§ 58.707. Exceptions to Distance Requirements.

The sale of alcoholic beverages for on-premise consumption or the package sale of alcoholic beverages shall be exempt from the provisions of Section 58.705 for the following, as described below:

Full-service restaurants.

Publicly-owned facilities.

Bars/nightclubs in hotels or motels where there is no direct access from or to the outside.

Package Sale of Beer and/or Wine.

Cultural arts facilities.

(a)

Full-Service Restaurants. The provisions of Section 58.705 (above) shall not apply to the sale of alcoholic beverages for on-premise consumption at a full service restaurant. A full-service restaurant is defined as an establishment serving full-course meals and engaged primarily in the service of food and non-alcoholic beverages, with alcoholic beverages generally only consumed or sold in connection with the consumption or sale of food during all hours of operation. A full-service restaurant may have a bar area in which alcoholic beverages are served and consumed without the accompanying sales and consumption of food; however, such bar area shall be no more than twelve percent (12%) of the total gross floor area of the full-service restaurant.

An establishment which contains pool tables, video games, a stage, live entertainment, illuminated or non-illuminated signs advertising alcoholic beverages, permits dancing, or which has live music or plays recorded music at a level above 70 decibels (measured six inches from the source), shall not be considered to be a full-service restaurant. An establishment which charges a cover charge at any time shall not be considered a full-service restaurant. An establishment which advertises anything other than the sale of food shall not be considered a full-service restaurant.

The full-service restaurant must have permanent kitchen facilities located within the premises in which full-course means are regularly prepared for service to patrons of the establishment. Such kitchen facilities must be designed, constructed, equipped and maintained to actually allow preparation of food in sufficient quantities to serve full-course meals simultaneously to a number of patrons equal to at least fifty percent (50%) of the rated patron capacity of the restaurant. No person shall attempt to circumvent the intent of this Part by an artifice or scheme, such as the serving of stock meals. Stock meals as used herein are defined to include and refer to the serving of cold plates, snacks, previously-prepared sandwiches and any other type of meal which is capable of being served to more than one customer.

The dining area shall contain tables and chairs or booths of standard table height. Counters and tables of cocktail table height shall not be permitted. All tables shall meet or exceed the minimally acceptable standard of 256 square inches of table space per patron.

The bar area, if one exists, shall be visually or physically separated from the remainder of the full-service restaurant and shall include the bar itself, any stools, chairs or other seating adjacent to the bar, and any other seating separated from the remainder of the full-service restaurant. The bar shall be accessible only from within the full-service restaurant and shall not have direct customer access to or from the outside.

(b)

Publicly-Owned Facilities. The provisions of Section 58.705 (above) shall not apply to the sale of alcoholic beverages for on-premise consumption at an establishment located within a facility owned by the public where the primary purpose and design of the facility is to accommodate the assembly of people for entertainment or recreation.

(c)

Certain Bars/Nightclubs in Hotels or Motels. The provisions of Section 58.705 (above) shall not apply to the sale of alcoholic beverages for on-premise consumption at an establishment located within a hotel or motel containing 100 or more guest rooms where such establishment in the hotel or motel has no direct entrance or exit on a public street.

(d)

For Package Sale of Beer and/or Wine. The provisions of Section 58.705 (above) shall not apply to a vendor who operates an establishment, the primary purpose of which is the package sale of beer and/or wine, and who permits on-premise consumption only for the purpose of beer and/or wine tasting, incidental to the package sale of such beer and/or wine, at no charge to the customer.

(e)

Cultural arts facilities. The provisions of Section 58.705 shall not apply to the sale of alcoholic beverages for on-premises consumption of cultural arts facilities located within the AC-3A/T zoning district.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-20-1996, Doc. #29361; Ord. of 1-24-2005, § 9, Doc. #050124909)