347-11 city plan entertainment venues

8/7/2019 347-11 City Plan Entertainment Venues

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C OF C 125-174

Ordinance No. 347-11Council Members Cleveland, Mitchell,and Sweeney(by departmental request)

AN EMERGENCY ORDINANCE

To repeal all Sections of Chapters 688, 6692, and 692A, as enacted or amenvarious ordinances, relating to billiardbowling alleys, dance halls and danceentertainment, and coin operated amdevices; to repeal Section 347.12 retattooing and body piercing; to amend

343.01, 343.11, , and 349.04, as amevarious ordinances; to renumber existing325.570 to new Section 325.571 and 325.571 to new Section 325.573;and new Sections 325.091, 325.511, 325.711, 329.041, 343.15, 690.01 to 690690.99 relating to zoning and EnterVenues.

WHEREAS, this ordinance constitutes an emergency measure providing for the


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Section 689.99, as amended by Ordinance No. 478-49, passed June 27,1949,

Section 690.01, as amended by Ordinance No. 101423, passed April 16,1934,

Sections 690.02, 690.03, and 690.04, as enacted by Ordinance No. 9427passed May 11, 1931,

Section 690.05, as amended by Ordinance No. 2393-02, passed February3 2003


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Sections 692A.01 to 692A.03, as enacted by Ordinance No. 2393-02,passed February 3, 2003,

Sections 692A.04, as amended by Ordinance No. 2393-02, passedFebruary 3, 2003,

Section 692A.05, as enacted by Ordinance No. 356-A-91, passed March

28, 1991,

Section 692A.06, as amended by Ordinance No. 1104-94, passed June 11994,


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during at least seventy-five percent (75%) of operating hours, and in which alcoholicbeverages are sold to customers for consumption on the premises.

Section 329.041 Conditional Uses

The Board of Zoning Appeals shall consider an application for approval of anyuse permitted as a Conditional Use in a particular zoning district in accordance with th

following provisions.

(a) Purpose. These provisions regarding Conditional Uses are established toensure the proper regulation of certain uses that cannot be permitted by right in

ti l i di t i t ith t b id ti f th i t f th


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Ordinance No. 347-11Council Members Cleveland, Mitchell,and Sweeney

(by departmental request)

ensure that the plans submitted by the applicant are in conformance with thoseapproved by the Board and with any conditions required by the Board.

(d) Criteria. An application for a Conditional Use shall be approved only if it determined that the use will conform to the following criteria:

(1) The Conditional Use will be in general accord with the purpose,

intent and objectives of the zoning code and the district in which it would belocated.

(2) The establishment, maintenance or operation of the ConditionalU ill t b d t i t l t d th bli h lth f t f t


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determine whether the proposal meets the following criteria, in addition to thecriteria of division (d) of this section.

A. The outdoor area is located or configured in a manner thatwill prevent noise, vibration, and exterior lighting from disturbingoccupants of nearby residences or likely future residences in proximity tothe outdoor area.

B. Sound volumes from entertainment to be performed orbroadcast on the outdoor dining area will be limited so as not to disturboccupants of nearby residences or likely future residences.


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(a) Entertainment. In Local Retail Districts, entertainment provided in anyrestaurant, tavern or bar as well as an accessory use or activity in any business, shallbe limited to unamplified acoustic musical instruments or other entertainment thatproduces noise levels no greater than that produced by unamplified acoustic musicalinstruments. In all zoning districts, the space in which the entertainment will take placshall be situated, designed and configured in a manner that ensures that no noise orvibration emanating from such use will be perceptible on the premises of any

Residential District or dwelling unit existing at the time of the establishment of the useother than a dwelling unit located in the same building as the entertainment activity. all zoning districts, noise associated with such entertainment shall be regulated by theprovisions of Sections 605.10 and 683.01.


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Chapter 690Entertainment Venues

Section 690.01 Definitions

The terms used in this chapter shall have the following meanings unless anothe

meaning is clearly apparent in the language or context:

(a) Public Dance means any dance that is attended or patronized by thepublic with or without the payment of a fee or other valuable consideration, including

t t d i P bli D d t i l d hibiti


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controlled by him to be used for the purpose of an entertainment venue unless thesame has been licensed.

Section 690.03 License Application; Issuance; Rejection; Appeal

(a) Every person desiring a license to operate an entertainment venue shall

make application with payment of appropriate fees to the Commissioner of Assessmenand Licenses. Each application shall be in the form prescribed by the Commissioner oAssessments and Licenses, and shall contain the following:

(1) if i di id l th id ti t l h


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The application shall include such other information as the Commissioner may require.Such application shall be filed at least thirty days prior to the time of granting suchlicense. If alcohol is proposed to be served as part of the business, the application shinclude a copy of the applicants liquor permit.

(b) The Commissioner of Assessments and Licenses shall transmit suchapplication for inspection and investigation to the Director of Building and Housing, theDirector of Public Health, the Division of Fire, the Division of Police, and the Director oPublic Safety, each of whom shall, after such inspection and investigation as they maydeem necessary, make a report with recommendation (including reasons therefore) foth l di l f h li ti Th C i i f A t


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judgment of such Board shall be final. No applicant to whom a license has beenrefused shall make further application until a period of at least six months has elapsedsince the last previous rejection.

