In my last entry on drafting licensing ordinances, I suggested that the bulk of any licensing ordinance will be devoted to minimizing hazards or nuisances associated with the licensed activity. Since this is where the hard work must be invested, this entry helps to make drafting easier by offering some tips you might want to consider.
When drafting the provisions, I suggest that a drafter first familiarize themselves with the basics of the regulated business or activity. What are its primary objectives? What are the component parts that allow it to carry out its essential functions? For example, the primary business of a liquor licensee is to sell liquor. To do this, it must attract groups of people to consume the liquor through on-site advertisement, it must provide entertainment and manage crowds. Some of the secondary components of a liquor business are receiving and storing product, waste management and building upkeep.
Existing city staff are some of the best experts available to an ordinance drafter trying to understand the essential functions of a licensed activity. In particular, police and public works staff can be of assistance. For example, police staff may be a great internal resource on the workings of pawn shops (a commonly licensed business) and some of the potential problems associated with such licensees.
Once the drafter has researched the business and broken it down into its essential components, some thought should be given to the hazards or nuisances that may be associated with each individual, essential function or component of the licensed business. For example, if receiving deliveries is an essential part of the business, what noise concerns does this generate? What visual blight concerns? Finally, how can these concerns be alleviated through ordinance requirements?
Here is a checklist of potential hazards or nuisances that should be considered for each component of the business.
Noise
Will the licensed activity generate dangerous or annoying levels of noise? A licensing ordinance can adopt state noise regulations. But annoying noise can also be minimized and or eliminated by ordinance requirements for fencing/screening and landscaping (berms), limits on hours of operation, limits on hours for truck deliveries, and limits on numbers of truck arriving and where they idle.
Dust, particulate matter & smoke
Will the licensed activity generate dust or smoke that creates a nuisance or health hazard for neighbors? I previously discussed zoning performance standards for smoke at this blog entry: http://lmccodification.blogspot.com/2010/08/smoke-readers-zoning-ordinances.html
Smoke and dust, like noise, are regulated by state standards. However, smoke and dust may also be alleviated by ordinance provisions related to landscaping and fencing, limits on truck deliveries (along with preferred routes) and limits on operation during high winds.
Visual blight and litter
Will the licensed activity generate large crowds with a concordant amount of litter or waste? Is the licensed activity prone to creating visual blight? Fencing and screening are obvious solutions to blight. However, you may also wish to draft ordinance provisions requiring regular trash pick-up, property maintenance, trash enclosures and limits on-site storage of waste. In addition, you may wish to limit, prohibit or screen outdoor sales, storage or displays.
Lighting and glare
Will the licensed activity generate lighting or glare that annoys neighbors? Lighting and glare issues can be limited by requiring a lighting plan, by prohibiting lights from being pointed towards neighboring lots, and by requiring sensors or light fixtures that limit the amount of light emitted more than 80 degrees above the nadir.
Crowds and safety
Will the licensed activity generate large crowds and disorderly conduct? Ordinance provisions can alleviate some of these concerns by requiring advance notice to the city of special events, requiring additional permitting for outdoor events, or by requiring security such as a “bouncer.”
Conclusion
The checklist above is not meant to be exhaustive. Some unusual activities may create hazards or nuisances not often encountered (vibration, explosion, heat or odor). However, taking the time to learn the essentials of activity to be licensed will often be enough of a road map to identify what potential nuisances might occur. Once these nuisances are identified, clearly drafted ordinance provisions can save your city a great deal of headache farther down the line.
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