Youngstown council to consider repealing old law that’s not often enforced

By David Skolnick | May 14, 2019 at 12:00a.m.

YOUNGSTOWN

City council will consider repealing an ordinance Wednesday that prohibits liquor establishments from being within 300 feet of a church or school – a law that’s more than 70 years old and not often enforced.

“It’s an outdated law that gives no discretion,” said Councilman Mike Ray, D-4th, one of the ordinance’s co-sponsors. “It’s an antiquated law that needs to be cleaned up. Also, it hasn’t been strictly followed.”

The proposed legislation would repeal the law that dates back to 1947 and grandfathers in businesses that sell or store alcoholic beverages before Jan. 1 of that year.

If the ordinance is approved, it doesn’t mean that bars can automatically open next door to a school or church, Ray said.

Businesses that sell alcoholic beverages are considered “regulated uses” under city law along with tattoo parlors, adult book stores and theaters, secondhand stores, pool halls, payday lending establishments and sweepstakes businesses.

Regulated-use businesses within 500 feet of another regulated-use business, a school or church need to first go in front of the city planning commission and then get approval from city council before opening.

Under the current law, businesses that sell alcoholic beverages within 300 feet of a school or church are automatically prohibited from opening.

But Ray said that law wasn’t always enforced.

If approved, this proposal would comply with the citywide redevelopment code, adopted in 2013, and state law, he said.

The issue came up because the city is working on an economic development project impacted by the outdated law, Ray said.

Councilwoman Basia Adamczak, D-7th, who also co-sponsors the ordinance, said, “I support it as it allows for a waiver. It gives us an opportunity to consider exemptions.”

Also Wednesday, council will consider legislation to amend the redevelopment code on alcohol beverage production or storage for commercial purposes that Ray said is largely for microbreweries.

Those businesses would need city council approval to be within 500 feet of a church, school, library, public playground, public park or private residence.

“This allows for a waiver,” Ray said. “Currently, there is no discretion.”