Planning Commission moves forward with onsite consumption as a primary use
By MEGHAN BRADBURY
mbradbury@breezenewspapers.com The Planning Commission took a consensus to allow beer and wine for onsite consumption as a primary use — not independent on food sales — last week.
Deputy Planning Director Gabriel Quintas said they will add definitions related to the use and add an exception rather than rewriting the ratio, which would affect all current onsite consumption on the island, for the food to beverage sales ratio.
Planning Director Paula McMichael said the discussion-only item was requested by Island Time Wine, a retail wine shop that offers wine tastings and educational classes to learn about wine.
“Unfortunately, the way our code is written, the only way you can do consumption on premise is if you are a restaurant. If you have 51% of your sales from food, food service, or an association with entertainment complex,” McMichael said. “They did receive a conditional use permit for a restaurant in order to do consumption on premise.”
Unfortunately, she said as they looked into it and Island Time Wine was switching spaces, they realized they are not a restaurant and do not have 51% of their sales from food.
City Attorney John Agnew said no code enforcement action is being taken in the interim, that Island Time Wine can continue to operate.
“The item came up to city council, and city council sent it back to the Planning Commission for consideration for changing the regulations that would allow consumption on premise associated with a retail wine shop,” McMichael said.
The city drafted the language, but figured there was a much larger discussion to be had — what about beer, bars, and breweries?
“We wanted to open it for a larger discussion before we drafted code language for your consideration,” McMichael said.
Quintas said the city’s code has two exceptions for performing arts centers and live performance theaters that the sale of alcoholic beverages for on-premises consumption is solely permitted as an incidental use to the primary sale of food for consumption on site. He said it further requires it be limited to the maximum of 49% of the combined gross sales for food and beverage.
Planning Commission Chair Paul Nichols said they should be looking more broadly — beer and spirts — and looking longer term. Commissioner Tiffany Burns agreed that they should not write policy specific to one applicant, rather it needs to be broad, so the change is not made for just one situation.
Planning Commissioner Ken Colter asked why shouldn’t Sanibel be up to speed and have a place to socialize and have fun.
“I think it’s a great concept,” he said.
Colter said adding spirits is a whole different hill to climb, and does not think they should run that in the same envelop.
Planning Commissioner Lyman Welch said they should expand it to cover beer.
“You can drink beer and get some food, bring in food trucks,” he said. “This is a kind of use to allow on Sanibel — bring in beer and open up a branch place to serve beer in a beer garden type of scenario.”
Welch said they can allow something like that to fit into the character of the island.
Planning Commissioner Kate Sergeant said they should expand it beyond tasting.
“I think we should allow bars,” she said, adding that if there are extra hurdles for spirits, then the shop owner should cover those hurdles.
The commissioners also addressed if there should be a restriction on the distance between the businesses.
Welch said he would like staff to come back with a proposal to consider geographical restrictions, which would be short in distance, for having these operations located close to each other.
“That is the question a new business owner would ask themselves, ‘If it is feasible for me to open up a wine shop next to a wine shop that is already operating?’ I feel like we are limiting commerce. Somebody might think that is a good business model,” Vice Chair Erika Steiner said.
A consensus was taken that they should not put a restriction on the distance between.
Drew Arnold, co-owner of Island Time Wine, said he thought it was a good idea to include beer, as it would address two different needs.
As with any ordinance, it would go through a traditional public hearing where it would be passed.