Old Town now an Entertainment District
Move gives council leeway on liquor sales near churches, schools
Yuma’s Old Town District is considered a “vibrant” area with many artistic and cultural venues as well as restaurants, bars, theaters and other entertainment facilities.
The city has now designated the area as an Entertainment District as well to “preserve and enhance the artistic, cultural and business opportunities in this historic part of the city.” The City Council approved the resolution during the Oct. 3 meeting.
The majority of Yuma’s historic north end is in the Old Town Zoning District, which already places special emphasis on tourism and historic preservation to the retail, business and government center. These mixed commercial uses serve the local population and provide a destination for visitors to the city, according to a staff report.
The new Entertainment District designation is part of the groundwork being put down as the city moves forward with its exploration of a university campus in the area just outside the Old Town District.
Title 4, Section 207, of the Arizona Revised Statutes says that an establishment cannot receive a liquor license if it’s within 300 feet of a church or school. Designating the Old Town District as a statutory entertainment district “ensures existing and future businesses, especially liquor establishments subject to Title 4 of the Arizona Revised Statutes, may coexist with other uses, even when the uses are immediately adjacent to one another.”
During a discussion of the resolution at the Oct. 2 work session, City Attorney Richard Files explained that downtown has always been
a “vibrant, nightlife kind of area,” including a mix of residences, bars, theaters and family entertainment. If certain organizations, such as a church or school, happened to move into the entertainment district and wanted a liquor license, then the Entertainment District designation allows the council to “say you’re not subject to the rule that says you can’t be 300 feet from a school or church.”
It gives the council leeway, like a variance process, to make exceptions on a case-by-case basis, he added.
Councilman Edward Thomas asked about criteria for making exceptions. Files noted that the state law does not outline any specific criteria, but the council may weigh factors such as density, proximity, the type of operation and entertainment, hours, etc.
The district covers about 200 acres and a portion of the properties — a block of either side of Main Street — participate in the Main Street Mall and Off Street Parking Maintenance District which pays for the operation, maintenance and improvement of off-street parking facilities, parking lots and parkways.
The new resolution also makes reference to the improvement district and states that because a finite number of properties are located within this improvement district, “it is important that governmental or nonprofit uses, which may claim an exemption to property taxation, agree to participate in the Improvement District so as not to place a larger burden on the other uses.”
Deputy Mayor Gary Knight asked whether this meant that one of the conditions that might be placed on government or nonprofits entities might be a contribution to the district. “If we make it an entertainment district, then even though they’re not required to pay a property tax, they’re exempt from that, they could and would still have to contribute in the improvement district? And I’m assuming that probably because the government entities that are located there now, they’re not contributing in any way shape or form in either property taxes or the improvement district.”
Files confirmed that the government and nonprofit organizations currently located downtown are not required to contribute to the improvement district as they are exempt, but one of the conditions that might be placed for requests from government or nonprofits within the entertainment district might be a contribution to the improvement district.
“At some point in the future, there may be a change coming to the zoning code that clears that up so that would be a basis for issuing a conditional use permit,” Files said.
However, he added, the government buildings currently located in the district might be grandfathered in and “likely” wouldn’t have to contribute.
Councilwoman Karen Watts asked if the new district would affect housing or residential development in the area, such as Gila Street which includes private residences. “Not at all,” Files replied.