[bouldercouncilhotline] Hotline: Additional first reading questions on breweries in industrial zones

[kohls at bouldercolorado.gov]

Sender: Wilson, Ken

At council last night we discussed questions on the application of a 500 ft rule for breweries that operate restaurants, bars, and tap rooms near schools.  I would like to add the following comments and questions to those that we expressed last night.

The zoning revisions proposed for distilleries, wineries, and breweries are aimed at establishing a new tourist industry and attracting residents and workers to more elaborate "tap rooms" than are now possible by turning them into bars/restaurants. While it is good to offer food with alcohol, the implications of including large scale restaurants/bars in industrial zones should be thought out carefully. The zoning changes could, in the near future, result in a concentration of large establishments serving alcohol in areas that would be difficult to police. The statistics on the growth of breweries presented in the packet convince me that this could be an extremely successful type of tourism, and it is already proving popular with Boulder residents who enjoy visiting tap rooms. While the expansion of this type of business would be good for Boulder's economy, it should be managed with great care. Passing an ordinance that is not carefully thought out could result in serious problems for the health and safety of our community.


 *   SIZE: Should we limit the size of these retail operations? It is not clear that parking regulations alone would do this job. The base size of a brewery, winery, or distillery in the amended Table 6-1 of the proposed ordinance is 15,000 s.f. (3F p.17). Under 3.5 (A) of the proposed ordinance, the size of the restaurant/bar would be limited to a maximum of 1,000 s.f. or 30% of the total floor area of the facility (3F p.21). At 30%, a 15,000 s.f. brewery could have a 4,500 s.f. restaurant/bar. The companies lobbying for this ordinance mentioned using the establishments as venues for weddings, events, and parties. The crowds for these private parties could be very large. On-premise alcohol sales are very lucrative, so there is a good chance that these new restaurant/bars will be heavily advertised and consequently well patronized.
 *   HOURS OF OPERATION: Should we limit the hours of operation?  Will hours of service under state law (7:00 a.m. to 2:00 a.m. for on-premise consumption and 8:00 a.m. until midnight for off-premise liquor stores and 5:00 a.m. until midnight for 3.2 beer sales) will govern these establishments. If not, a 5:00 a.m. start means they will be selling alcohol before anyone else in the city with the exception of 3.2 beer licensees. The biggest concern is closing time. Should would consider taking out the allowance for post 11:00 p.m. sales after Use Review. If large establishments located on the edges of town are closing at the same time as bars downtown and on the Hill, the city will need an increase in the size of the police force to manage "bar close" at these new, large venues. Also, shold we make sure the "use may operate until" wording in the ordinance (3.5 (C)) is not confused or replaced by the word "closing" because closing means the last person into an establishment under Boulder's zoning definitions.
 *   CONCENTRATION: Should we consider limiting the number of breweries, wineries, distilleries in any one industrial park to balance the use of industrial space with other businesses and too avoid an over-concentration of establishments serving alcohol in areas that are more difficult to police. A concentration on alcohol related businesses is highly likely because the City wants to develop this as a tourist attraction. The closer the establishments, the easier it would be for tourists or residents to patronize more than one establishment on a "tasting tour." A heavy concentration of these restaurant/bars would make industrial parks drinking destinations in the same way the concentration of bars downtown has made the Pearl Street area a drinking destination for Boulder County and beyond. How would we police large drinking destinations in industrial zones without many more police.
 *   OVER SERVICE: When the Responsible Hospitality Institute held it's conference in Boulder in 2007, participants noted that Boulder had a "culture of over service." Nothing has changed since then. We still have significant problems with over service in our bars and restaurants. Over service would be even more likely in establishments like these that are dedicated to promoting their products to what they hope will be new long-term customers. How do we intend to manage this issue with the breweries?
 *
 *   Problems at existing establishments:  I would like staff to ask the Police Department whether we have had problems at existing tap rooms and restaurants at breweries.  Further, could we get some information from the State on wider experience with problems from these types of establishments.

I appreciate staff's help with this.



Ken Wilson