Memorandum

City of Lawrence

City Manager’s Office

TO:	David L. Corliss, City Manager
FROM:	Jonathan Douglass, City Clerk/Assistant to the City Manager
CC:	Kurt Schroeder, PDS Assistant Director – Development Services Barry Walthall, Building Safety Manager James King, Fire Medical Division Chief
DATE:	November 7, 2013
RE:	CMB License Inspection Requirements

Executive Summary

Recent software upgrades have given staff opportunities to review certain license and permit processing procedures. Cereal Malt Beverage (CMB) licenses are renewed annually at the end of the calendar year, and staff has identified redundant inspection requirements in the city code. Staff recommends removing these requirements from the city code in order to streamline the inspection process for both the applicants and city staff, while still maintaining protections for the public health and safety.

Background

Cereal Malt Beverage licensing in the State of Kansas is processed almost entirely at the local level, as opposed to Alcoholic Beverage licensing, which is mostly processed at the State level. CMB licenses are issued for on-premises consumption (bars and restaurants) and for off-premises consumption (retail sales at grocery and convenience stores). The city code currently requires inspections by “the Health Officer, the Code Enforcement Manager, the Fire Chief, the Chief of Police, or their duly authorized representatives,” before any CMB license may be issued.

Staff recommends removing the requirement for inspection by the Fire Chief and Code Enforcement Manager. All commercial establishments, including both on-premises and off-premises CMB license holders, already receive annual inspections by city or state fire protection agencies. They are inspected for life safety issues including occupancy, exits, emergency lighting, fire extinguishers, etc. The requirement for inspection during the CMB application/renewal process is therefore redundant.

Staff also recommends removing the requirement for inspection by the Code Enforcement Manager because this inspection does not seem to add significant value. The fire inspection already addresses the major life safety issues. Furthermore, no similar commercial establishments, not even drinking establishments or retail liquor stores, receive regularly scheduled inspections by Code Enforcement after a certificate of occupancy is issued. Inspections are still possible on a complaint basis, and if Code Enforcement feels there is a need to inspect but the owner or tenant is unwilling to consent to said inspection, staff may still pursue an administrative search warrant to conduct the inspection.

Recommendation

Staff recommends adoption of Ordinance No. 8940, which would remove from the City Code redundant inspection requirements regarding Cereal Malt Beverage licenses.

ACTION:      Adopt on first reading, Ordinance No. 8940, removing redundant inspection requirements related to Cereal Malt Beverage licenses.