Planning hears a cautionary tale

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The June 13 Planning Commission meeting opened with city alderman David Mitchell recounting a recent experience he hoped others would learn from when he said he received a surprise visit from an officer of the Alcohol and Beverage Control Division because someone from out of state had reported Mitchell, owner of Heart of the Hills Bed & Breakfast, had been selling alcohol illegally.

Mitchell said for the nine years he has owned his B&B, he has offered B&B packages that included wine or sparkling wine. He was told long ago he was legal as long as he did not open the bottles. Now he knows differently.

“Apparently I’ve been selling alcohol illegally all along,” Mitchell remarked. He said the officer was very gracious, and Mitchell promised he would tell his tale at this meeting as a warning to others who might make similar offers.

Mitchell said two alternatives for a B&B owner would be to get a B&B private club permit, which involves a paperwork process, or to simply remove alcoholic beverages from the package and provide it as a complimentary gift.

Signs of noncompliance

Chair Melissa Greene brought up the problem of rentals to tourists through Airbnb or similar vacation rental arrangements. She said Economic Coordinator Glenna Booth has been effective at identifying the properties, but shutting down rentals has been more of a problem. If there is no citation with a fine, there is no incentive to comply.

She mentioned she heard the idea of putting a sign in the yard stating the property is an unlicensed tourist rental. Booth said she had heard this, but was not sure it was legal, and sending letters to owners has proved effective.

Commissioner Doug Breitling stated because of uproar in several states, Airbnb has tried to communicate that property owners should abide by local ordinances. However, Airbnb has no enforcement authority.

Harman followed they could then create a category describing the Airbnb arrangement. She assumed it would require a tourist lodging permit, and Booth replied it would be the same as a tourist lodging. “But we’re not allowing new tourist lodgings anymore,” Harman answered as they all realized the dilemma before them.

Greene said she could move to Oklahoma and right away rent her home. There is nothing in City Code to stop this practice.

Booth stated most owners stop after the first letter.

Breitling commented, “This is one we need to be asked to do. Putting signs on someone’s property needs to be backed up by council.”

Other items

  • Commissioners approved application for a clubhouse addition, new gazebo and playground plus general rehabilitation at Carroll House Apartments on Pivot Rock Road.
  • In Public Comments, Bob Jasinski, co-owner of the Angel at Rose Hall B&B, told commissioners if they added further restrictions on the declining wedding industry in town, they would see it disappear altogether. He also mentioned the city has no restrictions on vacation rentals such as Airbnb, and weekly rentals in town are being rented for only one night, which is contrary to what the property owners originally said they would do.

Next meeting will be Tuesday, June 27, at 6 p.m.