Title
Amend City Code to Reflect State Licensure of Structured Sober Living Homes (Ordinance G-6661)
Description
Request to modify the Phoenix City Code to remove the provisions of Chapter 10, Article XV Structured Sober Living Homes in accordance with State law, which now preempts cities from implementing such regulation. This Code change will have no financial impact to the City
Report
Summary
The Phoenix City Council established a structured sober living home licensing program that became effective July 1, 2018. The licensing program reflected the efforts of a working group representing a broad range of community and industry stakeholders convened by the Planning and Development Department in 2017 and incorporated the input of the Law, Planning and Development, Neighborhood Services and City Clerk departments.
State legislation passed in 2018 stipulated that the City's authority to operate a licensing program would be repealed after the Arizona Department of Health Services (ADHS) finalized its rules and implemented a statewide licensing program for sober living homes.
Effective Sept. 30, 2019, the City’s authority for structured sober living home licensing has been repealed. Accordingly, staff is requesting to remove the provisions related to licensing from the City Code.
Anyone operating a facility that meets the State definition of a sober living home must obtain a license from ADHS to operate legally in Arizona. The State’s definition is broader than the City’s, therefore, more homes in Phoenix may be required to obtain a license under the State law than were required to do so under City Code.
Group homes, including sober living homes, are still subject to community residence spacing, parking and other requirements outlined in the City of Phoenix Zoning Ordinance. The Neighborhood Services Department continues to receive and follow up on complaints regarding potential zoning ordinance violations and allegations of failure to comply with other City, County and State regulations and licensing requirements.
Financial Impact
This Code change will have no financial impact to the City Clerk Department.
Concurrence/Previous Council Action
- Ordinance G-6453 was adopted by the City Council on April 18, 2018, and revised by G-6477 on June 28, 2018.
- The City Council Land Use and Livability Subcommittee heard an update on this topic as part of a one-year review report presented by the Planning and Development, Neighborhood Services and City Clerk departments on Dec. 17, 2019.
Public Outreach
A notice regarding the statewide licensing program and the proposal to amend City Code to reflect current State law was sent in December 2019 to all homes and managers previously licensed with the City, as well as community stakeholders from 2018 who requested to remain informed of future developments related to this issue.
Department
Responsible Department
This item is submitted by Acting Deputy City Manager Toni Maccarone and the City Clerk Department.