Council remands conditional-use permit decision back to Board of Adjustment after dispute over BYOB restriction

The City Council voted to remand a conditional-use permit matter back to the Board of Adjustment to allow the applicant to formally withdraw or seek reconsideration of a restriction that would have barred "bring your own beverage" (BYOB) Sunday through Thursday while allowing alcohol sales Friday and Saturday. City staff said the applicant had originally asked for a seven-day liquor license and that the Board of Adjustment had limited on-premises alcohol sales to Friday and Saturday and restricted BYOB during the other days; staff said the applicant subsequently sought to withdraw the application, which requires remand to the Board of Adjustment. Council members expressed reservations about whether the BYOB restriction on private property is enforceable and noted that the practical effect might be to push private parties outside of regulatory reach. One council member said, "I don't think it's enforceable. You can't tell me on my property if I wanna have a party in the backyard as long as I control what's going on." Staff recommended remanding the item so the Board of Adjustment could address withdrawal or reconsideration at that level. A council member moved to remand the application to the Board of Adjustment; the motion passed on the council floor (recorded vote: Moore — aye; O'Kane — aye; Chaner — aye; Scott — no; Waters — aye) and the item will return to the Board of Adjustment for further action. Staff noted that if the board declines a withdrawal, the applicant would retain the right to pursue administrative or legal remedies.