Loading...
HomeMy WebLinkAboutOrdinance - 8888-1986 - Ordinance 8888 Amending Chapter 29, Sect. 29-3 Restaurant Kitchen/Alcohol Sales - 01/23/1986.-. ' .. JCR:cl First Re{lding January 23, 1986 Agenda Item #24 Second Reading February 13s 1986 Agenda Item #14 8888 ORDINANCE NO.----- AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "ZONING", BY AMENDING SECTION 29-3 TO PROVIDE FOR A DEFINITION OF "RESTAURANT", "RESTAURANT KITCHEN FACILITIES" AND "RESTAU- RANTS WITH MIXED ALCOHOLIC BEVERAGE SALES AS AN INCIDENTAL USE"; REPEALING SECTIONS 29-16(d)(1), 29-17(d)(1), 29-18(d)(1) AND 29-23.1(d)(1) WHICH PROVIDES FOR A DANCE FLOOR AS A CONDITIONAL USE IN THE "C-2A", "C-2", "C-3 11 AND "IHO" ZONE DISTRICTS; AMENDING SECTION 29-28(f)(2) BY PROVIDING A NEW SPECIAL EXCEPTION ALLOWING DANCE FLOORS TO BE LOCATED IN RESTAURANTS IN "CA", "C-2A", "C-2", "C-3", "IHO", "IHC" OR "IHI" ZONE DISTRICTS, NOT TO EXCEED 400 SQUARE FEET; BY AMENDING SECTION 29-30(b)(3) PROVIDING FOR A REQUIREMENT OF A ZONING CERTIFICATE FOR All PERSONS, FIRMS AND CORPORATIONS USING OR OCCUPYING A BUILDING AS THE HOLDER OF A MIXED ALCOHOLIC BEVERAGE PERMIT; ESTABLISHING FEES FOR SUCH ZONING CERTIFICATE; AUTHORIZING THE ZONING ADMINISTRATOR TO ENFORCE THE PROVISIONS OF ZONING CERTIFICATES IN ACCORD WITH SECTION 29-30(b)(5) OF THE ZONING ORDINANCE; PROVIDING FOR APPEAL OF THE ZONING ADMINISTRATOR'S DECISION TO THE ZONING BOARD OF ADJUSTMENT; PROVIDING A TIME LIMIT FOR APPEAL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed amendment to the Zoning Ordinance as hereinafter made has 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 it would be expedient and in the interest of the public health, morals, and general welfare to so amend said Zoning Ordinance; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance had been fully complied with, as well the publication of notice in compliance with Section 29-29 of the Code of Ordinances, City of lubbock, Texas and Article 1011d, Vernon's Annotated Civil Statutes, and such notice was duly published in the lubbock Avalanche-Journal 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 duly held in the City Council Room, City Hall, 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, that the Zoning Ordinance 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: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT Section 29-3(97) of the Code of Ordinances, City of lubbock, Texas is hereby amended to read as follows: ' .. "(97) RESTAURANT: A place where the primary business is the prepara- tion and sale, on the premises, of food to members of the general public, and providing kitchen facilities separate and apart from the area of the premises devoted to public dining and which may or may not provide live entertainment to patrons of the premises. Public dancing shall be allowed on premises only upon the granting of a special exception by the ZBA as provided in this Code." SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding sections to be numbered 29-3 (97.1) and 29-3 (97.2), which said sections read respectively as follows: "(97.1) RESTAURANT KITCHEN FACILITIES: A separate area located in or on the premises of a restaurant which area meets the following conditions or standards: a. Meets all requirements of other applicable City Codes. b. Contains a stove and oven in working order. c. Provides refrigerated storage for food to be prepared and sold on the premises. d. Is staffed by a full time cook or chef who must be on duty for the preparation of food during the hours that the restaurant is open to members of the general public until the hour of 11:00 p.m. each day said restaurant is open for business. e. Provides a full service menu with a variety of entrees to be available until 11:00 p.m. each day to members of the general public seeking food on the premises which list all food items for sale together with the price of such items. f. Maintains a food inventory and condiments for use by the cook or chef in the preparation of food for sale to members of the general public. g. Provides pots, pans and utensils necessary for use by the cook or chef in the preparation of menu items for sale to members of the general public." "(97.2) RESTAURANT WITH MIXED ALCOHOLIC BEVERAGE SALES AS INCIDENTAL USE: A place meeting the definition of "restaurant" as set forth in this Code and containing "Restaurant Kitchen Facilities" as defined in this Code that serves mixed alcoholic beverages to members of the general public as an incidental use to their primary business opera- tion and which meets the following conditions: -2- '. a. No outside or exterior entrance shall be provided for any area of the premises exclusively devoted to the preparation, sale and