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Home My WebLink AboutResolutions 22-01-580 - 01/19/2022 - Moratorium-Craft BeerI STATE OF GEORGIA RESOLUTION NO. I'` u-- U 1 - SS O COUNTY OF FULTON RESOLUTION OF THE CITY OF MILTON EXTENDING EXISTING MORATORIUMS ON THE ACCEPTANCE OF NEW ALCOHOL APPLICATIONS FOR CRAFT BEER AND/OR WINE MARKETS, LIMITED TAP ESTABLISHMENTS, LIMITED SERVICE RESTAURANTS, BREWERIES, MICRO -BREWERIES, DISTILLERIES, MICRO -DISTILLERIES, AND CONSUMPTION ON -PREMISES OTHER THAN INCIDENTAL SERVICE, BYOB, FARM WINERIES, GOLF COURSES, HOTELS, SPECIAL EVENTS FACILITIES OR EATING ESTABLISHMENTS IN THE CITY OF MILTON, AND ON THE ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT PERMITS, BUILDING PERMITS, REZONINGS, MODIFICATIONS, VARIANCES, USE PERMITS, WARRANTS, OR ANY OTHER PERMIT PROVIDED IN THE ZONING ORDINANCE FOR USE OF PROPERTY FOR CRAFT BEER AND/OR WINE MARKETS, LIMITED TAP ESTABLISHMENTS, LIMITED SERVICE RESTAURANTS, BREWERIES, MICRO -BREWERIES, DISTILLERIES, MICRO - DISTILLERIES, AND CONSUMPTION ON -PREMISES OTHER THAN INCIDENTAL SERVICE, BYOB, FARM WINERIES, GOLF COURSES, HOTELS, SPECIAL EVENTS FACILITIES OR EATING ESTABLISHMENTS IN THE CITY OF MILTON WHEREAS, the City of Milton, Georgia ("City") is a duly formed political subdivision of the State of Georgia, with all the powers attendant thereto; and WHEREAS, the City desires to modify its alcoholic beverages code and zoning ordinance regarding Consumption On -Premises establishments that do not qualify as an Eating Establishment and where such establishments may be located; and WHEREAS, on October 4, 2021, the City instituted and imposed a moratorium (the "Licensing Moratorium") on the acceptance of alcohol license applications for Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants within the City for one -hundred twenty (120) days in order to preserve and maintain the status quo, while allowing the City sufficient time to draft amendments to its alcoholic beverages code regarding Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants without such I uses becoming licensed until the alcoholic beverage code amendment process occurs; and WHEREAS, on December 20, 2021, the City instituted and imposed an emergency ' moratorium (the "Land Use Moratorium") on the acceptance of new alcohol license applications for Breweries, Micro -Breweries, Distilleries, Micro -Distilleries, and Consumption On -Premises other than Incidental Service, BYOB, Farm Wineries, Golf Courses, Hotels, Special Events Facilities or Eating Establishments, and acceptance of applications for development permits, building permits, rezonings, modifications, variances, use permits, warrants, or any other permit provided in the zoning ordinance ("Land Use Permits") for use of property for Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants, Breweries, Micro - Breweries, Distilleries, Micro -Distilleries, and Consumption On -Premises other than Incidental Service, BYOB, Farm Wineries, Golf Courses, Hotels, Special Events Facilities or Eating Establishments in the City of Milton, for 32 days in order to preserve the status quo while the City drafts and considers possible amendments to its alcoholic beverages code and zoning ordinance ' regarding Consumption On -Premises establishments that do not qualify as an Eating Establishment and where such establishments may be located; and WHEREAS, the City finds that the Licensing Moratorium and the Land Use Moratorium cover similar subjects and are intended to work in conjunction with each other; and WHEREAS, the City conducted a properly noticed public hearing on January 19, 2022 to consider possible extension and consolidation of the Licensing Moratorium and the Land Use Moratorium; and WHEREAS, the City finds that instituting a longer combined moratorium will preserve and maintain the status quo, while allowing the City sufficient time to prepare revisions and modifications to its alcoholic beverages code and zoning ordinance; and ' WHEREAS, the City finds that extension of both the Licensing Moratorium and the Land Use Moratorium through and including May 19, 2022, and consolidation of the Licensing Moratorium and the Land Use Moratorium into a single, combined moratorium, is the least restrictive means available, is a reasonable and necessary use of the City's police power, and is in the best interest of the public health, safety and welfare; and WHEREAS, the new combined moratorium shall not be construed as to prohibit consideration of alcohol license applications or Land Use Permit applications submitted prior to the original adoption of the Licensing Moratorium or the Land Use Moratorium (where the applicable moratorium would have otherwise prohibited submission of such application), nor to applications for the renewal of existing alcohol licenses; NOW THEREFORE, BE IT RESOLVED, ' 1. The City of Milton hereby extends the Licensing Moratorium and the Land Use Moratorium though and including May 19, 2022, and combines them into a single moratorium (the "Combined Moratorium") barring acceptance of new alcohol license applications for Craft Beer and/or Wine Markets, Limited Tap Establishments, Limited Service Restaurants, Breweries, Micro -Breweries, Distilleries, Micro -Distilleries, and Consumption On -Premises Breweries, Micro - Breweries, Distilleries, Micro -Distilleries, and Consumption On -Premises other than Incidental Service, BYOB, Farm Wineries, Golf Courses, Hotels, Special Events Facilities or Eating Establishments, and also barring acceptance of applications for Land Use Permits for use of property for Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants, Breweries, I Micro-Breweries, Distilleries, Micro -Distilleries, and Consumption On -Premises 2. 3. other than Incidental Service, BYOB, Farm Wineries, Golf Courses, Hotels, I Special Events Facilities or Eating Establishments in the City of Milton; and If not renewed or extended by the City Council following a public hearing, the Combined Moratorium imposed by this Resolution shall terminate upon the earliest date of. (1) May 19, 2022; (2) adoption of an amendment to the alcohol beverage code regarding Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants, Breweries, Micro -Breweries, Distilleries, Micro - Distilleries, and Consumption On -Premises, other than Incidental Service, BYOB, Farm Wineries, Golf Courses, Hotels, Special Events Facilities or Eating Establishments, along with an amendment to the zoning ordinance regarding use of property for Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants, Breweries, Micro -Breweries, Distilleries, Micro- ' Distilleries, or Consumption On -Premises other than Incidental Service, BYOB, Farm Wineries, Golf Courses, Hotels, Special Events Facilities or Eating Establishments in the City of Milton, as contemplated herein; or (3) action by the City Council otherwise terminating this Combined Moratorium. In recognition of the distinct yet related permitting processes associated with the operation of businesses involving the sales and/or service of alcohol, notwithstanding anything to the contrary herein, this Combined Moratorium shall not prevent the holders of alcohol licenses or applicants that have submitted applications for such licenses prior to the original adoption of the Land Use Moratorium from also submitting applications for, pursuing and obtaining Land Use Permits associated with operating on or using property consistent with such I ' existing alcoholic beverage licenses; nor shall this Combined Moratorium prevent the holders of Land Use Permits specifically identifying operation on or use of property consistent with alcoholic beverage licenses or applicants that have submitted applications for such Land Use Permits prior to the original adoption of either the Licensing Moratorium or the Land Use Moratorium (where the applicable moratorium would have otherwise prohibited submission of such application), be prevented from applying for alcohol licenses consistent with the approved and or applied for Land Use Permits. SO RESOLVED, the public health, safety and welfare demanding it, this 19a' day of January, 2022. Approved: Peyton ison, Mayor Attest: