Regulation of Wineries, Distilleries, and Breweries Presented by: Christian Samples John Van Dyke.
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Transcript of Regulation of Wineries, Distilleries, and Breweries Presented by: Christian Samples John Van Dyke.
Regulation of Wineries, Distilleries, and Breweries
Presented by:
Christian SamplesJohn Van Dyke
Presentation Overview
The goal of our presentation is to:
1. Provide information of existing winery, distillery, and brewery ordinances in Idaho counties
2. Discuss regulation from the standpoint of external agencies, such as highway and health districts
3. Relay regulation from the perspective of local businesses
4. Make recommendations for the creation, implementation, and revision of ordinances
What we’ve done
Review of all 44 county ordinances in Idaho
Inquired of other regulatory agencies, such as highway districts, fire districts, and Southwest District Health Department
Spoke with local businesses surrounding their experiences with zoning and other regulatory agencies and their impacts to development
Reached out to several counties in Idaho and neighboring states for information
Map of County Governments
Surveyed More than 20 counties surveyed; slightly
less than half responded
5 questions
4 states
Questions surrounded: Desired changes in ordinance Accessory/Ancillary Uses and
Ordinance Requirements Industry shifts over time
Before we begin…
Primary uses: Winery, Distillery, or Brewery
Accessory uses: A use that is subordinate to the primary use
“While we’re doing this, why not do that too?”
E.g. tasting room, special events center, bed and breakfast
Ancillary uses: A use that supports the primary use
“Ultimately, I need that to happen in order to do this”
E.g. bottle manufacturing, viticulture, parking, alcoholism
A Changing Industry
Shift to direct-to-consumer sales Increasingly competitive market requires
alternative approach to gain traction Creates need for revenue diversification
Shift to multi-use facilities Larger wineries are becoming more like events
centers that happen to make wine Accessory uses becoming more dominant than
primary use
Existing winery, distillery, and brewery ordinances in Idaho counties
Rural Breweries and Distilleries
Most counties lack regulations for these uses
Brewery
Out of 44 counties, 3 have detailed regulations
Ada, Fremont, and Nez Perce
Distillery
Only 2 have detailed regulations
Ada and Fremont
Urban-centric uses?
Some Counties Are Drunk with Winery Regulations
Considered counties with winery listed on a use schedule, having a definition, and specific use standards
Use schedule contained winery as a separate use
Definition clearly defines winery
Use standards found regulate: Multi-Use Nature of Facilities Proximity Buffers Scope and Scale
Some Counties Are Tipsy with Winery Ordinances
Counties that at minimum have winery on their use schedule, but:
may or may not define winery, or have specific use regulations
Definition may have use standards tucked in
Lack of associated accessory or ancillary uses
But Most Idaho Counties Are Dry and Lack Specific Winery Regulations
Winery is not defined, is not on a use schedule, and has no use standards
Is lack of regulation associated with climate? Politics?
Where wineries are possible, does a lack of regulation helpful or harmful?
Can compatibility issues be mitigated in the absence of regulation?
Consistency vs. Flexibility
Detailed regulations provide for consistent development and mitigate compatibility issues, but do not provide decision-makers ability to accommodate scope and scale of project
Minimal or no regulations gives decision-makers flexibility to accommodate multiple land use situations but could invite politics and inconsistency into decision-making process
Regulation from the Standpoint of External Agencies
Highway District Concerns
Traffic impacts Special events create temporary overcrowding Freight Employees
Parking issues When insufficient parking is available, vehicles are forced
onto public roads
Access Point Issues Paved Aprons Access Point Width and Spacing
Health Department Concerns
Water supply Thresholds will Determine Need for Commercial
Water System E.g. Number of People in 60-day period
Waste water flows Domestic versus Non-Domestic
Based on Chemical Values
Food services Breadth of Services May Require Additional Licensure
Other Concerns
Information sharing is crucial Letter of Intent vs. Entitlement Granted Use Creep
New Building Permit
Communication between all parties Pre-app meetings Understanding External Agency Processes and
Requirements
Regulation from the Perspective of Local Businesses
Business Feedback
Local land use regulation is not necessarily burdensome by itself… 11 different governmental organizations oversee
operations Tax and Trade Bureau Idaho Alcohol Beverage Control Idaho State Tax Commission IRS Health Department/FDA DEQ Highway Districts
Business Wish List
Wineries should simply be an allowed use
Wine tasting and limited retail should be allowed without any additional requirements
Promote Development Along Wine Corridor
Create ordinances that encourage agri-tourism uses such as: “farm to fork” dining Additional bed and breakfast establishments U-pick food operations
Recommendations
Have Specific Goals in Mind
What are you trying to accomplish (health and safety, aesthetics) Start with “why”
Proactive vs. reactive planning
Don’t make an ordinance a solution looking for a problem
But Understand the Ordinance Will Evolve
Over time, industry requirements change, necessitating different accessory/ancillary uses which may need to be addressed via ordinance amendments
Something may be missed, or possibly over regulation may occur
Codifying Accessory/Ancillary Uses Differently than Primary Uses Accessory/Ancillary use may require additional
attention so as to not take away from the primary use Tasting rooms allowed in Agricultural zone
Require conditional use permit in AR zone
Not allowed in industrial zone Fremont County Does Something Similar
Context is everything Accomplished by zone, acreage requirements,
square footage limitations, etc.
Connecting Scope with Scale
Limitations on scope may be required in order to prevent unintentional outcomes related to development Example: one-acre vineyard with 5-bedroom bed
and breakfast, holding weddings with up to 100 guests
Different standards for different levels
External agencies are your friends
Craft ordinances and conditions of approval keeping external agency requirements in mind
Communication between counties and agencies important
Encourage applicants to contact agencies early
Don’t be afraid to contact agencies on behalf of an applicant (hint: we speak a very similar language)
Communication can reduce confusion
Providing information that easily explains:
Definition of Use Where use is allowed Scope/Scale Special
Requirements How to traverse the process
Agency Contact Information
Don’t forget about public involvement Involve the public as early as possible
Stakeholder feedback can paint a picture of an industry you may not get from Google or a site visit
Continue public involvement after ordinances are adopted (hint: feedback is important)
Document the process so it can be revisited with stakeholders in the future Concerns, policies, procedures change over time
Documentation makes reevaluation easier
Each is Jurisdiction is Unique
Determining scope and scale should take jurisdiction’s unique attributes into account
Consistent regulation vs. flexible decision making Politics Public Opinion
Cheers and Thank you!
Presented by:
Christian Samples, PlannerJohn Van Dyke, Planner