The URL can be used to link to this page

Home My WebLink AboutOrdinance - 2001-O0092 - Amending Chapter 29 Section 29-3 - 11/15/2001First Reading November 15, 2001 Item No. 25 Second Reading December 3, 2001 Item No. 18 ORDINANCE NO.2001-00092 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY AMENDING SECTION 29-3 ENTITLED "DEFINITIONS" BY ADDING SECTION 29-3(106c) DEFINING SPORTS GRILL; BY AMENDING SECTION 29-17(c) TO PERMIT SPORTS GRILLS IN THE C-2 ZONING DISTRICT; BY AMENDING SECTION 29-17(L)(l) REGARDING OFF-STREET PARKING FOR SPORTS GRILLS; BY AMENDING SECTION 29-30(b)(3) TO REQUIRE A ZONING CERTIFICATE FOR SPORTS GRILLS; AND BY AMENDING SECTION 29-28(t)(2) ALLOWING THE ZBA TO AUTHORIZE SPECIAL EXCEPTIONS FOR PUBLIC DANCING IN SPORTS GRILLS; PROVIDING A PENAL TY; PROVIDING A SA VINOS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City council of the City of Lubbock passed Ordinance No. 2001- 00060, July 12, 2001, amending Article IX of the Code of Ordinances pertaining to smoking in public places, regulating smoking in work places, and regulating tobacco sales or sample to minors; and WHEREAS, Section 12-247b of the amended ordinance provides that the prohibitions against smoking in the ordinance do not apply to sports grills, as defined in the zoning ordinance of the city; and WHEREAS, the City council of the City of Lubbock desires to define "sports grill" in Chapter 29 of the Code of Ordinance; and WHEREAS, it is the intent of the City Council that children not be exposed to second-hand smoke, and that a facility qualifying as a "sports grill" have entertainment and activities that are oriented toward adults, not minors; and WHEREAS, the proposed changes in the Zoning Code as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and, after due consideration, the City Council finds that due to changed conditions, it would be expedient and in the interest of the public health, safety and general welfare to make those proposed changes; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance have been fully complied with, including giving notices in compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1997), and notice was duly published in the Lubbock A valanche-Joumal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice, was held in the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE: Sports Grill Ordinance-Page 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT the Code of Ordinances of the City of Lubbock, Texas, is hereby amended by adding a Section to be numbered 29-3(106c ), which said Section shall read as follows: "(106c) Sports grill with or without game machines or pool tables: a facility having a sports theme decor and atmosphere including telecast live or replayed sports events on regular or giant screen televisions throughout the customer area. At least one forty-three ( 43) inch or larger diagonal screen measure television shall be provided for each five thousand (5,000) gross square feet or portion thereof, and at least one twenty-five (25) inch or larger diagonal screen measure television shall be provided for each one thousand (1,000) gross square feet or portion thereof which shall be spaced (not grouped) within the patron area(s). A gameroom permit shall be required if more than five games are operated, and the entertainment focus of both games and music must be directed away from minors. Any facility having any attraction, activity, event or menu oriented towards minors shall not be eligible to operate as a sports grill. The facility shall provide food from a full service menu and operate a kitchen as described at 29-3(97 .1 ), except that the closing hour may be 10 p.m. Public dancing shall be allowed on premises only upon the granting of a special exception by the Zoning Board of Adjustment as provided in the Code. If the term "bar" is used in the name of the business, the term "grill" shall appear before the term "bar" (as in "grill and bar"), except that any business lawfully existing prior to July 1, 2001 that requests certification as a sports grill may continue to operate as nonconforming with the existing business name." Section 2. THAT Section 29-17 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding Sections to be numbered 29-17(c)(l2) and 29-17(1)(1), which said Sections shall read respectively as follows: "Sec. 29-17( c) Permitted uses. (12). Sports grill, allowing, but not requmng game machines including electronic, pinball, billiard tables or shuffleboard." "Section 29-17(1)(1) Off-street parking-Required b. Sports grill-One space for each fifty (50) square feet of gross floor area, except that any business lawfully existing prior to July 1, 2001 that requests certification as a sports grill may continue to operate as nonconforming with existing parking spaces." Section 3. THAT Section 29-28 of the Code of Ordinances, City of Lubbock, Texas is hereby amended by adding a Section to be numbered 29-28(f)(2)p, which Section shall read as follows: Sports Grill Ordinance-Page 2 "Section 29-28(f) Special Exceptions (2) p. Permit public dancing on the premises of a sports grill in any zoning district where a sports grill is allowed as a permitted use by the provisions of this ordinance." Section 4. THAT Section 29-30 of the Code of Ordinances, City of Lubbock, Texas is hereby amended by adding a Section to be numbered 29-30(b)(3)a3, which Section shall read as follows: "Section 29-30(b )(3) Zoning certificate a. Required 3. No person, firm, corporation or association shall use or occupy any building, premises or structure within the City of Lubbock as a sports grill, with or without alcoholic beverage sales, without obtaining and maintaining a zoning certificate issued by the Planning Department of the City of Lubbock." Section 5. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and Noll 00 Dollars ($2000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. Section 6. THAT should any paragraph, sentence, clause, phrase or work of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby Section 7. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 15th day of November , 200 I. Passed by the City Council on second reading this 3nI day of December , 2001. "· /,1 c/lt;;ti ATTEST: ~ .. ~.c. ~ Reb cca Garza, City Secrctary Sports Grill Ordinance-Page 3 ............... ~----- APPROVED AS TO CONTENT: , Senior Planner APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section L:\cityatt\Linda\sports grill ordinance-consensus Oct. 3, 2001 November 6, 2001 Sports Grill Ordinance-Page 4