P&Z Considering Retail Alcohol Sales Rule Revisions

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members are considering revising the town’s zoning regulations on retail alcohol sales to more explicitly state what is allowed, and what is prohibited, in such commerce.

The alcohol sales rule revisions are part on an ongoing general revision of the town’s zoning regulations, which the P&Z undertook after its 2004 revision of the Town Plan of Conservation and Development.

P&Z members discussed proposed retail alcohol sales rule revisions at a May 5 public hearing, at which no member of the public spoke on the topic.

The stated purpose and intent of the proposed rule revisions is to ensure that bars and package stores, whose primary business involves the sale of alcoholic beverages for consumption by adults, are not concentrated in any location.

The revised rules would not apply to wholesale alcoholic beverage distributors, to stores that sell canned or bottled beer only, to drug stores selling liquor as a prescription only, and to full-service restaurants.

Community Development Director Elizabeth Stocker said the proposed rule revisions would provide more explicit definitions to better differentiate the various types of businesses that sell alcohol. The current regulations on retail alcohol sales are somewhat ambiguous.

As currently proposed, the revised zoning regulations would eliminate the existing physical separation distance requirements for “full-service restaurants” that incidentally sell alcohol, she said.

At the May 5 session, P&Z members discussed the distinctions to be drawn between the various types of businesses that sell alcohol in seeking to formulate rules that explicitly state what would be allowed, and what would be prohibited in terms of retail alcohol sales.

After some discussion, P&Z members decided that the currently proposed rule revisions might pose some interpretational problems, prompting them to decide that the revisions should be reworked for the sake of specificity and clarity.

Ms Stocker said she expects that a new version of the proposed rule revisions will be formulated and then discussed by P&Z members before any rule changes are enacted.

The proposed rule revisions would keep in force existing requirements that package stores and bars must be at least 300 feet away from the property lines of schools and churches.

Additionally, the rule revisions would keep in force a requirement that package stores and bars must be at least 1,500 feet away from any other existing package stores or bars.

Under the existing zoning regulations, the Sandy Hook Design District (SHDD) zone in Sandy Hook Center is considered a “special case,” within which certain alcohol sales restrictions do not apply.

P&Z members decided to continue the public hearing on retail alcohol sales to a future session, at which they will review comments made on the proposals by the regional planning agencies in the area.