SALISBURY — After hours of discussion and tabling a vote at a previous meeting, the City Council on Tuesday awarded Grievous Gallery a special-use permit for on-site wine and beer consumption.

Before approval, the council wrestled with the definition of a school, that the permit would be attached to the property and not the owner, and definitions included in the special-use permit.

One concern discussed by the public and council before approval was that First United Methodist Church’s Child Development Center is within 500 feet of Grievous Gallery. On Tuesday, the city’s planning staff showed other locations that have on-site alcohol consumption nearby, including Go Burrito, Meroney Theatre and Mean Mug, but those examples do not require a special-use permit. 

The special-use permit restrictions say a school cannot be within 500 feet of the property.

City Attorney Graham Corriher said under state law, the council could not restrict if there’s any ambiguity in the land development ordinance, meaning a decision in favor of free use of the land or the applicant in this case, Elysia Demers.

Council member Brian Miller said the school definition is irrelevant because of the nearby sites that already serve alcohol.

“I think it’s irrelevant because I don’t think there’s a day that Grievous Gallery sells more alcohol than Go Burrito,” Miller said, receiving applause from audience members.

Miller said he would like the Planning Board to create a category for alcohol sales as an accessory use. Other council members agreed the land development ordinance needs to be looked at and modified, preferably before the next special-use permit comes before the council.

Council member Tamara Sheffield insisted that the council should consider the application despite council members’ complaints with portions of the development ordinance.

“The apparent issues are with the ordinance and certain definitions,” Sheffield said. “I think those have to be viewed differently than this application today. Do we need to work on some of those things? Clearly.”

Mayor Pro Tem David Post said he struggled with the lack of definition of a “school,” saying he believes school is a place that cares for children, but the development ordinance defines schools only as primary, secondary and vocational schools.

The council had previously asked Demers to bring an expert who could speak about property values in the neighborhood. She invited Greg Rapp, who is a Realtor and has sold historical properties in Salisbury.

In 2001, Rapp said, four establishments in the downtown area sold alcohol, compared to 20 places currently. Property values in Brooklyn South Square, West Square and Fulton Heights have all increased despite the increase in venues that serve alcohol.

Rapp said those who are looking to move to Salisbury ask him about livability, walkability, nightlife and things to do. Places such as Grievous Gallery are an amenity that attracts people to the area, Rapp said.

Council member Karen Alexander asked Demers about health and safety issues and whether the fire marshal evaluated the building as an assembly space.

Demers said it is an assembly space and that the gallery can hold 511 people, but she does not want that large a crowd there. 

Council members discussed several conditions recommended by the Planning Board, which included no live music past 9 p.m. on weeknights, no outside consumption of alcohol, security present during live music programs, and that the gallery could not serve alcohol until 4 p.m. on weekdays as a courtesy to the child development center.

Demers asked the council to reconsider and allow live music to continue until 10 p.m. for a Tuesday night open mic night and to clarify needing security for events that may bring only 10 people.

Alexander argued that because there are residences nearby, the live music should end at 9 p.m. as recommended by the Planning Board. The council said the gallery could reach an agreement with the Salisbury Police Department regarding security needed.

Once unanimously passing, the council tasked the planning staff to begin working to come up with clearer definitions and an option for secondary alcohol use.