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