Liquor license ordinance changes approved
By Dana Casadei
Amendments to zoning ordinances regarding retail package outlets and liquor license requirements for automobile service stations both passed by the Bloomfield Township Board of Trustees on Monday, November 11.
The amendment made to zoning ordinance 692 for retail package outlets passed quickly, with few questions and zero hesitation from the board. The changes will amend the use standards for retail package outlets by eliminating the current provision for Specially Designated Distributor (SDD) licenses not exceeding one for every 3,000 population as it is criteria regulated by the Michigan Liquor Control Commission (MLCC) and not the municipality. That same state SDD criteria now allows for licenses to be transferred from one municipality to another as long as it’s in the same county, and this can at times impact the original SDD quota.
Patti Voelker, director of building, planning & ordinance, spoke about how the proposed amendment would help make that ordinance more relevant and correct the use standards.
While getting zoning ordinance 692 amended was quick and easy, doing the same for zoning ordinance 690 – which will adjust the liquor license requirements for gas stations in the township – brought about much more discussion, from those who spoke at the evening’s public hearing and among the board as well.
Those who spoke during the public hearing ranged from to Edward Toma, hearing commissioner for the MLCC, to a now familiar face at Bloomfield Township meetings, Chris Barbat, a member of the Barbat Organization and owner of several local gas stations, including in Bloomfield Township.
Both spoke about how much they hoped this would go through and the good it would bring to the community, although Barbat did argue that these proposed amendments were too restrictive.
Barbat wasn’t the only one who thought so.
“This is a highly regulated industry… I think we are over-regulating it based on its proposed ordinances and restrictive to our businesses. We are unnecessarily restricting commerce and it bothers me,” said treasurer Michael Schostak, one of the most outspoken members ofnthe amendments. “I’m all for protecting the community but I think we’re being a tad restrictive unnecessarily.”
The list of proposed amendments to the current zoning ordinance that did pass include revising the distance from the point of sale and fuel dispenser from 50 feet to five feet, therefore aligning with the requirements from the state; changing the minimum building size requirement from 4,000 square feet to half that at 2,000-square-feet; no drive-through operation is conducted within the same building as the sale of alcohol; adjusting the parking standard from one space for every 200 square feet to one space every 300; completely eliminating the minimum lot size of one acre and maintain the current land area of .51 acres, which is required for all gas stations; frontage on a major thoroughfare exists for ingress and egress; no commercial vehicle service operations can take place at the gas station where customers could wait on the premises for service or repair to take place; the property is not adjacent to residential zoned property; the sale of single serve beverages containing alcohol is prohibited, including 50 ml (1.67 oz.) mini alcohol bottles; adding the minimum of 750 feet distance to any school to stay consistent with the retail package outlets requirements; and lastly, eliminating the provision for SDD licenses to not exceed one for every 3,000 reisents.
This last point is a criteria regulated by the MLCC, and the current state SDD provisions now allow for licenses to be transferred from another municipality.
On top of that list the stations also need a license issued by the MLCC and must either be located in a neighborhood shopping center that’s composed of one or more commercial establishments, and/or have a minimum inventory of $250,000 on the premise, which does not include alcoholic beverages or motor vehicle fuel. These points are the same as the zoning ordinance is currently written.
Schostak suggested they get rid of multiple amendments that were being proposed, including not allowing the sale of mini alcohol bottles, and the amendment that does not allow for auto repair shops with gas stations to apply for the SDD or SDM license, the latter amendment came up during the public hearing from a resident who owns a gas station with an auto repair shop. His hopes for having the language changed so all gas station owners could be on the same playing field to get an alcohol license did not come to fruition.
It was also later suggested that an adjustment be considered for the amendment that does not allow for drive-through operations to be conducted within the same facility. This would have allowed for them to sell alcohol just not through the drive through.
Schostak was quickly met with opposition from almost every other board member with the majority of his suggestions. Many of his fellow board members wanted these restrictions to stay stringent, and a few who said they would not vote for it if Schostak’s suggestions had been made to the amendments.
“I think it’s a great proposal, but I oppose all the changes that Michael is suggesting,” said trustee Neal Barnett, who has been a part of this process through his time on the board and the planning commission.
If the board had decided to get rid of some of the amendments, this would have brought about procedural concerns for the zoning ordnance too, considering the amendments had already gone in front of and been approved by the planning commission, and presented publicly. They would have needed to republish the amendments for another public hearing if they were to have been removed.
For those thinking the proposed amendments that passed are restrictive, they’re less so than the current zoning ordnance for gas stations looking to obtain a license to sell alcohol.
As of last spring, Bloomfield Township had never had one of its gas stations submit a site plan application for a liquor license, causing the board of trustees to wonder why. They asked Voelker and her team to see why that was.
With the current standards only three of the township’s 12 gas stations even qualify to be able to apply.
The new amendments will allow for a few more of Bloomfield Township gas stations to obtain either a SDD or SDM license to sell alcohol.
“As we try to expand our network, this is a great start,” said trustee Chris Kolinski.
Kolinski then suggested that when the time is right they could take baby steps with this zoning ordinance to make adjustments, and tread into this slowly. Both he and multiple board members said they would be happy to support the zoning ordnance changes as presented.
The zoning ordinance amendments for gas stations obtaining a liquor license passed unanimously as written.
