Bar Ordinance

5 5

5b

Prepared by

Karen Howard Associate Planner 410 E

Washington St

Iowa

City

IA 52240

ORDINANCE NO

AN ORDINANCE AMENDING TITLE

ESTABLISHING DEFINITIONS AND A

14 ZONING

USE CLASSIFICATION PROCEDURE FOR DRINKING ESTABLISHMENTS AND ALCOHOL ORIENTED SALES

AND MINIMUM SPACING RETAIL USES ESTABLISHING REQUIREMENTS FOR DRINKING ESTABLISHMENTS THROUGHOUT THE CITY AND FOR

SALES ORIENTED RETAIL USES IN THE CENTRAL BUSINESS SERVICE CB ALCOHOL 10 ZONES 2 CENTRAL BUSINESS SUPPORT CB 5AND CENTRAL BUSINESS CB

WHEREAS

studies show that the increase in the concentration of alcohol related

overconsumption

correlated to the

an

drinking

uses

is

and

increase in violence and crime and

WHEREAS due establishments

prevalence

of underage

also show that an increase in the concentration of alcohol related uses

WHEREAS studies contributes to

of alcohol and

to the

such

concentration of these

as

negative

bars

types

externalities associated with

and

of uses

it

pubs throughout

is the

in

a

concentration of

interest to

the

public community and

prevent

drinking further

WHEREAS the Central Business District is intended to be the high density pedestrian oriented shopping office service and entertainment area in Iowa City and provide opportunities for

a

wide range of retail

WHEREAS

service

in addition to the increased the increased

Business District reduced the diversity of

WHEREAS

office and residential uses and

density

businesses

due to the

density

in this downtown

negative

consumption

it is in the

public

drinking

establishments in the Central

district

interest to

zones

prevent

as

liquor stores

has

and

externalities associated with

related retail establishments in the central business site

of

of alcohol related retail uses such

a

concentration of alcohol

that sell alcoholic

beverages for off types of

further concentration of these

uses

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA SECTION I The Code of Ordinances of the

City

of Iowa

City

Iowa is

hereby

amended

as

follows

A

1 Principal Uses Allowed in Single Family Residential Zones by Amending Table 2A the adding following note to Religious Private Group Assembly Uses Any establishment licensed the State to sell alcohol or alcoholic beverages is subject to the Use that is by Classification process

B

1 Principal Uses Allowed in Multi Amending Table 26 Family Residential Zones by Alcohol to the Oriented as a subgroup Sales Retail Use category and adding the adding following note to Religious Private Group Assembly Uses Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process

C

2G 4A as set forth in 14

as

set forth in 14 2G 4A

1 Principal Uses Allowed in Commercial Zones by Amending Table 2C Splitting the Eating and Drinking Establishments use category into two subgroups Eating Establishments and Drinking Establishments and 1 CC 2 CB 2 Indicating that Eating Establishments are a permitted use in the CH 10 CB in the 1 CN and and and uses Zone 5 CB Zones special exception provisional in the 1 CO and MU and Zones Special Exceptions

Ordinance No

Page

2

1 CC 2 CB 2 Indicating that Drinking Establishments are provisional uses in the CH uses in the 1 CN and and 10Zones CB and Zone 5 CB special exception provisional Oriented Retail to the Retail use category and Adding a new subgroup Alcohol Sales Oriented Retail uses are provisional uses in the CN 1 indicating that Alcohol Sales a and MU Zones and use in the 2 CC Zone 1 CI CH 1 CB 2 CB 5 CB 10 permitted and

Adding

the

note to Commercial Recreational Uses Eating and Drinking Quick Vehicle Servicing Uses Retail Uses and Religious Private

following

Establishments

Group Assembly Uses Any establishment that is licensed by the State to or alcoholic beverages is subject to the Use Classification process as set

sell alcohol forth in 14

2G 4A D

1 Principal Uses Allowed in Industrial and Research Zones by Amending Table 2D Oriented Sales as a Subgroup to the Retail Use Category and by adding adding Alcohol the following note to Commercial Recreational Uses Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as

E

2G 4A set forth in 14

Amending

Section 14 2 4A

Classifying Uses by adding

a new

subsection G

as

follows

G Use classification for establishments that sell alcohol 1

application has been filed for a liquor control or beer permit subject to the following use classification process The following definitions shall apply to terms used in this subsection

