Suzy Ageton George Karakehian KC Becker Tim ... - City of Boulder

Response: The 500 foot rule as provided for in Colorado State Statute (CRS) §12-47-
313(1)(d), requires a premise subject to a retail liquor license to be setback from schools.
State law also grants local authorities or municipalities discretion, in the form of an
ordinance, with the ability to eliminate or reduce the distance restrictions imposed by this
section of the state statutes for any class of retail license (as listed in CRS §12-47-309(1)), or
may eliminate one or more types of schools or campuses from the application of the distance
restriction.
The 500 foot setback, if applied under the state law, is computed by direct measurement from
the nearest property line of the land used for school purposes to the nearest portion of the
building in which liquor is to be sold, using a route of direct pedestrian access, measured as a
person would walk safely and properly, without trespassing, with right angles at crossings
and with observance of traffic regulations and lights 6 .
Question: Is the city required to follow the state’s method of measuring a 500 foot setback?
Response: No, but it is necessary to have a rational basis for how the setback is measured.
Question: Would the existing breweries, distilleries and wineries be grandfathered in if the city
imposed a 500 foot setback rule?
Response: The alternate amendment as written (page 16) would grandfather in all of the
existing breweries, distilleries and wineries since none of them are currently located within
500 feet of a school. Likewise, if a school moved to within 500 feet of an existing brewery,
distillery or winery, the rule would not apply.
Question: How much land does Avery Brewing Company need for its new brewery?
Response: Avery Brewing Company representatives have indicated that they need at least a
five acre parcel for their proposed uses.
Question: How much vacant industrial land is available in the city? How much industrial land
has the city rezoned to a non-industrial land use?
Response: There are 1,784 acres of privately owned industrial land inside the city limits. 133
acres of industrial land in the city (29 parcels) are currently vacant, and approximately one
half of that acreage is owned by either Celestial Seasonings or Western Disposal. Of the
remaining vacant land, only four parcels are at least five acres each in size. Since 1996, the
6 Also see, Code of Regulations 1 C.C.R. 203-2: Measurement of Distance: Except as provided for in 12-47-313
C.R.S., no license shall be issued to or held by any person where malt, vinous, or spirituous liquor is sold if the
licensed premises is located within 500 feet of any public or parochial school or the principal campus of any
college, university or seminary; said distance to be computed by direct measurement from the nearest property line
of the land used for school purposes to the nearest portion of the building in which malt, vinous, or spirituous
liquors are to be sold, using a route of direct pedestrian access, measured as a person would walk safely and
properly, without trespassing, with right angles at crossings and with the observance of traffic regulations and
lights.
Agenda Item 5B Page 8