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Staff finds licensing error that frees a distilled spirits package slot; council discusses ordinance and business friendliness
Summary
City staff told the council Oct. 20 that a records error reduced the count of distilled spirits package (retail) licenses from seven to six, allowing a prospective applicant to apply for the seventh license. Council members discussed proximity rules for alcohol sales and business-friendly approaches but took no ordinance action.
Forest Park — City staff told the Forest Park Mayor and Council on Oct. 20 that a review of alcohol licensing records uncovered an error that reduced the city’s count of distilled spirits package licenses, opening a slot for a prospective applicant.
Under the city’s licensing ordinance — recorded in the meeting materials as Title 9, Licensing and Regulation, Chapter 2, Alcoholic Beverages, Article C (section 9-2-52) — the number of wholesale and retail distilled spirits package licenses is capped based on population. Staff said the combined maximum permitted licenses is seven, with additional licenses tied to population growth beyond a threshold of 21,000 residents.
The licensing item was prompted by recent inquiries from prospective applicants who were told the allowable number had been reached. "It is correct that the city only allows 7 licenses as maximum. However, in reviewing the licenses that were issued, staff was able to find that there was an error regarding 1 of the licenses, which opens it up for this particular applicant," a planning or licensing staff member told the council.
Council members discussed two related issues: whether to expand the ceiling on licenses in the long term and an older proximity ordinance that restricts alcohol sales near religious institutions. Councilman Mears and others described businesses that have operated for decades without issue and urged a business-friendly approach, while other council members asked staff to review the proximity restrictions and present whether those rules remain appropriate.
Staff said the immediate application issue has been resolved and the applicant may proceed to apply for the now-available license. The council did not introduce or adopt amendments to the licensing ordinance at the Oct. 20 meeting. Staff said any future change to the license cap or proximity rules would require a formal ordinance amendment and additional review.
Council members urged staff to return with options and background on the church-proximity provision and the process to adjust the population-based cap if councilors wish to pursue that path.
No vote was required to resolve the immediate application because staff corrected the records. Council direction: staff to research the proximity restriction and possible policy adjustments and report back.
