CASE NUMBER: PZ 22 - 021
APPLICANT: Maxine Brown, Special Blends Mobile Bartending School.
VARIANCE REQUEST: Sections 3-126 and 3-120 of the Code of Ordinances concerning percentage of sales for alcohol pouring and distance separation requirements to church and residences.
LOCATION: 4110 Austell Powder Springs Rd, Ste 220. Within Land Lot 946, 19th District, 2nd Section, Cobb County, Georgia.
ZONING: CRC PIN: 19094600260
Staff Recommendation: APPROVAL
BACKGROUND: Special Blends Mobile Bartending opened its operation at the referenced location in 2021, for the purpose of operating a bartending school, and as the base of operations for the mobile bartending business. The Special Events Alcohol License was appropriate at the time since the applicant was hosting private events by invitation only and was not selling alcoholic beverages by the drink. Ms. Brown wishes to request an alcohol pouring license as she has found that the special event license limits her operation. The purpose of the pouring license, and the requested variances is to allow Ms. Brown to:
1. Serve alcohol at catered events, associated with a catering license.
2. Host ticketed events at the Special Blends business location at 4110 Austell Powder Springs Road.
3. Accept deliveries from alcohol distributoin directly at her business location, instead of at the special event location.
4. Retain surplus alcohol from special events for use at her establishment or future events.
Section 3-120 of The Powder Springs Code of Ordinances requires the following minimum distance separation from certain locations:
For a license for pouring distilled spirits, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church, or residence.
Section 3-126 provides that a minimum of 30% of the revenue must be from the sale of food. Specialty Blends will not operate as a restaurant in any capacity, nor will they sell alcoholic beverages by the drink to attendees at events hosted at the business location.
No alcoholic beverage pouring license shall be issued to, or held by, any applicant unless at least thirty (30) percent of the business by volume, when considering the total of sales from alcoholic beverages and food consumed on the premises shall be from the sale of food prepared on the premises of this establishment.
SURROUNDING AREA
Specialty Blends occupies a suite next door to the Domino’s Pizza at the Powder Springs Shopping Plaza on Austell Powder Springs Road. The site is zoned CRC and is located along a predominantly commercial corridor. The following church, or school, or residence are located within the minimum distances specified in the Code of Ordinances Sec. 3-120, as shown in figure 1:
Church A. Word of Life Church located at 4144 Old Austell Road. 400’ via pedestrian route and 380’ via a straight line.
Church B. Emerge at Riverside Church. 475’ via pedestrian route and 380’ via a straight line.
Residence. House located at 4186 Austell Powder Springs Road. 307’ via pedestrian route and 157’ via a straight line.
Code of Ordinances Sec. 3-120. - Distance from certain locations. Item F:
The distance requirements of this section may be waived by the mayor and City Council, to the extent authorized by law and on such conditions as may be appropriate, where application of the requirements would cause a hardship to the licensee that outweighs the purposes of this section. In determining whether to grant a waiver under this subsection, the following shall be considered:
(1) The nature and extent of the hardship.
(2) The characteristics of the zoning district and the property in which the premises are located.
(3) The degree of visibility of the premises from the church, school, or residence, including consideration of landscape and other buffers, either existing or to be installed.
(4) The distance from the nearest structure of a school, church, or residence to the closest property line of the premises.
(5) The relative impact of traffic and parking activity on the school, church, or residence generated by the sale of alcoholic beverages.
ANALYSIS:
The application was reviewed against the following criteria:
Any applicant requesting consideration of a variance to any provision of this development code shall provide a written justification that one or more of the following condition(s) exist. The governing body shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:
1. There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.
There are no extraordinary difficulties pertaining to this property
2. A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.
A literal interpretation would result in Ms. Brown not maximizing the full potential of the business operation.
As it relates to distance separation - there are two churches and a residence within the 600’ minimum distance separation, but Specialty Blends’ entrance is not visible from those locations.
As it relates to food sales, the applicant does not intend to operate a bar, nor provide the sale of alcoholic beverages by the drink. The alcohol license is necessary to allow for the more efficient operation of her mobile bartending and special events business, and to allow for the pouring at ticketed events at the business location, and to allow her to cater alcohol.
3. Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located.
Other holders of alcohol pouring license in the area are subject to the distance separation, and minimum food sales requirements of the Code of Ordinances. Granting this variance would provide relief from those requirements to the applicant and allow her to operate more efficiently.
4. The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare.
As it relates to the distance separation variance - The requested variance will not have a negative impact on general welfare. The applicant will not sell alcohol by the drink and will not be open to the general public, but rather only serving to ticketed patrons who are invited to private events at the business location. Also, the location is tucked into a section of the retail development that is not facing the main road and is not visible from the churches or residence nearby.
As it relates to the minimum food sales variance - The intent of the Code of Ordinances is to prohibit the operation of a bar. The applicant does not intend to operate a bar, nor sell alcohol by the drink to walk in patrons.