Applicability Any

license

or

wine

2 Definitions a Alcohol

use

for which

an

is

Sales the sale of alcohol and alcoholic beverages including but not site alcohol beer or wine in closed containers intended for off

limited to

and alcoholic beverages including cocktails shots wine beer site consumption as an alcoholic beverage intended for on defined in Chapter 123 of the State Code

consumption

part of

and any

Any person or entity that holds a liquor control license wine or beer permit issued by the State of Iowa License Any liquor control license wine or beer permit issued by the State of Iowa that allows sales of alcohol or alcoholic beverages

b Licensee

c

3 Classification Process a

Prior to issuance of that

was

has not

a

established

yet

License for

prior

renewal of

a

License for

the effective date of this ordinance according to these provisions the Licensee

Department

of

a use

but which

to

been classified

submit to the

a new use or

Housing

and

Inspection

Services

a

must

verified

principal use for which the License will be issued type s applied for and the hours that the license establishment will be open for business The City may request any other information deemed necessary to verify and classify the use including but statement that details the nature of the the

of

not limited to business records upon which the statement is based state and federal tax records applications for dram shop insurance and audits to determine dram

performed

shop

insurance

premiums

and

receipts

from

goods purchased provided by the applicant the type of License being the and classification for applied system set forth in this Article the City will advise the applicant regarding the classification of the proposed use for zoning purposes and if applicable whether the alcohol sales will be vendors for

b Based

on

the information

Ordinance No

Page

3

considered c

a

principal

this

If

through prior to the nonconforming

or accessory use ofthe

property

classification process a use that was legally established effective date of this ordinance is determined to be

use

separation requirements for Drinking Oriented Retail Uses the property file will Establishments or Alcohol Sales be tagged by the Building Official or designee as a nonconforming Drinking Oriented Retail Use as Establishment or nonconforming Alcohol Sales Such a nonconforming use may continue provided it is in applicable the with 4E Nonconforming compliance applicable provisions of 14 regard

with

to

the

Situations 4 Accessory Alcohol Sales Certification

Oriented Retail Use is considered a Alcohol Sales regulations pertaining thereto unless it is subject determined that alcohol sales are an accessory use to another principal use of the property through the following certification process Any Licensee applying for an

Any use principal

that is classified use

Accessory

to the

Alcohol Sales Certificate must submit verified statements and business

set forth in the

following subparagraphs For existing according to a verified statement issued by a certified public accountant alcohol sales expressed as a percentage of gross yearly income is less than 25 percent 25 an Accessory Alcohol Sales Certificate will be issued for one year after which time it must be renewed annually at

records a

as an

and

as

uses if

the time the License is renewed Said statement shall be based on records s business The Licensee shall made in the regular course of the Licensee the Building Official City Clerk or designee to examine business records the upon which the statement is based including state and federal tax records applications for dram shop insurance and audits performed to determine dram shop insurance premiums and receipts from

allow upon request

vendors for

goods purchased

b For new uses if the Licensee

plan

that alcohol sales

will be less than 25

estimates based

expressed percent 25

as a an

on their

submitted business

percentage of gross yearly income Accessory Alcohol Sales Certificate

The certificate must be renewed annually for year the License is renewed based on actual sales thereafter at the time according to a verified statement from a certified public accountant as will be issued

described in c

one

subparagraph 4a

above

certificate alcohol sales constitute 25 percent of 25 gross yearly income and the use is not in compliance with Oriented Uses a notice of violation zoning requirements for Alcohol Sales will be issued If the use is in violation of the zoning requirements for Alcohol If

at the time of renewal of the or more

Oriented Uses the Licensee must reduce alcohol sales to below 25 Sales of gross yearly income or otherwise bring the use into compliance with the F

applicable regulations 4E Eating and Drinking Establishments by deleting 4A By amending subsection 14 1 and 2 and substituting in lieu thereof the paragraphs 1 and 2 below and paragraphs adding the exception stated below to paragraph 4 as follows 1 Characteristics

Establishments where the

consumption

of food and or

principal activity is the preparation dispensing beverages Depending on the type of establishment

and food

Ordinance No

Page

4

and beverages may be consumed on or off of the premises These uses may vary or site impacts with regard to traffic generation congestion and the potential for off Therefore the size location and accessory uses permitted may be regulated

differently 2

based

on the

Examples Examples a

underlying zoning

include

Establishments

Eating

delicatessens tearooms cream

uses

subgroups listed below coffee cafes cafeterias

from the two

Restaurants dining rooms

supper

clubs

shops

fast food restaurants

ice

parlors

Any use that meets all of the defining characteristics subparagraphs 1 2 and 3 below is considered a Drinking sub Establishment for purposes of this Title unless listed as an exception in paragraph 4 below 1 The principal activity of the establishment is the preparation dispensing and consumption of food and or beverages and 2 The establishment is licensed by the State for the sale of alcoholic site consumption as defined by Iowa Code Chapter 123 beverages for on

