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HomeMy WebLinkAbout94-55 - Amending Section 20.72.010 of Chapter 20.72 and Adding Sections 20.87.033 and 20.87.325 to Chapter 20.87 of Title 20 of the Newport Beach Municipal Code, Establishing Definitions for a Bar and a Theater/Nightclub (Planning Commission Amendment No.is • ORDINANCE NO. 94 -55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.72.010 OF CHAPTER 20.72 AND ADDING SECTIONS 20.87.033 AND 20.87.325 TO CHAPTER 20.87 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, ESTABLISHING DEFINITIONS FOR A BAR AND A THEATER/NIGHTCLUB (Planning Commission Amendment No. 812) Section 1: The City Council of the City of Newport Beach hereby ordains: Section 20.72.010 of Chapter 20.72 of the Newport Beach Municipal Code is amended to read as follows: Section 20.72.010 DEFINITIONS. A. Restaurant. The term "restaurant" shall mean a place of business with the principle purpose to sell or serve food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining to the extent of not more than twenty -five percent (25 %) of the net public area may be permitted out -of -doors on a patio, deck or terrace that is integrated into the building design and where the area devoted to live entertainment and /or dancing does not exceed twenty percent (20 %) of the "net public area." For purposes of Section 20.72.020 through 20.72.050, inclusive, and for purposes of Section 20.72.070 through 20.72.150, inclusive, the term "restaurant" shall include "drive -in ", "take -out" and 'outdoor" restaurants. The term "restaurant" does not include the following: 1. A specialty food service; 2. A specialty grocery store or supermarket which devotes twenty -five percent (25 %) or less of its gross floor area to the sale or preparation of food products or beverages for consumption on -site or in the immediate area. 3. A bar or a theater /nightclub as defined herein. B. Outdoor Restaurant. The term "outdoor restaurant" shall mean a place of business which sells or serves food products or beverages for consumption on the premises where such place of business is located, and which provides for, or permits 1 consumption of, such food products or beverages out -of -doors other than on an incidental basis. C. Drive -In and Take -Out Restaurant. The terms "drive -in," and "take -out" restaurants shall mean a place of business which sells food products or beverages and which: • 1. Delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter or similar method or device; or 2. Delivers such food products or beverages to customers within a building which is designated in such a manner that a majority of the customers will remove such food products or beverages from the building for consumption. D. Specialty Food Service. The term "specialty food service" shall mean a place of business that sells a limited variety of food products and /or beverages likely to be quickly consumed, with a gross floor area of 2,000 square feet or less, (including outdoor seating areas), seating and /or stand -up counter space for no more than twenty (20) customers, and which strictly conforms with all of the following: is 1. No alcoholic beverages are served or consumed on the premises; 2. No live entertainment or dancing is provided. Any use which does not strictly conform to the provisions of the Section shall be considered a restaurant and otherwise subject to the provisions of this Chapter. E. Bar. The term "bar" shall mean a place of business with the principle purpose to sell or serve alcoholic beverages for consumption on the premises and may include live entertainment and /or dancing as accessory uses to the primary sale and service of alcoholic beverages, provided further that such live entertainment and /or dancing shall occupy less than twenty percent (20 %) of the 'het public area". F. Theater /Nightclub. The term "theater /nightclub" shall mean a place of business with the principle purpose to conduct live entertainment and /or dancing and may include the sale and service of food and /or beverages as an accessory use to the primary use of live entertainment and /or dancing. G. Change in Operational Characteristics. The term "change in operational characteristics" shall include, without limitation, any of the following: 04 1. Any substantial increase in the hours a restaurant, outdoor restaurant, or drive -in and takeout restaurant is open for business (hours of operation) or an extension of the hours of operation past 12:30 a.m. if the restaurant is within 200 feet of residential zone. An increase in hours of operation is deemed substantial if, given the proximity of the • restaurant, outdoor restaurant, drive -in or takeout restaurant, or related parking facilities to a residential zone, the increase has the potential to cause, or make worse, noise or traffic congestion in the neighborhood; 2. The introduction of live entertainment or dancing, or a significant change in the character of the live entertainment; 3. The introduction of the sale of alcoholic beverages; 4. Any significant increase in the size of the area principally devoted to the sale of alcoholic beverages; 5. A loss of on -site or off -site parking spaces for a period of ninety (90) days or more, which would reduce available parking below the number then required by the provisions of this title or the Use Permit applicable to the restaurant; • 6. The introduction of valet, tandem, or compact parking spaces; 7. Any increase in the net public area of a restaurant or any increase in • the gross floor area of a drive -in, take -out or outdoor restaurant; and 8. The addition of three or more pool tables. Section 2: Section 20.87.033 of Chapter 20.87 is added as follows: Section 20.87.033 BAR. The term "bar" shall mean a place of business with the principle purpose to sell or serve alcoholic beverages for consumption on the premises and may include live entertainment and /or dancing as accessory uses to the primary sale and service of alcoholic beverages, provided further that such live entertainment and /or dancing shall occupy less than twenty percent (20 %) of the "net public area ". Section 3: Section 20.87.325 of Chapter 20.87 is added as follows: Section 20.87.325 THEATER /NIGHTCLUB. The term "theater /nightclub" shall mean a place of business with the principle purpose to conduct live entertainment and /or 3 dancing and may include the sale and service of food and /or beverages as an accessory use to the primary use of live entertainment and /or dancing. Section 4: Should any section, subsection, clause, or provision of this Ordinance for any • reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 14th day of November. 1994, and adopted on the 28th day of November. 1994, by the following vote, to wit: • AYES, COUNCILMEMBERS EDWARDS , WATT . DEBAY, HEDGES, COX, GLOVER, O'NEIL NOES, COUNCILMEMBERS NONE ATTEST: • CLERK / ABSENT COUNCILMEMBERS NONE MAYOR 11