(g) No license shall be granted to a person under twenty-one years ofage, or to any person who is not a citizen of the United States.

(h) No license shall be renewed without a re-inspection of thepremises.

S ti 690 04 E ti


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Billiards base fee, plus $20.00per table over 1

Bowling Alley base fee, plus $20.00per lane over 8

Restaurant, coffee houses, night clubs or othersimilar place that uses music amplification base fee, plus $75.00for an outdoor area

Roller Rink base fee


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(4) Has been convicted of any felony reasonably related to the abilityof the applicant to operate and maintain the premises in a proper manner; or

(5) Permitted the solicitation of patrons on the premises forprostitution or any other unlawful act where the applicant or the applicant'semployee or agent knew or should have known of such conduct; or

(6) Failed to furnish any and all data, information and records relatedto the operation of the establishment, when such has been requested by theDivision of Police or other authorized official of the City; or

(7) F il d t i t i d ll f th l lifi ti


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Section 690.08 Minors Prohibited

(a) No person conducting an entertainment venue, nor any manager or othagent of such person shall permit any person to attend or take part in anyentertainment venue providing for billiards, or amusement devices under division (b)(2of Section 690.01 who has not reached the age of eighteen years. No person shallrepresent himself or herself to have reached the age of eighteen years in order toobtain admission to an entertainment venue providing billiards, or amusement devicesunder division (b)(2) of Section 690.01 or be permitted to remain therein when suchperson in fact is under eighteen years of age.


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doors when opened as needed for ingress and egress, or any other means whichconveys or facilitates amplified music being conveyed from inside the confines of thebuilding to the outside of the building.

(d) Outdoor l patios shall be operated in the following manner: (i) maximumoccupancy shall not exceed one person per 3.5 square feet of patio area; (ii) exteriorlighting shall not disturb occupants of nearby residences; (iii) occupancy for purpose ofood or beverage service is prohibited during the hours of 1:00 a.m. to 7:00 a.m.; and(iv) outdoor music amplification is prohibited during the hours of 1:00 a.m. to 7:00a.m.

( ) P ki l t d l d f t t i t ki h ll b


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and Licenses a complete list of sweepstakes winners on a monthly basis on or beforethe tenth day of each preceding month on forms provided by the Commissioner.

(d) The operator shall have present on the premises at all times when thepremises are open to the public at least one adult who is 21 years of age or over whohas not been convicted of any felony or of any misdemeanor involving the operation oa sweepstakes terminal caf or involving physical violence, gambling activities,controlled substances, alcoholic beverages, minors or any crime involving moralturpitude.

(e) No operator shall fail to maintain order and quiet on the premises so ast t i l t th bli


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shall be renewed on June 30 of odd numbered years; licenses in the Fourth PoliceDistrict shall be renewed on August 31 of odd numbered years; and licenses in the FiftPolice District shall be renewed on March 31 of odd numbered years.

Section 690.13 Gambling Devices Prohibited

Nothing in this chapter shall in any way be construed to authorize, license orpermit any gambling device whatsoever, or any amusement device that has beenjudicially determined to be a gambling device or that is prohibited by any present orfuture law.


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A. The sale of baked goods, confectionery, dairy products,delicatessen, fruits, vegetables, groceries, meats.

B. The sale of dry goods and variety merchandise, excludingdepartment stores.

C. The sale of men's and boy's furnishings, shoes, hats,women's ready-to-wear, furs, millinery, apparel, accessories.

D. The sale of china, floor covering, hardware, householdli di i t ll t i l d bj t f i t i


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business hours, in the number of persons or cars to be attracted to the premiseand in effect upon the adjoining Residence Districts.

(8) Accessory uses, only to the extent necessary normally accessory tthe limited types of neighborhood service use permitted under this division.

Section 343.11 General Retail Business Districts

(a) General retail business means an enterprise for profit for theconvenience and service of, and dealing directly with, and accessible to, the ultimate

ith i j i t dj t i t th t th f b


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G. Service establishments: service establishments permitted ina Local Retail Business District without limitation on the number ofpersons engaged in such work or business; mortuary or undertakingestablishment; printing shop, provided not more than five persons areengaged in such work or business; research laboratory, radio or televisiostation, telephone exchange or transformer station, provided all buildingsand structures except fences and barriers are located not less than fifteefeet from a Residence District; hospital, sanitarium, convalescent home,rest home, nursing home, orphanage or home for the infirm or aged,provided that all main buildings are not less than fifteen feet from anyadjoining premises in a Residence District not used for a similar purpose;

t d d h it l t h id d i d d ff ti l


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M. Adult entertainment uses subject to the regulations ofSection 347.07.

N. Transportation services: railroad station; public servicestation; bus passenger station; bus terminal, provided the roadway of thstreet upon which the bus entrance or exit is located is at least forty-foufeet wide between curbs.