b Drinking Establishments listed in

and

3 4

The establishment is open for business on 00 AM and 2 between the hours of 12 00 AM

a

regular

basis any time

Exceptions associated with aHospitality Oriented Retail Use Class B and that have been issued a liquor control license are considered accessory to the subject Hospitality Oriented Retail Use and are not considered

or bars that b Restaurants and

G

are

Oriented Retail Uses Eating or Drinking Establishments orAlcohol 4H Retail Uses by adding the following example to paragraph 2 by 4A Amending 14 deleting paragraph 3 in its entirety and substituting in lieu thereof the paragraph 3 below deleting paragraph 4e in its entirety and substituting in lieu thereof the paragraph 4e below and adding paragraphs 4f and 4g and renumbering the subsequent paragraphs accordingly as follows 2 Examples Examples include uses from the subgroups listed below f Alcohol Sales Oriented liquor stores wine shops grocery stores convenience and other retail establishments for which a Class E liquor control license or stores wine or beer permit has been issued that allows sale of alcohol or alcoholic premise consumption beverages in closed containers for off 3

Accessory

Uses

site Offices storage of goods assembly repackaging or processing of goods for on to sale of wholesale sales the street parking services incidental goods sale off

through Drive

facilities

outlined in Article

human

accessory

4C Accessory 14

pet remains 4 Exceptions e

are

or

may be

an

Restaurants and or bars that and that have

accessory

are

subject to additional regulations Buildings Crematoriums for either

are

use to a

associated with

a

Class

funeral home

B

Establishments Oriented orAlcohol Retail Uses

f

or

mortuary

Oriented aHospitality

liquor control subject Hospitality Oriented Retail Use

been issued

accessory to the

that

uses

Uses and

license and

are

are not

Retail Use considered considered

Drinking Oriented Uses even if Drinking Establishments are not considered Alcohol Sales have license or wine or beer a liquor control permit that allows sale of alcohol they

Ordinance No

Page

5

wine

or

beer in closed containers for

premise consumption off

Oriented Use if an Accessory Alcohol g A use is not considered an Alcohol Sales Sales Certificate has been granted according to the process set forth in 14 2G 4A Use classification for establishments that sell alcohol H

Deleting subparagraph 14 band substituting 4 4F 4A b A convenience store located

I

J

on

the

same

lot

as a

in lieu thereof the

Quick Vehicle

following Servicing use is

Oriented Oriented Retail or Alcohol Sales regulated as a separate principal use Sales Retail whichever is applicable Amending paragraph 14 9to add the following subsections 46 1 Zones d Drinking Establishments are not allowed in the MU and CO e In the 1 Zone a Drinking Establishment as defined in this Title must be CN separated by a minimum distance of 500 feet from any other Drinking Establishment Distance shall be measured along a straight line from the nearest property line or nearest point of the leased building space of the proposed use to the nearest property line or nearest point of the leased building space of any other Drinking Establishment For example in the case of a Drinking Establishment that is located on a lot with multiple leased spaces such as a shopping mall the distance is measured from the nearest point of the leased building space occupied by a Drinking Establishment to the nearest property line or leased building space of any other Drinking Establishment 46by adding a new paragraph 10 as follows and Amending paragraph 14 the renumbering remaining paragraphs accordingly 10Zones 10 Drinking Establishments in the CH 1 CC 2 CB 2CB 5 CB A Drinking Establishment as defined in this Title must be separated by a minimum distance of 500 feet from any other Drinking Establishment Distance shall be measured along a straight line from the nearest property line or nearest point of the leased building space of the proposed use to the nearest property line or nearest point of the leased building space of any other Drinking Establishment For example in the case of a Drinking Establishment that is located on a lot with multiple leased building spaces such as a shopping mall the distance is measured from the nearest point of the leased building space occupied by a Drinking Establishment to the nearest property line or leased building space of any other Drinking Establishment

K

Deleting

the titles for

paragraphs 14 13 46 4B

and

4B 14

and

substituting

in

lieu thereof 13

Oriented Sales

Personal Service Oriented Retail Oriented and Alcohol Sales

1Zone Uses in the CN 14

Oriented Retail Oriented Personal Service Sales Oriented and Alcohol Sales

Uses in the MU Zone L

Deleting paragraph 14 15 and substituting in lieu thereof 46 15 Sales Oriented Retail in the CH 1 Zone Oriented and Alcohol Sales Oriented and Alcohol Oriented Sales Sales Retail Uses stores associated with Quick Vehicle Servicing Uses

