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LEGAL DEPARTMENT MEMORANDUM <br /> No. 2012-13 <br /> December 13, 2012 <br /> TO: Honorable Mayor Michael T. McElroy and City Council <br /> FROM: Ryan P. McCrady, City Manager <br /> Wendy Morthland, Corporation Counsel <br /> Billy Tyus, Assistant City Manager <br /> SUBJECT: Class M Liquor License <br /> RECOMMENDATION: City staff recommends approval of an ordinance authorizing <br /> the creation of a new, Class M liquor license classification. <br /> BACKGROUND: As you know, the Decatur Municipal Code governs the licensing of <br /> establishments that sell liquor and other alcohol-based beverages in the community. Over <br /> the years, changes to the local development environment and the community have <br /> sometimes facilitated the need for changes to the types of licenses available for use, <br /> changes that we are identifying as we work through a review of our local code. This new <br /> classification would create a very strict license, the receipt of which would be governed <br /> by the following conditions: <br /> - A Class M license would only be allowed for businesses of 15,000 square feet <br /> or more with an investment of at least $1 million. It would allow for off-site <br /> consumption only with the exception of certain special events as allowed by <br /> statute. <br /> - The license could only be located in one of the two zoning classifications that <br /> call for "planned developments" — the B-3 Planned Shopping Center District <br /> and a Planned Development District. Planned Development districts, among <br /> other things, permit multiple land uses on the same site and are designed and <br /> built to higher aesthetic standards. Development in the PD zone will be <br /> subject to intensive review and will be subject to the terms of a development <br /> order approved by City Council. Projects within B-3 Planned Shopping Center <br /> Districts must be laid out and developed as a unit according to an approved <br /> plan in order to provide for modern retail shopping facilities. <br /> - The license could not be transferred and would be applicable to the approved <br /> licensee only. <br /> - The Class M license would not allow for the use of drive-thru facilities. <br /> STAFF REFERENCE: Additional questions can be forwarded to Ryan McCrady at <br /> rmccradykdecaturil.gov or 217-424-2801, Wendy Morthland at <br /> wmorthlandkdecaturil.gov or 217-424-2807 or Billy Tyus at btyuskdecaturil.gov or <br /> 217-424-2727. <br /> BUDGET & TIME IMPLICATIONS: None <br />