Planning director: liquor store at 5001 Patel Drive opened without certificate of use; church move changed distance calculation

Planning Department officials updated District 10 residents on the status of a liquor store that opened at 5001 Patel Drive without a certificate of use.

Rick James, director of planning and development, said inspectors found the business operating without the city-required certificate. City staff fined the business for code violations while working with the owner; the department required a certified distance survey to check the 500-foot rule that restricts liquor sales near churches and schools. James said the survey showed a daycare was outside the 500-foot threshold but that a nearby church had been within it. Because the church’s lease expired and the church moved, James said, the church was no longer in that location and the planning department ultimately issued the certificate of use.

"Had that church stayed in that location, I would not have issued the COU," James said at the meeting. He added that the business accumulated fines for earlier violations and that the city’s legal options to close a business without the COU are limited; he said code enforcement pursued fines and other remedies while planning worked on long-term code changes.

Erin (current planning) told residents the planning office and the council member are preparing proposed code amendments that could increase distance limits between liquor outlets and churches and schools, add spacing requirements between liquor stores, and review which zoning districts allow liquor sales as a by-right use. The department said it will return to the community to solicit input on draft changes before submitting legislation to the committee and council.

Thomas Register, a code enforcement official, introduced himself and said his office had issued citations related to signage and other violations while inspectors reviewed the business.

Residents in the meeting pressed city staff on notification processes and on whether notices are sent for by-right uses; planning staff clarified that the city does not mail broad notices for uses that are allowed by right and compliant with code, and that public notice is required only when a conditional use or exception is requested.

Ending: The liquor store remains subject to fines from earlier violations; planning staff said they will draft legislative changes for council consideration and return to the neighborhood for input on the proposed code amendments.