primary consumption of mixed alcoholic beverages. b. No outside sign, separate identification, or advertising of any type shall be allowed for the area within the restaurant devoted to the preparation, sale and primary consumption of mixed alco- holic beverages. c. No independent advertising of mixed alcoholic beverages for sale shall be allowed, however, it shall be permissible to advertise the sale of mixed alcoholic beverages with food offered for sale to the general public in any public advertisement." SECTION 3. THAT the Code of Ordinances, City of Lubbock, Texas is hereby amended by repealing Sections 29-16{d)-1, 29-17{d)(1), 29-18{d)(1) and 29-23.1(d){1). SECTION 4. THAT the Code of Ordinances, City of Lubbock, Texas is hereby amended by adding a subsection, to be numbered 29-28{f)(2)n., which said subsection reads as follows: "n. Permit in any "CA", "C-2A", "C-2", "C-3", "IHO", "IHC" or "IHI" zoning district, as provided for and established in this Code, a dance floor for public dancing to be located within a restaurant, not to exceed 400 square feet." SECTION 5. THAT Section 29-30(b)(3) of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "{3) ZONING CERTIFICATE a. No person, firm, corporation or association shall use or occupy any building, premises or structure within the City of Lubbock as the holder of a mixed alcoholic beverage permit without obtaining and maintaining a zoning certificate issued by the Zoning Administrator of the City of lubbock. b. A zoning certificate, required under this Section shall be issued for a period of one year, renewable annually by the Zoning Administrator of the City of Lubbock after an inspection of the premises verifies that no violations of this Code exist. c. An application for a zoning certificate shall be submitted to the Administrator of the Zoning Department of the City of Lubbock upon the form furnished by said Administrator and shall contain the following: -3- 1. The name and address of the owner of the building, premises or structure for which the zoning certificate is sought. 2. The name and address of the applicant shall also be fur- nished and, if the applicant is not the owner of the build- ing, premises or structure for which the certificate is sought, this fact shall be noted upon the application. J. The legal description of the property for which the zoning certificate is sought. 4. Applicant shall state his interest in the business for which the zoning certificate is sought. 5. If the applicant is a partnership or corporation, applicant shall furnish the following information: (i) the name and address of each partner (ii) the name and addresses of the Directors and Officers of a corporate applicant. 6. The applicant shall furnish the business name under which the applicant intends to operate. 1. A scaled drawing of the interior floor space showing the area dedicated to kitchen use, with labeled descriptions of all stoves, ovens, and cooking or refrigerated storage apparatus in conjunction with the restaurant. Such equipment shall be installed before a certificate of occupancy is issued. 8. Any other information which the Zoning Administrator of the City shall deem pertinent to the enforcement of this Ordinance. d. There is hereby established a fee in accordance with Section 11.38 Tex. Alco. Bev. Code Ann., in the amount of one half of the fee authorized, to be charged by the State of Texas for each class of permit requested in accordance with the Alco. Bev. Code and no zoning certificate shall be issued or renewed until such fee has been paid. e. A zoning certificate may be renewed based upon the original application on file provided all fees, if any are allowed, shall have been paid and the applicant files a sworn statement with the Administrator of the Zoning Department of the City that the information contained in the original application on file is still correct. -4- . - f. In every case where a zoning certificate is sought for a res- taurant with mixed alcoholic beverage sales as an incidental use, said applicant shall also file a written statement signed by the applicant that he has read all of the provisions of this Code, understands same and intends to operate a restaurant, with the incidental right to sell mixed alcoholic beverages to customers of said restaurant as defined in this Code. g. Any zoning certificate issued under this section to a restaurant with mixed alcoholic beverage sales as an incidental use, shall further state that the owner, operator or proprietor of said premises is free at any time to enlarge or remodel said premises provided the following conditions are met: 1. That the requirements set forth in Section 29-3(97.2) subsections a. through c. are met. 2. That the