Rexburg asks city attorney to review beer-and-wine proximity rules after restaurant appeal
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Summary
A restaurant owner’s request to allow beer-and-wine sales near college dormitories prompted council direction to have legal counsel examine Ordinance 11-28 for conflicts with Idaho law and recommend defensible options, such as zoning-based controls.
A restaurant owner seeking a beer-and-wine license prompted a council discussion about whether Rexburg’s proximity rules are lawful and enforceable.
Staff relayed that the owner’s proposed premises in a commercial building met the required separation from a nearby church but was within 200 feet of college dormitory housing. The city code’s 200-foot proximity prohibition currently includes college dormitories as a protected use, blocking the license.
City Attorney Spencer advised the council that Idaho law does not impose a blanket proximity restriction for beer retailers and cautioned that enforcing alcohol rules by proximity to changeable uses (such as a later-opened studio, school or dorm) could create legal vulnerabilities. He recommended legal staff examine the ordinance and consider regulating alcohol access by zoning categories in a way that is defensible under state code. Council member Erickson noted nearby municipalities use different language and the council asked legal counsel to present recommended revisions.
Council authorized the legal department to review Ordinance 11-28 and return with suggested code changes and an explanation of pros and cons for zoning-based regulation. Member Barnard cautioned that opening the ordinance for amendment could affect other provisions, and the attorney said any proposed changes would be brought back to the council for consideration.