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Home My WebLink AboutOrdinance - 7376-1976 - Amend 7084, Sect. 2.3 Defining Bar, Cocktail Lounge, Night Club, Tavern, Pub Etc - 12/09/1976r I , LGB:bsb ORDINANCE NO. 7376 ' ' AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK# BY AMENDING SECTION 2. 3 THEREOF DEFINING ALCOHOLIC BEVERAGES; ADDING A NEW SECTION 2. 7a DEFINING MIXEI ALCOHOLIC BEVERAGE PERMIT; AMENDING SECTION 2.12 DEFININGBA~ COCKTAIL LOUNGE# NIGHT CLUB. TAVERN. SALOON. PUB OR CANTINA; ADDING A NEW SECTION 2. 93a DEFINING PRIMARY BUSINESS ACTIVITY OR USE; AMENDING SECTION 2. 97 DEFINING RESTAURANT; ADDING A NEW SECTION 2.102a DEFINING SECONDARY BUSINESS ACTIVITY ~OR USE; ADDING A NEW SECTION 23A REGULATING BUSINESSES HAVING MIXED ALCOHOLIC BEVERAGE PERMITS; REPEALING SECTION 15. 3-38; REPEAL ING SECTION 15.12-12: AMENDING SECTION 19-12 REGULATING SEPARA- TION; AMENDING SECTION 21-12 REGULATING SEPARATION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council, after receiving the recommendations of the Planning and Zoning Commission, has determined that the existing defi- nitions and regulations pertaining to the sale of alcoholic beverages for on-premises consumption, as contained in Ordinance No. 7084 are no longer sufficient to achieve the purposes for which they were intended; and WHEREAS, the City Council finds that after all notices have been given and hearings held as provided by law, that it is in the best interest of the citizens of the City of Lubbock to make the change in the zoning law as herein- after set forth; NOW THERE FORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 2. 3 of Zoning Ordinance No. 7084 of the City of Lubbock, BE and is hereby amended to read as follows: "Sec. 2. 3 ALCOHOLIC BEVERAGE: Alcohol and any beverage containing more than one-half of one percent (j of lo/o} of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted. 11 SECTION 2. THAT Section 2.12 of Zoning Ordinance No. 7084 of the City of Lubbock, BE and is hereby amended to read as follows: · "Sec. 2.12 BAR, COCKTAIL LOUNGE, NIGHT CLUB, TAVERN. SALOON, PUB OR CANTINA: A place where a primary busineEB activity is the sale of alcoholic beverages for on-premises con- sumption. Live entertainment and dancing are permitted subject to regulation by other sections or ordinances. 11 '·· LGB:bsb SECTION 3. THAT a new Section 2. 7a BE and ls hereby added to Zoning Ordinance No. 7084 of the City of Lubbock which shall read as follows: "Sec. 2. 7a: MIXED ALCOHOLIC BEVERAGE PERMIT: as -': --·· i l defined in the Texas Liquor Control Act. For the purposes of Sec. 23A following Private Club Permits shall be regu- lated the same as Mixed Alcoholic Beverage Permits. 11 SECTION 4. THAT a new S.ecUon 2. 93a BE and is hereby added to Zoning Ordinance No. 7084 of the City of Lubbock which shall read as follows: 11Sec. 2. 93a: PRIMARY BUSINESS ACTIVITY OR USE: An activity or use which is a permitted use., approved condition- al use or approved specific use for the zone district in which the business premises are located. Unless otherwise speci- fiedJ the gross revenue from all primary business activities and uses shall not be less than 80% of the total gross revenues for that business site. 11 SECTION 5. THAT Section 2. 97 of Zoning Ordinance No. 7084 of the City of Lubbock BE and is hereby amended to read as follows: "Sec. 2. 97 RESTAURANT: A place where the on-premises sale of prepared food is a primary business activity. u SECTION 6. THAT a new Section 2.102a BE and is hereby added to Zoning Ordinance No. 7084 of the City of Lubbock which shall read as follows: "Sec. 2.102a SECONDARY BUSINESS ACTIVITY OR USE: An activity or use which is not a permitted use, approved conditional use or approved specific use for the zone dis- trict in which the business premises are located, but which may otherwise be allowed in a restricted manner incidental to and reasonably related to a primary business activity. 11 SECTION 7. THAT a new Section 23A BE and is hereby added to Zoning Ordinance No. 7084 of the City of Lubbock which shall read as follows 11Sec. 23A: REGULATION OF BUSINESSES HAVING MIXED ALCOHOLIC BEVERAGE PERMITS. 23A.l A business having a Mixed Alcoholic Beverage Permit is permitted as a primary business use in CA., C-4, M-lJ and M-2 zoning districts subject to being regulated as a Sec. 2.12 use. . .. LGB:bsb 23A. 2 A business having a Mixed Alcoholic Beverage Permit which is permitted as a secondary business use to any primary business use inCA, C-2A, C-2, C-3, C-4, M-1 or M-2 zoning districts shall be subject to the following regulations: 23A. 2-1 In each reporting period the gross revenue from all primary business activities shall not be less than sixty percent (60o/o) of the business1 total gross revenue for that same period. 