[Amended by Ord. No. 88-8; 5-5-2009 by Ord. No. 09-02]
A. Findings
and purpose. The governing body of the City of Evanston does find
that:
(1) A 2006 study conducted by the Wyoming Association of Sheriffs and
Chiefs of Police indicated that alcohol played a role in more than
70% of arrests that occurred state-wide and that drunk driving arrests
have become more common in Wyoming.
(2) At least 27 states do not permit the sale of alcohol through drive-up
windows. National statistics complied by The New Mexico Traffic Safety
Bureau showed that states which ban drive-up windows have a 14% lower
driving-while-intoxicated, (DWI), fatality rate than states that permit
drive-up windows.
(3) A 1998 study conducted by Lewis, Lapham and Skipper on behalf of
the Behavior Research Center of the Southwest concluded that drive-up
windows were the preferred retail location for DWI offenders who purchased
packaged alcohol consumed prior to arrest. The study also showed that
the odds of drinking in the vehicle prior to arrest were 67% higher
for drive-up window users than those who purchased packaged alcohol
elsewhere.
(4) A 2003 study conducted by Lapham and Skipper on behalf of the Behavior
Research Center of the Southwest examined the economic impact of New
Mexico's legislative action to close drive-up windows and concluded
that the closure of drive-up windows negatively impacted alcohol sales
and revenues by the establishments that had operated them.
(5) The governing body held a public hearing to hear testimony from liquor
dealers and members of the public regarding the possibility of enacting
an ordinance to prohibit the sale of alcohol through drive-up facilities.
Prior notice of the hearing was published in the local newspaper,
posted on the City's website and the Chamber of Commerce's website
and mailed to all holders of liquor licenses within the City.
(6) At the public hearing, the governing body heard testimony which indicated
that requiring customers to enter a well-lit establishment to purchase
alcohol makes it more likely that a sales clerk could detect customer
intoxication, and thereby reducing the sale of alcohol to persons
already under the influence.
(7) Also at the public hearing, the governing body heard testimony that
a preferred method for under-age persons to purchase alcohol was through
drive-up windows and that requiring such persons to enter into a well-lit
establishment would make it easier to verify their identification
and would deter their efforts to purchase alcohol.
(8) No one testified at the public hearing in opposition to enacting
an ordinance which would prohibit the sale of alcohol through a drive-up
facility. One written comment was received which opposed the enactment
of such an ordinance.
(9) Based on the evidence, the governing body finds that prohibiting
the sale of alcohol and malt beverages through drive-up areas would
reduce DWI offenses within the community and discourage the purchase
of alcohol by under-age persons and thereby promote the public's health
and safety.
B. Prohibiting
sale through drive-up facilities. No holder of a liquor license or
permit shall sell alcoholic liquor or malt beverages through a drive-up
window, door or other area which will permit or allow a person to
purchase alcoholic liquor or malt beverages from a motor vehicle.
The agents and officers of the City Council
administering the retail liquor license provisions of this chapter
shall determine whether traffic conditions or physical circumstances
hindering law enforcement should require a decision forbidding or
restricting sales and delivery in any drive-in area. If, by resolution
of the City Council, the right of the licensee to use certain drive-in
areas is forbidden or restricted, that resolution shall be complied
with by the licensee.