5. The special circumstances are not the result of the actions of the applicant.
No, these circumstances are not due to the fault of the applicant. As it related to distance separation requirements - The churches and residence in proximity predate the business being in its current location. As it related to the requirement for food - the applicant conducts a mobile bartending catering business, and a bartending school, and is not equipped to offer food service at the business location.
6. The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed.
The request variance is the minimum that would make possible the catering of alcohol at special event, the pouring of alcohol at the business location during ticketed events, and eliminate the inefficiency associated with alcohol distributors having to take back surplus alcohol or the shortage that might occur if the applicant underestimated the need for an event.
7. The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.
The requested variance does not allow a use otherwise prohibited in the zoning district.
STAFF RECOMMENDATION: APPROVAL with the following conditions:
1. The variances requested to waive the minimum distance separation requirements, and the minimum require percentage of food sale requirements, for establishments holding an Alcohol Pouring License, as provided by Sections 3-120 and 3-126 of the Code of Ordinances, are approved.
2. No alcoholic beverage shall be sold by the drink unless related to a separately issued caterer’s or special event license.
3. No alcoholic beverage shall be served to walk-in patrons who visit the business location outside of the hosting of a special event.
APPENDIX
I. Powder Springs Code of Ordinances: Section 3-120 and Section 3-126
Sec. 3-120. Distance from certain locations.
(a) It is the policy of the city that, in keeping with the purposes of this article, any premises proposed for license for the sale of or wholesale or manufacture of alcoholic beverages shall be at a suitable distance from a school, church, and residence, except for locations within one hundred (100) feet of the city square or for locations zoned Central Business District ("CBD"), which shall be exempt from the distance requirements of this chapter. Unless otherwise authorized to be reduced by an action of the mayor and City Council pursuant to such reservation under State law, the distances from schools, churches and residences shall comply with O.C.G.A. 3-3-21, and as may be amended from time to time.
(b) A suitable distance shall be as follows:
(1) For a license for package distilled spirits, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church, or residence.
(2) For a license for pouring distilled spirits, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church, or residence; provided, however, that in no event shall any part of the proposed premises be located closer than one hundred (100) feet from the property line of the school, church, or residence, as measured only for this purpose by a straight line from the nearest point of the premises to the property line of the school, church, park, public building, library, or residence.
(3) For a license for package wine and malt beverages, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church or residence; provided that the distance from a church or residence shall be waived when the applicant is a grocery store.
(4) For a license for pouring wine and malt beverages, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church or residence; provided, however, that in no event shall any part of the proposed premises be located closer than one hundred (100) feet from the property line of the school, church, park, public building, library, or residence, as measured only for this purpose by a straight line from the nearest point of the premises to the property line of the school, church, park, public building, library, or residence.
(5) For a license for wholesale, or for a license for manufacture, a suitable distance is six hundred (600) feet from a school, church or residence.
(c) Except as where specifically stated otherwise, the measurement of suitable distance shall be as defined in article I of this chapter.
(d) After issuance of any license, no change in the location of a customer entry shall be made which would affect compliance with any distance requirements of this article.
(e) An application for a new license on an existing licensed location, or on a previously licensed location for a period of one (1) year from expiration of the previous license to the date of application, shall not be required to comply with the distance requirements from a school, church or residence. An application filed under this section shall meet and qualify under all other requirements of this article for the granting of a new license.
(f) The distance requirements of this section may be waived by the mayor and City Council, to the extent authorized by law and on such conditions as may be appropriate, where application of the requirements would cause a hardship to the licensee that outweighs the purposes of this section. In determining whether to grant a waiver under this subsection, the following shall be considered:
(1) The nature and extent of the hardship.
(2) The characteristics of the zoning district and the property in which the premises are located.
(3) The degree of visibility of the premises from the church, school, or residence, including consideration of landscape and other buffers, either existing or to be installed.
(4) The distance from the nearest structure of a school, church, or residence to the closest property line of the premises.
(5) The relative impact of traffic and parking activity on the school, church, or residence generated by the sale of alcoholic beverages.
(Ord. No. 2000-30, 11-20-00; Ord. No. 2005-14, § 1, 5-16-05; Ord. No. 2015-016, § 6, 6-1-15; Ord. No. 2017-023, § 1, 9-18-17; Ord. No. 2018-002 , § 1(Exh. A), 1-16-18)
Sec. 3-126. Pouring requirements.
No alcoholic beverage pouring license shall be issued to, or held by, any applicant unless at least thirty (30) percent of the business by volume, when considering the total of sales from alcoholic beverages and food consumed on the premises shall be from the sale of food prepared on the premises of this establishment.
(1) All establishments licensed to pour alcoholic beverages shall submit an annual audit showing the sales of alcoholic beverages and food prepared on the premises and nonalcoholic drinks to the permits and licenses clerk no later than at the time of renewal for the coming license year.
(2) Authorized officials of the city may examine the records of applicants at any reasonable time to ascertain that the requirements of this section are met.
(3) The dining area or serving area of the applicant must have a minimum seating capacity of forty (40).
(Ord. No. 2000-30, 11-20-00;; Ord. No. 2017-012 , § 1, 5-1-17)