23A. 2-2 Cover charges and similar fees shall be deemed part of this secondary business use. 23A. 2-2a For the purposes of Sec. 23A. 2-2, cover charges and similar fees shall be any scheme de- signed to produce revenue without rendering a ser- vice or product of similar value in exchange, and used for the purpose of apparently increasing the revenues from the primary business activities or decreasing the revenue from this secondary~-busi ness or both. 23A. 2-2b For the purposes of Sec. 23A. 2-2, ex- amples of cover charges and similar fees would include, but not be limited to, the charging of ad- mission to the area of alcoholic beverages sales or consumption, the charging of admission to floor shows or other entertainment area when such ad- mission fee is either mandatory to the purchase or consumption of alcoholic beverages or entities the admitte:e to reduced price on the purchase of alco- holic beverages or bar services; the sale of raffle tickets, coupons, licenses, memberships or other devices when the purchase thereof is mandatory to the purchase or consumption of alcoholic beverages or entitles the holder thereof to reduced price on the purchase of alcoholic beverages or bar services, and the sale of peanuts or other foodstuffs at dis- proportionate prices when the sale of one is depen- dent on the sale of the other, e. g. 11 "Receive a $1. 50 mixed drink for only 15 cents with the purchase of 15 cents of peanuts for $1. 50". ' ,1 . . LGB:bsb 23A. 2-3 Any separate room, within such a business, which is designed, intended or used primarily for the accommodation of consumers of alcoholic beverages, such as lounges or clubrooms, shall not be permitted any separate outside entrances or separate identifica- tion, including signs, directory listings or other forms of advertisement. 23A. 2-4 Live entertainment and stage areas for that purpose are permitted in such businesses; dancing by business patrons and the maintenance of dance floors for their use are prohibited. 23A. 2-5 Beginning with the operation of its Mixed Alcoholic Beverage Permit, each business shall file monthly audits with the Zoning Administrator. When- ever six (6) consecutive months have passed in which the audits do not on their face reveal a violation of Sec. 23A. 2-1 the audit period shall become on a quarter-year basis but shall return to a monthly basis upon receipt of the first audit that reveals on its face a violation of Sec. 23A. 2-1, and shall : <:• remain on a monthly basis until six (6) consecutive months have again passed in which the audits do not on their face reveal a violation of Sec. 23A. 2-1. Each audit shall be verified by the signature of the busi- ness owner, manager or accountant and duly notar- ized. Each audit shall be due on the seventh day of the month immediately following the reportingperiod, and shall list separately the gross revenues for all primary business activities and all secondary busi- ness activities. 23A. 2-6 Every business having this secondarybusi- ness activity shall have one-third more parking spaces than is otherwise required of its primary business activities. In the event of a fractional number, such fraction shall be rounded up to the next whole number. 11 SECTION 8. THAT Section 15. 3-38 of Zoning Ordinance No. 7084 of the City of Lubbock BE and is hereby repealed. SECTION 9. THAT Section 15.12-12 of Zoning Ordinance No. 7084 of the City of Lubbock BE and is hereby repealed. LGB:bsb SECTION 10. THAT Section 19.12 of Zoning Ordinance No. 7084 of the City of Lubbock BE and is hereby amended to read as follows: uSee. 19-12. SEPARATION. Every Sec. 2.12 use, private club or teenage club shall be located a minimum of two hun- dred (200) feet from any residentially zoned property. This distance shall be measured as being the shortest straight line between any residential property line and the wall of the building in which such use is housed. In the event a building contains more than one tenant or lease portion,the wall measured from shall be an exterior or interior wall to that portion of the building occupied by said use. No Sec. 2.12 use, private club or teenage club shall be located within six hWldred (600) feet of any other established Sec. 2. 12 use, private club or teenage club. This distance shall be measured as being the shortest straight line between an entrance for each of the said uses." SECTION ll. THAT Section 21.12 of Zoning Ordinance No. 7084 of the City of Lubbock BE and is hereby amended to read as follow's: 11Sec. 2'1-12. SEPARATION. Every Sec. 2.'12 use, private club or teenage club shall be located a minimum of two hun- dred (200) feet from any residentially zoned property. This distance shall be measured as being the shortest straight line between any residential property line and the wall of the building in which such use is housed. In the event a building contains more than one tenant or lease portion, the wall measured from shall be an exterior or interior wall to that portion of the building occupied by said use. No Sec. 2.12 use, private club or teenage club shall be located within six hundred (600} feet of any other established Sec. 2.12 use, private club or teenage club. This distance shall be measured as being the shortest straight line between an entrance for each of the said uses. 11 SECTION 12. THAT should any section, 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. , . I· ,. . ' ·, LGB:bsb SECTION 13. 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. l Passed by the City Council on first reading this 9th day of December ~1976. Passed by the City Council on second reading this_day of. ____ _.,,l976. ROY BASS, MAYOR ATTEST: Treva Phillips, City Secretary-Treasurer APPROVED AS TO FORM: Fred 0. Senter, Jr., City Attorney •,, ' . I•