applicant will meet all other requirements of this Code. J. That the applicant meets all other provisions of the Code of Ordinances of the City of Lubbock. If at the time the building permit is sought for the enlarging or remodeling of the premises, the Zoning Administrator of the City shall review said remodeling plans and if he finds that the plans meet the conditions set forth in this subsection, he shall endorse his approval upon said plans and the current zoning certificate held by the person, firm, corporation or association seeking the enlargement or remodeling of the premises and such endorsement shall serve to amend the original zoning certificate held and no further action shall be necessary, except that a copy of the plans showing the premises as enlarged or remodeled shall be filed with the Zoning Administrator. h. In the event that the Zoning Administrator of the City of Lubbock finds that the application for a zoning certificate is insuf- ficient, incomplete or that the evidence does not warrant the issuance of said certificate, then in such event he shall refuse to issue the certificate. The decision of the Zoning Adminis- trator to deny issuance of a zoning certificate may be appealed to the Zoning Board of Adjustment in accordance with the pro- visions of Art. 1011g, V.A.C.S. The applicant, who has been denied the issuance of a zoning certificate may reapply for said certificate upon a showing that he has corrected any violation and is in compliance with this Code. i. The Zoning Administrator shall, as to any person, firm, cor- poration or association operating a Restaurant with the sale of mixed alcoholic beverages as an incidental use, issue his order -5- . . . pursuant to Section 29-30(b)(5) of this Code to cease and discontinue said incidental use in all cases where the Zoning Administrator determines that said premises operated by any person, firm, corporation or association is not being operated as a restaurant with mixed alcoholic beverage sales as an incidental use as defined in this Code. j. In the event any person, firm, corporation or association who has obtained a zoning certificate under the provisions of this Section fails to comply with the Zoning Code of the City of lubbock, then in such event said Zoning Administrator shall issue his order to discontinue the use and occupancy of the premises in accordance with the provisions of Section 29-30(b)(5) of this Code. k. A zoning certificate obtained under this section shall not be transferable. 1. Separation and parking exception. An occupant of premises holding a private club permit issued by the Texas Alcoholic Beverage Commission which was valid on April 1, 1972, shall be permitted to obtain a mixed beverage permit without complying with separation and parking requirements of this ordinance [chapter], provided a zoning certificate has been issued to such occupant by the administrator. m. Section 29-27 of the lubbock Zoning Ordinance as codified (Nonconforming Buildings and Uses) shall have no application to any provisions of the following section of the Code of Ordinances of the City of lubbock: Sec. 29-30(b)(3) -Zoning certificate nor to the following definitions when said definitions are utilized under Section 29-30(b)(3) for the examination of an application for a zoning certificate: Sec. 29-3(97) -Restaurant Sec. 29-3(97.1) -Restaurant Kitchen facilities Sec. 29-3(97.2) -Restaurant with Mixed Alcoholic Beverage Sales as Incidental Use SECTION 6. THAT Section 29-30(b)(5) of the Code of Ordinances of the City of lubbock, Texas is hereby amended to read as follows: "(5) Vacate order. Whenever any building or portion thereof is being used or occupied contrary to the provisions of this ordinance [chapter], the administrator shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served on any person using or causing such use or occupancy to be -6- continued and such person shall vacate such building or portion thereof within ten (10) days after receipt of such notice or make the building or portion thereof comply with the requirements of this ordinance [chapter], or appeal such order to the ZBA within said ten (10) days. Any vacate order not appealed within ten (10) days becomes final." SECTION 7. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine as provided in Section 29-31(a) of the Zoning Ordinance of the City of Lubbock. SECTION a. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 9. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Passed by City Council on Passed by City Council on APPROVED AS TO CONTENT: AND IT IS SO ORDERED. first reading this 23rd day of January second reading this 13th ~y of e uary / AL City Manager APPROVED AS TO FORM: -7- ' 1986. ' 198.6.