The sale or service of alcoholic beverages has the potential to generate activity which may impact other uses in an adverse manner. Such impacts may be mitigated in different ways including but not limited to buffering or the provision of adequate separation distances. This section provides requirements for such mitigation.

(Code 1992, § 16.40.010.1; Ord. No. 876-G, § 18, 2-21-2008; Ord. No. 892-G, § 1, 9-4-2008)

Restaurants and bars, bottle clubs and retail uses which sell or serve alcoholic beverages shall meet the requirements of this section in addition to the requirements that may apply in the zoning districts in which they are allowed, except that this section shall not apply to such uses in the downtown center and CCT-2 zoning districts. These requirements do not apply to manufacturers, distributors, or importers of alcoholic beverages as governed by any state icensing and permitting requirements. For the purposes of this section, "restaurant" means an eating and drinking establishment serving alcoholic beverages that is governed by either:

(1)

A state series SRX alcoholic beverage license; or

(2)

By another state consumption on-premises license, and which is required to maintain a greater than 50 percent ratio of food and non-alcoholic beverage sales relative to total food and beverage sales as measured on an annual basis (including the 2 COP license identified herein as a 2 COP REST license).

(Code 1992, § 16.40.010.2; Ord. No. 876-G, § 18, 2-21-2008; Ord. No. 892-G, § 1, 9-4-2008)

A.

The following table lists use separation, buffer wall, and other mitigation requirements for various types of alcoholic beverage uses:

Regulations for Alcoholic Beverage License

B.

Except as provided in this subsection, certain alcoholic beverage uses (those having a 1 COP, 2 COP or 4 COP license, or an APS license) shall not be located within 400 feet of a previously legally established protected land use. Protected land uses shall not locate within 400 feet of alcoholic beverage uses (those having a 1 COP, 2 COP or 4 COP license, or an APS license) which have been previously legally established. For the purposes of this section, the term "protected land use" means a school (public, pre-K through 12, governmental), house of worship or child care facility that is legally established prior to the establishment of the applicable alcoholic beverage use. The term "protected land use" does not include a post secondary school.

This distance shall be measured in a straight line from the nearest portion of the licensed premises of the alcoholic beverage use to the nearest property line of the protected land use. For the purposes of such measurement, the nearest exterior wall of the licensed premises, or the nearest wall of the unit containing the alcoholic beverage use in a multi-tenant structure, or the nearest point on an outside area which is part of the licensed premises, if any, shall be used. This minimum distance requirement shall not apply when the alcoholic beverage use and the protected land use are located in the same multi-tenant center.

C.

Required buffer walls shall be erected between the alcoholic beverage use and any adjoining residential district or protected land use in such a manner as to screen the adjoining property or properties from the alcoholic beverage use, but shall not prohibit access from an alley. A buffer wall shall consist of an opaque fence or an opaque finished or painted masonry wall. A buffer wall shall not be less than five feet in height.

D.

The primary entrance for customers into any establishment serving alcoholic beverages for consumption on-premises shall be visible from a public street.

E.

Nothing contained in this section shall be construed to allow any establishment, including any establishments holding a license prior to adoption of this chapter to change the type of license to include the sale of liquor or to change from a restaurant license to a non-restaurant license without meeting all ordinance requirements in effect at the time of the application for the change of license. However, changing the license to remove liquor sales or service shall be allowed at any time.

(Code 1992, § 16.40.010.3; Ord. No. 876-G, § 18, 2-21-2008; Ord. No. 892-G, § 1, 9-4-2008)

A.

Uses which are within the 400-foot distance requirement may request a special exception to locate with the district requirement.

B.

Procedures. For procedures, see applications and procedures section.

C.

Standards for review. A decision on a request for a special exception shall be guided by the standards for special exceptions including following factors:

1.

Whether approval of the variance will result in two or more alcoholic beverage establishments having a 2 COP or 4 COP license within 400 feet of a protected land use or within 400 feet of property zoned for residential uses;

2.

Whether the license is being added to or is a license upgrade of an existing use or to an establishment which is relocating to the subject location;

3.

Whether the proposed use is a restaurant; and,

4.

If the property contains a structure which is on the National Register of Historic Places or otherwise has been designated by the City as having historic architectural significance, whether the structure will be preserved or redeveloped so as to retain its architectural and historic character.

(Code 1992, § 16.40.010.4; Ord. No. 876-G, § 18, 2-21-2008; Ord. No. 892-G, § 1, 9-4-2008)