[Amended by Ord. No. 88-8; 5-5-2009 by Ord. No. 09-02]
Findings and purpose. The governing body of the City of Evanston does find that:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Editor's Note: Section 1 of this ordinance stated that W.S. 12-5-301, regarding conditions for operation of drive-in areas, shall not apply to the City of Evanston.
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.