HomeMy WebLinkAboutResolutions 21-12-574A - 12/20/2021 - Emergency Moratorium - Alcohol Applications for Breweries, Micro-Breweries, ...STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. R J...I-IJ -5'1tf,1-
RESOLUTION OF THE CITY OF MILTON ENACTING AN EMERGENCY
MORATORIUM ON THE ACCEPTANCE OF NEW ALCOHOL 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 FOR USE OF PROPERTY FOR CRAFT BEER
AND/OR WINE MARKETS, LIMITED TAP ESTABLISHMENTS, LIMITED SERVICE
RESTAURANTS, AND CONSUMPTION ON PREMISES OTHER THAN INCIDENT AL
SERVICE, BYOB, FARM WINERIES. GOLF COURSES, HOTELS, SPECIAL EVENTS
FACILITES 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 Breweries , Micro-Breweries, Distilleries , Micro-Distilleries, and 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 instit uted and imposed a moratorium (the
"Licensing Moratorium") on the acceptance of alcohol 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 , the City finds that adding a moratorium on ne w applications for alcohol
licenses for Breweries , Micro-Breweries , Distill eries , Micro-Distilleries , and Consumption On-
Premises other than Incidental Service , B YOB , Farm Wineries , Gol f Courses , Hotels , Special
Events Facilities or Eating Establishment s, and acceptance of applications for de velopment
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 , Gol f Courses , Hotels , Special Events Facilities or
Eating Establishments in the City of Milton , will further preserve the status quo while the City
drafts and considers possible amendments to its alcoholic be verages code and zoning ordinance
regarding Consumption On-Premises establishments that do not quali fy as an Eating
Establishment and where such establishments may be located ; and
WHEREAS , the City finds that an emergency thirty (32 ) day Moratorium on acceptance
of new alcohol applications for 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 , and 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-Bre weries , 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 , is in the best
interest of the public and is a reasonable and necessary use of the Ci ty's police power ; and
WHEREAS, the moratorium on 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 Land Use Permits for use of property
for Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service
Restaurants , limited service restaurants , Breweries , Micro-Breweries , Distilleries , Micro-
Distilleries, and Consumption On-Premises other than Incidental Service , BYOB , Farm Wineries ,
Golf Courses , Hotels , Special Eve nt s Facilities or Eating Establishments in the City of Milton,
shall not be construed as to prohibit consideration of alcohol license applications or Land Use
Permit applications submitted prior to the passage of this Resolution , nor to applications for the
renewal of existing alcohol licenses;
NOW THEREFORE, BE IT RESOLVED ,
1. The City of Milton hereby adopts a supplemental , emergency thirty (32) day
moratorium barring 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 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 ("Supplemental
Moratorium"), which shall supplement and be in addition to the existing Licensing
Moratorium; and
2. If not renewed or extended by the City Council following a public hearing, this
Supplemental Moratorium imposed by this Resolution shall terminate upon any of
the following: (1) the passage of thirty (32) days from adoption of this Resolution
( on January 21, 2022); (2) adoption of an amendment to the alcohol beverage code
regarding 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, or 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
Supplemental 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 Supplemental Moratorium
shall not prevent the holders of alcohol licenses or applicants that have submitted
applications for such licenses prior to the passage of this Resolution, 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 Supplemental 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 passage of this Resolution, 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 20 th day of
December, 2021.
Approved :
Attest: