HomeMy WebLinkAboutResolutions 22-10-628 - 10/03/2022 - Moratorium - Acceptance of New Alcohol Applications for Craft Beer, etc ExtensionSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. R, - / - 6 a g
RESOLUTION OF THE CITY OF MILTON EXTENDING THE EXISTING
COMBINED MORATORIUM 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
' 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, on January 19, 2022 the City conducted a properly notice public hearing and
adopted a combined moratorium ("Combined Moratorium") extending the Licensing Moratorium
and the Land Use Moratorium though and including May 19, 2022, 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, 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
WHEREAS, on May 16, 2022, the City extended the Combined Moratorium through and
including June 21, 2022; and
WHEREAS, on June 20, 2022, the City extended the Combined Moratorium through and
including October 4, 2022; and
WHEREAS, the City continues to prepare revisions and modifications to its alcoholic
beverages code and zoning ordinance; and
WHEREAS, on October 3, 2022, the City conducted a properly advertised public hearing
on the possible extension of the Combined Moratorium; and
WHEREAS, the City finds that extending the Combined Moratorium will preserve and
maintain the status quo, while allowing the City sufficient time to further extend the Combined
Moratorium after a properly advertised public hearing in order to provide further time for the City
to prepare revisions and modifications to its alcoholic beverages code and zoning ordinance; and
WHEREAS, the City finds that extension of the Combined Moratorium through and
including November 22, 2022, 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 Combined Moratorium shall not be construed as to prohibit consideration
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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 Combined Moratorium though and including
November 22, 2022, 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
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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, 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
2. If not renewed or extended by the City Council following a public hearing, the
Combined Moratorium shall terminate upon the earliest date of: (1) November 22,
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
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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.
3. 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
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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
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
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applied for Land Use Permits.
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SO RESOLVED, the public health, safety and welfare demanding it, this 3`d day of
October, 2022.
Attest:
S
ity Clerk