NAMPA, Idaho — During a special meeting Friday, Nampa City Council clarified previously vague details regarding the city's process on alcohol license requests near schools or churches.
The council has made a series of inconsistent decisions over the past few months on alcohol license requests for businesses within 300 feet of a school or church. State law bans businesses from serving alcohol in the vicinity of schools and churches unless the local government approves. Several council members and Mayor Debbie Kling acknowledged the council's inconsistency.
“We have not been consistent, and that’s my apology,” Councilman Darl Bruner said at the council's Dec. 2 meeting.
At a previous meeting, Kling suggested the council discuss alcohol license protocol during the workshop as a way to clarify the city's position on several aspects of alcohol license approvals.
One aspect needing clarity, Kling said, is how the city measures the distance between businesses requesting an alcohol licenses and churches or schools nearby.
"That's what's getting us into trouble," Councilwoman Sandi Levi said at the special meeting.
Title 23 of Idaho code specifies that the distance between a business and school or church should be "measured in a straight line to the nearest entrance to the licensed premises." Nampa city attorney Douglas Waterman said this language offers room for interpretation.
On Dec. 2, the council denied a liquor license for JaK's Place Neighborhood Grill on the basis that it was within 300 feet of a College of Western Idaho building and an LDS church across the road, despite the fact that no CWI officials or church members opposed the business receiving a license.
However, in 2018, when the restaurant opened, the council granted the business a beer and wine license. City officials measured the distance between JaK's Place and the church two different ways between the decisions. In 2018, the city measured from JaK's Place's entrance to the church building, which was more than 300 feet. In 2019, the city measured from JaK's Place's entrance to the church's property line, which was less than 300 feet.
Waterman said the Idaho State Police measures the distance from the requesting business' nearest entrance to the school or church's property line. He recommended the council follow these guidelines.
Councilman Randy Haverfield made a motion to follow ISP's guidelines on the measurement for future alcohol license waiver requests. The motion passed 5-0.
Kling also wanted the council to clarify how the city should communicate with schools or churches when an alcohol license was requested near them. For one recent alcohol license waiver request for V-Cut Lounge in downtown Nampa, no members of the nearby church initially spoke up in opposition, but later — after the council had already approved the waiver — members came forward to say the church had always opposed a license for the lounge.
Waterman suggested the council revise the letters the city sends to churches and schools to notify them about the waiver request. He suggested the city add a sentence in all capital letters at the bottom of the message, informing the school or church that providing a letter to the council or showing up to testify on the waiver during a council meeting are the only ways the recipient can express their thoughts on the alcohol license request. He also suggested notifying the receiver at the top of the letter that the message provides information about their opportunities to participate in the discussion.
Haverfield made a motion to allow the city's legal team to form a draft of the revised letter for the council to approve at a future date. The motion passed 5-0.
Erin Bamer is the Nampa/Caldwell reporter. Contact her at 208-465-8193, or ebamer@idahopress.com. Follow on Twitter @ErinBamer.
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