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Home My WebLink AboutSS2 - Restaurant Use Permits - Operator & Land Use PermitsCOt;aJC;� N'0. J �?7- 0 Eating and Drinking Establishments: Land Use Regulations & Operating Permit Requirements Problems Associated with Bars & Night Clubs • Overcrowding, assaults, public drunkenness, public urination, loitering, noise, especially after 11 p.m. • Excess alcohol consumption • Permissive environment of establishment • Includes restaurants that become bars and night clubs. When does a Restaurant become a Bar or Night Club? When the ambient character changes: Late hours Larger crowds Limited food service Less dining, more drinking Amplified music Amplified Music • Amplified music (not live) is currently not subject to permitting • Amplified music becomes the entertainment /attraction • Amplified music transforms restaurant into a night club. Land Use Tool • Alcoholic Beverage Outlet (ABO) Ordinance Restaurants, bars, and nightclubs serving alcohol are A130s. • Use Permit required for ABOs that are: New Substantially changed Determined to be a public nuisances Conditions of use permit regulate design and operation • Conditions offer effective basis for enforcement Land Use Regulations vs. Operating Permit • Use permit confers vested land use right which can be revoked upon making certain findings • Operating permits issued to an individual operator and could be reviewed and /or terminated on a periodic basis Live Entertainment Permit as an Operating Permit • Live Entertainment Permits are required as use permit condition for live entertainment (including DJs) in a restaurant, night club & ba rs • Permit is issued to an individual (not a land use entitlement) • Currently does not apply to sound systems that play music through speakers Proposed Revisions • Change "Live Entertainment" to "Entertainment" Permit • Include establishments that play amplified music after 11:00 p.m. • Subject to review and approval of the Police Department • Entertainment Permits will become required condition of approval of new or amended use permits Revised Entertainment Permit Benefits • Effective enforcement tool and leverage for dealing with problem operators • Promote compliance by operators in recognition of the monetary consequences if Entertainment Permit is terminated • Termination of an Entertainment Permit would not affect the vested land use right Considerations • Will apply to new establishments • Existing establishments not affected, unless: Amending use permit Become a nuisance and called up for review More Aggressive Options • Create a new Operating Permit regulating not only entertainment that is required for any establishment that serves alcohol. • Pursue full revocation of use permits for problem establishments with continual violations of use permit conditions Study Session Item No. SS2 April 27, 2010 Eating and Drinking Establishments: Land Use Rights &Operator Permit Requirements Problems Associated with Bars & Night Clubs • Overcrowding, assaults, public drunkenness, public urination, loitering, noise (especially after 11 p.m.), DUIs, etc. — Contributing factors: • Overconsumption of alcohol • Atmosphere of establishment • Not just bars and night clubs, but restaurants that become bars and night clubs. When does a Restaurant become a Bar or Night Club? When the atmosphere changes... • Late hours • Larger crowds • Limited food service • Less dining, more drinking • Amplified music Amplified Music • The ability to provide amplified music (not live) is currently a privilege available to all establishments and is not subject to permitting • Problem operators misuse amplified music to transform the atmosphere of a restaurant into a bar /night club — Instead of background music, now a form of entertainment /attraction Land Use Tool • Alcoholic Beverage Outlet (ABO) Ordinance Establishments that serve alcohol, including restaurants, bars, nightclubs, are defined as ABOs. • Use Permit required for ABOs: • New Establishments • Substantial changes to existing establishments • Establishments without use permits that are determined to be a public nuisance • Use permit allows for conditions related to design and operation • Conditions are effective when abided by, but bad operators don't always abide Land Use Rights vs. Operator's Permit • A use permit provides a vested land use right which can be revoked upon making certain findings. • An operator's permit is specific to the operator (not a vested land use) and could be reviewed and /or terminated on a periodic basis. Existing Operator's Permit • Live Entertainment Permits are required to provide live entertainment (including DJs) in a restaurant, cafe, night club, bar, coffee house, etc • Can be terminated o Limited to "live" entertainment and does not include juke boxes or sound systems that play music through speakers Proposed Revisions • "Entertainment" vs. "Live Entertainment" • Include establishments that use sound systems that play amplified music with hours beyond 11:00 p.m. • Subject to review and approval of the Police Department • Obtaining permit will become a standard condition of approval of new or amended use permits Revised Entertainment Permit Benefits • Provide an effective enforcement tool and leverage for dealing with problem operators • Promote compliance by operators in recognition of the monetary consequences if Entertainment Permit is terminated • Termination of an Entertainment Permit would not affect the vested land use right Considerations • The revised Entertainment Permit will be a condition applied prospectively to new establishments and establishments applying for amended use permits. • To apply to establishments with older or no use permits, the City will need to be more aggressive in using the existing ABO provisions and calling up establishments for review. More Aggressive Options • Create a new Operator's Permit that is required for any establishment that serves alcohol. • Pursue full revocation of use permits for problem establishments with continual violations of use permit conditions and permitting requirements