04/23/08

Proposed zoning amendments would codify treatment of 'bars' and 'taverns'

Potential expansion of a Route 77 business has led to Town officials to attempt to codify its definition and regulation of bars and taverns.

The Town Council on April 14 voted to send to the Planning Board a draft zoning ordinance amendment that offers a definition of a bar, as well as suggested regulations for bars in Cape Elizabeth. (Click here to view/download draft memo (Word format))

The draft, constructed by council Chairman Mary Ann Lynch, is an outgrowth of a plan to expand seating and hours of operation at Rudy's of the Cape, located at 517 Ocean House Road, in the town's Business A District. Rudy's serves restaurant items including pizza and sandwiches, and has a license to sell beer and wine for on-site consumption.

Due to complications with wetlands and business zoning in that area of town, the site plan cannot go forward at this time. (Click here for related story) However, in researching citizen concerns, Lynch said she was surprised to learn that Cape Elizabeth has no ordinance regulations for bars and taverns.

"I didn't have a position, but it struck me that if we're going to have bars, we should have some regulation that is reasonable and appropriate," she said.

Internet searches of similar regulations in other communities assisted in the draft ordinance amendment, something Lynch said could be used as a springboard for further refinement and discussion.

Highlights of the draft include a structure for the Planning Board to follow when considering bars as a permitted use; and, bans on happy hour, outdoor seating and live music.

"I'm not wedded to any of these things, but as I spoke with (Town Planner) Maureen O'Meara, she suggested it would be very important to have a discussion so that the Planning Board would have some guidelines," said Lynch.

Because the Planning Board has been asked to consider the amendment, the board will hold at least one public hearing. However, several citizens took advantage of Lynch's invitation on Aug. 14 to speak on the draft. The vast majority said they opposed permitting bars in the BA zone, due to its proximity to residences. Only one spoke in favor of Rudy's in particular, citing its importance as a neighborhood gathering place that would not be prone to the problems foreseen by neighbors.

Cape Elizabeth does have some businesses that serve alcohol and might be considered bars,  Lynch said, including the Good Table, also in the Business A District; Inn by the Sea; and, Purpoodock Club. "There are some bars in town," said Lynch. "We need to be fair."

The council voted unanimously to refer the draft to the Planning Board. "It seems to me that based on what I've heard this evening, there is a significant amount of interest. I would like to hear what the Planning Board has to say about this," said Councilor Anne Swift-Kayatta. "I am sympathetic to all the needs. We, as a community, need to balance those needs," she said.

The draft amendment defines a bar as a business where sale of alcoholic beverages for on-site consumption exceeds 50 percent of the business's annual gross retail sales.