points
30
We were having a huge problem with taverns, and more and more were in the works. Problems were over crowded buildings and parking lots, noise, the usual. Our revised zoning code makes taverns, lounges, nightclubs, and dance halls conditional uses. Any expansion of existing facilities would have to go through the process. The board in this past year has denied two that were adjacent to residential areas, and approved two in non-residential settings (well, what is a jail?).
A bar integrally part of a restaurant is not subject to the regulations, is considered an accessory use.

If the state pre-empts zoning, you are out of luck. My dealings with four states have required state licenses, but local zoning still prevailed.
 

boiker

Cyburbian
Messages
3,890
Points
26
giff57 wrote:


Exactly, the city council can deny and even revoke any permit. They probably need good cause in order not to be sued, but public safety concerns usually work

that's a good check, because the city council denied the liquor license in the first place because of it's proximity to residential neighborhoods and the public saftey and QOL issues.

The state obviously didn't care and granted the license. So now, the beer garden can go through, provided it meets the zoning code.
 

Cardinal

Cyburbian
Messages
10,080
Points
34
Bars are a conditional use to begin with. A license is required to have live entertainment (college town - we've had our problems).
 
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