§ 58.713. Approval as Exception to Distance Requirements.

(A)

Submittal of Application. To apply for the exception for certain eating and drinking establishments set forth in Section 58.712, the owner or vendor shall submit to the Zoning Official the following:

(1)

Detailed, proposed menu;

(2)

Detailed, to-scale floor plan clearly identifying the following:

(a)

The kitchen area, dining area, bar area, if any, waiting area and any other area;

(b)

The square feet of each identified area and the identified facility;

(c)

The seating arrangement and number of seats in the dining and bar areas;

(d)

A "typical" of each type of table, showing height, surface area and seating capacity referenced to its location in the seating arrangement;

(e)

The location of the equipment and facilities in the kitchen;

(f)

The rated patron capacity of the facility; and

(3)

A notarized statement from a qualified restaurant owner or operator, or other qualified food service professional, recognized by the City as qualified, stating the following:

(a)

His or her qualifications;

(b)

The anticipated percentage of revenues to be derived from food and non-alcoholic beverages based upon the anticipated operation of the restaurant facility and the above information; and

(c)

Any other materials that may provide insight into the total percentage of gross revenues the establishment expects to earn from sales of food and non-alcoholic beverages.

(B)

Zoning Official Determination. The Zoning Official shall review the application and shall then issue one of the following determinations:

(1)

The establishment qualifies as an exception to the distance requirements pursuant to Section 58.712(A)(1)(a);

(2)

The establishment does not qualify as an exception to the distance requirements pursuant to Section 58.712(A)(1)(a) but may apply for a Conditional Use Permit pursuant to Section 58.712(A)(1)(b); or

(3)

The establishment does not qualify as an exception to the distance requirements.

(C)

Conditional Use Permit Procedures. An eating and drinking establishment which is located at least 500 feet from, but no more than 1,000 feet from, an established school and/or an established church, but which is otherwise prohibited from the sale of alcoholic beverages for on-premise consumption because its sales of food and non-alcoholic beverages are less than 51% of gross revenues, may apply for a Conditional Use Permit to permit the sale of alcoholic beverages for on-premise consumption. Such application shall be submitted and reviewed in accordance with the procedures set forth in Chapter 65, Part 2D. When the City approves any Conditional Use Permit pursuant to this Section, it shall require that the applicant comply with the requirements of Section 58.712(A)(3)-(4) and may also prescribe additional conditions and safeguards in conformity with the intent and provisions of this Code, including any of the following listed conditions. Violation of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is approved, shall be deemed a violation of this Code subject to enforcement under the provisions of Chapter 5 of this Code.

(1)

Require that the eating and drinking establishment have permanent kitchen facilities within the premises in which full-course meals are regularly prepared for service to patrons of the establishment.

(2)

Limit noise levels from live or recorded music.

(3)

Require that no entry fees or "cover" charges be charged at any time by the establishment.

(4)

Limit the hours when alcoholic beverages may be sold.

(5)

Specify other conditions to permit development of the City in conformity with the intent and purpose of this Code and the adopted Growth Management Plan.

(D)

Records of Revenues. The owner or vendor of an establishment approved as an exception to the distance requirements pursuant to this Subpart shall maintain records of total gross revenues, and these records shall be made available within 14 days of a demand made by the Zoning Official. The sales percentage required by this Subpart shall be computed by adding all gross sales of food, non-alcoholic beverages and alcoholic beverages and thereafter dividing that sum into the gross sales of food plus non-alcoholic beverages. The establishment and its representatives shall bear the burden of establishing compliance with the required percentage and the other requirements of this Subpart. In the event the City finds an establishment in violation of the requirements of this Subpart, the City may pursue any penalties provided for under state and local law, including revoking the City's zoning approval to operate in a specific location. The City shall promptly report any such revocation to the State Department of Business and Professional Regulation.

(Ord. of 10-29-2001, § 11, Doc. #011029704)

Editor's note

Ord. of 10-29-2001, § 10, Doc. #011029704, repealed the former § 58.713 which pertained to variance from distance requirement and derived from the original codification. Section 11 of said ordinance enacted a new § 58.713 as set out herein.