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Protecting DeKalb's Quality of Life, Pt. 2 Special Alert
July 22, 2008 Message
This Tuesday (July 22) at their regularly scheduled morning (10:00 am) session, the DeKalb Board of Commissioners will vote on an ordinance whose original intent was to help control the proliferation of late night bars/nightclubs that is occurring in DeKalb since the City of Atlanta moved their bar closing hours to 2:30am.
Whether you agree with allowing bars etc. to continue to sell alcohol into the wee hours, the manner in which this has come to a vote should give pause to all residents of DeKalb. The version of the bill that is posted on the county website is NOT the version that was seen by the Community Councils and Planning Commission OR the planning department this past June. It is an earlier copy without any of the changes, good and bad, that were made to it by the bill's original sponsors. The planning department's comments were directed at a version that required "nightclubs" to get a land use change for their site. The one on the county website does not have that requirement. So, either there has been no posting of the ordinance to be voted on, thus depriving the voting public of the opportunity to preview the legislation OR a version that has not received the legally required vetting by our public councils, commission and Planning Department is about to be voted on. And will then be possibly subjected to being overturned by a judge. Not good. StandUp DeKalb would like to urge the members of the DeKalb Board of Commissioners to maintain the moratorium on new alcohol licenses and defer this bill for a full cycle so that it can be legally advertised and vetted.
Now a word about regulation of alcohol sales in DeKalb County. There are two separate laws that control the ability to sell and pour alcohol in DeKalb. One is the Alcoholic Beverage Control Act which controls the granting of pouring licenses, based in part on distance from churches and schools (including college-level). The second law is the Zoning code of DeKalb County which states what kind of business activity is legally permitted within what zoning category.
Unfortunately, what would seem to be the most logical points for controlling the operation of establishments seeking to pour alcohol seem to be lacking from either of the current proposals.
To wit:
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If you wanted to go a step further, including in said ordinance definitions that made clear the difference between a small neighborhood bar and grill and a large, alcohol-sales only dance club, both abutting existing residentially-zoned land would be a good idea. As well as defining the differences between a bar or dance club included in a new mixed-use development and one built right next to an existing residential neighborhood. The one in the new mixed-use development perhaps shouldn't have distance requirements from the residential component of the development, but should definitely have requirements that protect any nearby pre-existing residential neighborhoods.
We at Standup DeKalb urge the citizens of DeKalb to tell their commissioners (contact info available on our website www.standupdekalb.org) not to pass any ordinance that does not cover the above set of minimal control points or if either of these defective bills is passed, we urge you to demand your commissioners tighten up whichever bill was passed and to protect the quality of life we the existing residents of DeKalb have come to expect and enjoy.
Please share this with friends and neighbors. Encourage them to sign up for our email list.
And stay tuned for updates and meeting notices.