M

are

limited to convenience

Deleting paragraph 14 17 and substituting in lieu thereof 4B 17 Hospitality 1Zones 44 PRM MU CO Oriented Retail in the RM 1 and CN a Hospitality 9A of Oriented Retail is limited to guesthouses as defined in Article 14 this Title General Definitions b

Any

accessory

dining

or bar service is limited to and

guests only

and may not be

Ordinance No

Page 6

open to the

N

general public 4B by adding two Amending 14 remaining paragraph accordingly

new

paragraphs

as

follows and renumbering

the

Oriented Retail in the CI 1 Zone 21 Alcohol Sales Oriented Retail is limited to convenience stores associated with Quick Alcohol Sales Vehicle Servicing Uses 22 Alcohol Sales Oriented Retail Uses in the

10 Zones 2 CB CB 5 and CB

Sales Retail Use must be separated by a minimum distance of An Alcohol Oriented Oriented Retail Use Distance shall be 1000 feet from any other Alcohol Sales measured along a straight line from the nearest property line or nearest point of the leased building space of the proposed use to the nearest property line or nearest Oriented Retail Use of the leased building space of any other Alcohol Sales

point Oriented Retail Use that is located on For example in the case of an Alcohol Sales a lot with multiple leased spaces such as a shopping mall the distance is measured from the nearest point of the leased building space occupied by an Alcohol Sales Oriented Retail Use to the nearest property line or leased building space of any other Alcohol Sales Oriented Retail Use

O

In Section 14 5adding 4E

G

a new

Nonconforming Drinking

subsection G

as

follows

Establishments and Alcohol Sales Oriented Retail

Uses In addition to the other

nonconforming Drinking

in this Section the following provisions apply to Oriented Establishments and nonconforming Alcohol Sales

provisions

Retail Uses

Any Drinking Establishment as defined in this Title that was legally established prior to effective date of this ordinance and that is nonconforming with regard to the separation requirement between said uses as specified in this Title may continue unless one or both of the following situations occur If one or both of these conditions occur then nonconforming rights cease and the use must convert to a conforming use a The liquor license lapses is revoked or is discontinued for a period of one 1

year

or

b There are changes to the of Drinking Establishment

use such that the use no

longer

meets the definition

Alcohol Sales Oriented Retail Use as defined in this Title that was legally established prior to the effective date of this ordinance that is nonconforming with regard to the separation requirement between said uses as specified in this Title both of may continue unless one or both of the following situations occur If one or 2

Any

these conditions occur then to a

conforming a

The

year

nonconforming rights

cease and the use must convert

use

liquor

license

lapses

is revoked

or

is discontinued for a

period

of

one

or

b There

are

changes

to the use such that the use

no

longer

meets the definition

of Alcohol Sales Oriented Retail Use

For purposes of this subsection expansion of a nonconforming use 3

P

In Article

sidewalk cafes shall not be considered

9A General Definitions adding the following definitions 14

an

Ordinance No

Page

7

Alcohol Oriented Sales Retail Use See Retail Uses Land Use Classification

Drinking Establishment See Eating Article 14 4A Land Use Classification Q

and

as

defined in Article 14 4A

Drinking Establishments

as

defined

in

gA General Definitions delete the definitions for Eating and Drinking 14 Establishment and Restaurant and substitute respectively in lieu thereof Establishments as defined in Article Establishment See Eating and In Article

Drinking

Eating

4A Land Use Classification 14 An

Restaurant

Eating

Establishment

as

defined

in

Article

4A 14

Land

Use

Classification SECTION II REPEALER All ordinances and of this Ordinance are

parts

of ordinances in conflict with the

provisions

hereby repealed

provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional such adjudication shall not affect the validity of the Ordinance as a whole or any section provision or part thereof not adjudged invalid or SECTION III SEVERABILITY

If any section

unconstitutional SECTION IV EFFECTIVE DATE This Ordinance shall be in effect after its final passage

approval

and

publication approved

Passed and

MAYOR

this

day

of

20

Approved by

ATTEST CITY CLERK

City s Attorney Office

L

j 7

Ordinance No

Page

It

was

as

moved

read be

and seconded

by

adopted

and upon roll call

there

by

that the Ordinance

were

AYES NAYS ABSENT

Bailey Champion Correia

Hayek Donnell O Wilburn

Wright First Consideration

2009 5

Vote for passage

Hayek

Second Consideration Vote

Date

for passage

published

AYES

ABSENT

Champion

None

Correia Wilburn

Wright Bailey

NAYS

Donnel O