O. Office, display or sales space of a wholesale, jobbing ordistributing establishment and specifically mentioned as permitted only in

l t i t d di t i t i ti ith hi h t th t t


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2. Where the slaughtering room is part of a masonrybuilding used entirely for the handling of poultry and/or game, sucslaughtering room shall be separated from the sales or storageroom by a solid masonry wall in which there may be only oneopening not greater than four square feet in size, located not lessthan four feet above the floors of both rooms, equipped with eithea self-closing window or self-closing door. Such slaughtering roomshall be entered only from outside the building.

3. In either case, such slaughtering room shall be usedonly for killing, flicking and dressing and shall be not less thant t fi f t f th b d f th i hi h it


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surrounding properties by considering all odors, noises, and fumethat will emanate from the lot on which the applicant Kennel islocated.

S. Any other building, use or service similar to the uses hereinlisted in the type of services or goods sold, in the number of persons orcars to be attracted to the premises or in the effect upon adjacent areasin more restricted use districts.

T. Any accessory use customarily incident to a use authorizedby this section, except that no use specified in divisions (b) and (c) ofS ti 345 04 hibit d itt d l b i l it i


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Trailer camps One for each trailer.(b) Accessory Uses in Residence District

Home occupations:

(1) Medical or dental offices Three for each establishment.

(2) Clergyman, architect, engineer,attorney or similar professional offices

Two for each establishment.

Farms, truck-gardens, nurseries,stables where sales are made on

premises

Total parking area equal to twenty-fivepercent of the lot area devoted to sales.

(c) Schools


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halls, dance halls, exhibition halls,gymnasiums, indoor theaters, pool orbilliard halls, stadiums and similar

indoor amusement or recreation uses

whichever is greater.Where there are no fixeseats each twenty-four inches of bench orpew shall be considered one seat.Where

there are no seats, benches or pews, eachtwenty square feet of ground or floor areausable for seating shall be considered one

seat.

Bowling alleys Seven for each lane.

Bus depotsOne for each 100 square feet of gross floo

area, plus one for each two employees.

Clubs and lodges including fraternityTotal parking area equal to one half the gro


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Establishments for the sale of boats,farm implements, furniture,

gymnasium supplies, hospital supplies,office supplies, machinery, major

appliances, new automobiles

For establishments having less than 2,000square feet of gross floor area, one for eac1,000 square feet of gross floor area. Forestablishments having 2,000 square feet ogross floor area or more, one for each 700

square feet of gross floor area.

Establishments for the sale of china,floor covering, hardware, householdequipment, paint, small appliances,

wallpaper and other retail sales items

For establishments having less than 2,000square feet of gross floor area, one for eac

700 square feet of gross floor area. Forestablishments having 2,000 square feet ogross floor area or more, one for each 500


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the owner or manager, and reservoir spaceequal to five times the capacity of thelaundry.

Mortuary and undertakingestablishments

Eight for each slumber room, chapel or parlor one for each 100 square feet of floor areof assembly rooms whichever is greater, plu

one for each vehicle maintained on thepremises.

Radio or television stationsOne for each two employees. See also

requirements for auditoriums.

Repair and service garagesOne for each 500 square feet of gross floo


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twenty-five percent of the gross floor areawhichever is lesser.

(k) Other Permitted Uses in All Districts

Parking spaces shall be provided on the sambasis as required for the most similar listed

use.

As used in this chapter, "gross floor area" in the case of offices, merchandising or

service types of uses means the total floor area used or intended to be used for servicto the people as customers, patrons, clients or patients, or as tenants, including areaoccupied by fixtures used for display or sale of merchandise.

It shall not mean floors or parts of floors used principally for nonpublic purposes, suc


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Ord. No. 347-11 REPORTafter second Reading

Council Members Cleveland, Mitchell, and Sweeney (by departmental request)

An Emergency OrdinanceTo repeal all Sections of Chapters 688, 689, 690, 692, and 692A, as enacted or amended by various

ordinances, relating to billiard rooms, bowling alleys, dance halls and dances, music entertainment, and

coin operated amusement devices; to repeal Section 347.12 related to tattooing and body piercing; toamend Sections 343.01, 343.11, , and 349.04, as amended by various ordinances; to renumber existing

Section 325.570 to new Section 325.571 and Section 325.571 to new Section 325.573;and to enact newSections 325.091, 325.511, 325.572, 325.711, 329.041, 343.15, 690.01 to 690.12 and 690.99 relating to

zoning and Entertainment Venues.READ FIRST TIME

and referred to Directors of City Planning Commission, Finance, Law;Committees on City Planning, Legislation, Finance.by the council March 14, 2011.

CCIITTYY CCLLEERRKK,, CCLLEERRKK OOFF CCOOUUNNCCIILL PPRROO TTEEMMPPOORREE

READ SECOND TIMEby the council

CITY CLERK

READ THIRD TIMEby the council

PRESIDENT

CITY CLERK

APPROVED

MAYOR

Recorded Vol. 98. PagePublished in the City Record

347-11 city plan entertainment venues

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