Council drafts liquor, tobacco ordinances
Published 12:00 am Wednesday, May 21, 2003
The Austin City Council worked out plans for liquor and tobacco ordinances at Tuesday night's work session.
The changes to city policy would basically clarify the penalties for businesses that violate liquor laws, but would not be city law until a council vote.
The current ordinance largely leaves punishment up to the city council, which members of the council said could create the impression of bias if there were any inconsistencies in the treatment of violators.
In the past, some violators have gone unpunished.
The new ordinances would create punishments that become progressively worse until the fourth violation, at which point the license is revoked.
In the past, businesses have been against the ordinance. Bar and liquor store owners have said they cannot always be at their establishments to police the conduct of their employees.
Police Chief Paul Philipp said he understands the difficulties, but the ordinance is necessary.
"As a license holder, you're responsible for the conduct on your premises," he said.
The proposal has fines starting at $500, then going to $1,000 and $2,000 before loss of license occurs.
The suspensions are different depending on the type of alcohol, with beer and wine sales violations bringing a longer suspension than intoxicating liquor. Council members were unsure of the reasoning for that. City Attorney David Hoversten prepared the proposal, and he is currently out of town.
Besides wanting more information on that point, council member Pete Christopherson requested that if a business has no violations over a certain period of time, their record should be wiped clean. A number of other council members agreed, so Assistant City Attorney Craig Byram said he will include that in the draft to be voted on. That draft will say no violations over a five-year period starts the business over at the first violation level.
The tobacco ordinance should not have much of an effect on local vendors. It bring city ordinance into compliance with state ordinances, which tobacco sellers already have to abide by.
Philipp gave a short presentation asking the city to adopt a Crime Free Multi-Housing Ordinance, which could create licenses for landlords, which could be suspended or revoked if deficiencies pointed out by the city are not corrected.
Deficiencies would have to do with safety. Multiple calls to the police department about a particular complex or unsafe living conditions are a couple of possible reasons for action against a landlord's license.
The cost of inspection would be covered by the license fees.
The police force has done work over the last five years to help landlords through training programs, but Phiipp said an ordinance is needed to enforce violations.
The council was simply listening to the presentation and will discuss the matter further at another work session.
The council also discussed concerns about the extension of the Veit landfill off of U.S. Highway 218. The county is considering granting a conditional use permit for the extension, and city officials worry about the effects on the city, especially with expansion in the area. The new Austin Business Park is currently being developed close to that area, and the city expects more expansion over the years.
Matt Merritt can be reached at 434-2214 or by email at matt.merritt@austindailyherald.com