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100306 NightclubsBars and Nightclubs Ordinance Summary of the ordinance: Defines the terms “alcoholic beverage" and “bar or nightclub;” Requires conditional use permits for bars and nightclubs in the following zoning districts (and prohibits them elsewhere) : •H-1 Hotel; •B-2, B-3, B-3A, B-4, B-4C & B-4K Business; •I-1 & I-2 Industrial; and •RT-1, RT-2 and RT-3 Resort Tourist Summary of Ordinance, con’t. Allows existing establishments that fall within the new definition of “bar or nightclub”to be enlarged, extended, remodeled, etc. without a use permit ONE TIME under certain conditions. Summary of Ordinance, con’t. Retains the same conditions of use permit that are now in the CZO: -Category VI landscaping if adjacent to Residential or Apartment Zoning District; - No excessive traffic, noise, overflow parking, litter; - No loitering ; -Any other reasonable conditions City Council deems appropriate The single most important thing about the proposed ordinance is the definition of “bar or nightclub” Present Ordinance: A “bar or nightclub”is a restaurant that serves alcohol and excludes persons on the basis of age (e.g., persons < 21 years old) at any time. This allows an establishment to avoid needing a CUP simply by allowing persons under the legal drinking age . to enter Proposed Ordinance: A “bar or nightclub”is an eating & drinking establishment (restaurant) that: Has an “occupant load density”of less than 10 square feet person; and Serves alcoholic beverages at any time between midnight and 6 a.m., except as part of a wedding, banquet or similar function not open to the general public Proposed ordinance (cont.) “Occupant load density”is essentially a measure of how crowded an establishment can be at maximum occupancy, expressed in square feet of net floor space per person. Calculation of occupant load: -Seating areas (tables and chairs): 1 person per 15 square feet -Standing floor space: 1 person per 5 square feet (now 7 per recent Code change) -Chairs only: 1 person per 7 square feet Proposed ordinance (cont.) Example 1: An establishment has 5,000 s.f. of public area, of which 3,000 s.f. is occupied by tables and chairs, 500 s.f. is for chairs only, and the remaining 1,500 s.f. is standing space 3,000 ÷15 = 200 people 500 ÷7 = 71.4 people 1,500 ÷5 = 300 people Occupant load density = 5,000 ÷ 571.4, or 8.75 square feet per person (bar/nightclub) Proposed ordinance (cont.) Example 2: The same establishment decides to reduce the size of the standing space from 1,500 s.f. to 500 s.f. and put tables and chairs in the other 1,000 s.f. 4,000 ÷15 = 266.67 people 500 ÷7 = 71.4 people 500 ÷5 = 100 people Occupant Load Density = 5,000 ÷438.07, or 11.40 square feet per person (restaurant) Proposed ordinance (cont.) Enlargement, etc. of existing establishments: An existing establishment that fits within the definition of “bar or nightclub”as of the date of adoption of the new ordinance may be enlarged, structurally altered, etc. ONE TIME without City Council approval IF AND ONLY IF the following conditions are met : Enlargements, etc. No previous violations of CUP (if it 1. has one); 2.Has not been previously expanded since new ordinance was adopted; 3.Not in an APZ (with minor exceptions); and 4.No increase in net occupant load Enlargements, etc. The “no net occupant load increase” rule can NEVER result in an establishment being more crowded at maximum occupancy The rule encourages existing bars to become more restaurant-like, i.e., less standing and more tables and chairs Enlargements, etc. Under this provision, if a bar or nightclub expands, is structurally altered, etc. . . It will thereafter be subject to the all of the conditions in the CZO that apply to bars and nightclubs even though it does not have a CUP. The ordinance does not (and may not) regulate matters within the purview of the State ABC regulations. They include (without limitation): 1.Hours at which alcohol may be served; 2.How or to whom alcohol is served; 3.Construction, illumination and arrangement of interior areas; 4.Conduct of patrons and employees while in the establishment; 5.Ownership & transfer of license or establishment The Planning Commission held a public hearing on September 13, 2006. No one appeared in opposition to the ordinance, and the Commission by unanimous vote recommended approval of the ordinance. Further Considerations/Caveats The threshold of 10 square feet per person in the definition was the best estimate Staff could make during this process. However, since the Planning Commission meeting in September, questions as to whether it is the right number have arisen. It could well be that an establishment can be laid out so as to not fall within the definition (and therefore not need a CUP) but still have all of the characteristics of a bar or nightclub that are normally associated with the use. Further Considerations/Caveats, cont. Many localities (including some within Hampton Roads) have definitions that are more inclusive than that in the proposed ordinance. The proposed ordinance regulates bars and nightclubs (as defined in the ordinance) but does not require a CUP for every establishment that serves alcoholic beverages. A CUP is required ONLY if there will be < 10 s.f. per person alcoholic AND beverages are served after midnight. Further Considerations/Caveats, cont. City Council should consider changing: 1.The O.L.D. threshold of 10 s.f. per person (to increase number of s.f.); or 2.“AND”to “OR”in the definition (i.e., require a CUP if the O.L.D. threshold is met or either alcohol is served after midnight; or 3.Both of the above Further Considerations/caveats, cont. The Police Department has also requested that we look at a number of additional provisions designed to enhance the public safety aspect of bars & nightclubs. -use of private security -parking lot illumination/cameras -noise levels -special regulations for live music/DJs/dance floors -application of teen club/dance hall ordinance provisions Further Considerations/Caveats, cont. Staff Recommendation: These potential changes (in the definition or the added “public safety”measures) should be explored further in order to determine which particular measures should be incorporated into the proposed ordinance and how they should be incorporated (e.g., in CZO or as standalone ordinance).If City Council agrees: The Council action now scheduled for October 10 will need to be deferred. Council should also refer the revised ordinance back to the Planning Commission for review, in which event the new ordinance could come back to Council in early December.