Dated rules have taprooms hopping

By: Molly M. Fleming The Journal Record November 2, 2016

OKLAHOMA CITY – A brewery taproom isn’t allowed to sell food, which leaves some questions regarding how the city’s zoning applies.

Pivot Project developer Jonathan Dodson said he’s heard from some brewers interested in his team’s projects that they are hesitant about trying to open a place in the city.

The hesitation comes with the unclear zoning regulations on a taproom. A brewer doesn’t need to seek an alcoholic beverage consumption level 2 permit because the taproom can’t serve food. It can seek an ABC-3 permit, but that means it has the same hours as a bar. An ABC-3 allows for mixed-beverage sales as well.

The new interest in brewery taproom regulations came about within the last month when Senate Bill 424 went into effect and brewers could sell high-point beer by the glass. Previously, they could give a 12-ounce sample and sell their low-point beer by the glass.

“If it’s viewed as an ABC-3, a brewery couldn’t serve within 300 feet of a school or church,” Dodson said.

Dodson said that contention became a problem in Ward 6, where a school or church is on nearly every block. He said his team has a few sites where a brewery and taproom couldn’t open because of the distance requirement.

Dodson called Oklahoma City Councilwoman Meg Salyer, who organized a meeting with the city’s Planning Department and the Alcoholic Beverage Laws Enforcement Commission.

Randy Entz in the city’s current planning division said the department is trying to define the difference between a nano-brewery, a micro-brewery, and a craft brewery.

The city is also considering the elimination of ABC overlays altogether.

Planning Commission member Janis Powers asked the city to review how other cities handle alcohol zoning. She was troubled that an ABC overlay is permanently attached to a building. That allows the next user to not have to seek the commission’s approval and the business could be a nuisance.

The Planning Department is considering some type of permitting process that restaurant or bar owners could obtain. The permit would not be fixed with the property.

Dodson said the city will likely create a permitting process for the breweries with taprooms as well. The permit types will range from a brewery that’s also packaging on site, to just brewing and drinking on site.

Entz said he understands why the language needs to be reworked.

Dodson said brewers could have to spend a lot of money constructing their place, only to find out that an ABC-3 overlay is not allowed.

“We have a progressive enough group of people that are decision makers that could make this happen,” Dodson said.