Restaurants, Bars and Nightclubs

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Restaurants, Bars and Nightclubs CITIZENS ADVISORY GROUP MEETING September 22, 2011

TONIGHT S AGENDA Welcome and Introductions Recap from August 25, 2011 Meeting Categorized Issues Staff Presentation Break Group Discussions Comments Wrap-up/Next Steps

INTRODUCTIONS Name Organization or interest you represent

HIGHLIGHTS OF AUGUST 25, 2011 MEETING Project Background Meeting Purpose Citizen Advisory Group and Staff Roles Overview of Current Regulations Issues Identified by Groups

RESTAURANTS AND NIGHTCLUBS DIFFERENT GROUPS LISTED ISSUES PINK GROUP BLUE GROUP YELLOW GROUP (Refer to handout) Group Issues

RESTAURANTS AND NIGHTCLUBS SIMILARITIES & DIFFERENCES SIMILARITIES May serve beverages including alcohol May serve meal May provide music Social gathering location May provide various forms of entertainment DIFFERENCES Restaurants allow all ages Nightclubs usually have a cover charge Later hours of operation are associated with nightclubs Restaurants have higher food sales

SECONDARY IMPACTS Restaurants Positive Impacts Can walk to establishments Generates commerce Nightclubs/Bars Positive Impacts Generates commerce Provides entertainment Negative Impacts ise Traffic Negative Impacts ise/loud Talking Nuisance/Trash Traffic/Light Pollution Crime

WHAT ARE THE KEY ISSUES WITH RESTAURANTS & NIGHTCLUBS RESTAURANTS NIGHTCLUBS Definition not clear Definition too broad Should allow some form of entertainment Separation Requirements Secondary Impacts

Survey of Other Jurisdictions

Nashville/Davidson County, Tennessee Definitions Nightclub/bar t defined After-hours establishment Open any time between 3 am to 6 am. Entertainment: live or recorded music Restaurant Food sold Menu Employee serves customers Customer turn-over 30+ minutes Separation Distance? 500 from residential property line if after-hours establishment Prescribed Conditions? 2,500 sq. ft. or less 5,000 sq. ft or less

Memphis/Shelby County, Tennessee Definitions Separation Distance? Prescribed Conditions? Nightclub, bar t defined 500 from property line to single family districts Restaurant with alcohol/ brew pub t defined Restaurant Food alcohol 300 from single family dwelling if restaurant with alcohol/brew pub (measured along public street) 150 from property line of single family district

Austin, Texas Definitions Cocktail lounge, bar, tavern Alcohol sales Restaurant General Food Beverages Alcohol Separation Distance? Parking area 200 from property used/zoned residential unless a shopping center or a variance is granted. Prescribed Conditions? Live entertainment: 70 decibels at property line Permits that may be needed (late-hour, music, etc.) Same as above, plus Minimum 51% income from food Adequate kitchen facilities Variety of entrees on menu

Phoenix, Arizona Definitions Separation Distance? Prescribed Conditions? Bar Alcohol sales Food optional Usually counter and stools Cocktail lounge Alcohol sales primary Lounge area Food optional Restaurant Meals served Can not adjoin a single family district unless across arterial or freeway 300 to residential if music/entertainment provided 300 to residential district if 5,000 square feet or larger 100 to residential district 300 to residential if music, dancing or entertainment provided Entrance can not face residential zoning districts. Music/entertainment limited to recorded music or one entertainer or use permit required Permits required to address noise, screening of headlights, parking access, access to adjoining neighborhoods, etc. for: Live music or live entertainment Dancing Outdoor activities, same as above

Indianapolis, Indiana Definitions Separation Distance? Prescribed Conditions? Nightclub Entertainment Music for dancing Live or recorded performance Alcohol optional If under 21, not a nightclub Tavern Alcohol sales Age restricted 100 to the following districts: Residential Hospital Parks University Church School 500 to amusement/ recreational establishment catering to clientele under 21 years of age Restaurant Food and drink served May have lounge area for alcohol w/out food service if accessory 100 to the following districts: Residential Hospital Parks University Church School

Seattle, Washington Definitions Drinking establishment Alcohol sales Age restricted Food limited, optional, accessory Restaurant Food and/or drinks served Alcohol sales is accessory Separation Distance? Prescribed Conditions? Structure size/design, signs, illumination -compatible with area Parking design, location, access compatible with residential zones Doors/windows placed to decrease noise ise standards Must not create traffic congestion or spillover parking on residential streets

Definitions Nightclubs 1 floor, under 1 roof Entertainment, music Meals, refreshments 40+ seats at tables 2,200+ square feet 308+ sq. ft. dance floor Cabaret Other than a nightclub Located in hotel/motel with more than 50 rooms Alcohol served Music, entertainment for guests of hotel/motel only Dance hall AC alcohol Restaurant Food served Miami, Florida Separation Distance? 500 to single family or estate district 500 to single family or estate district Prescribed Conditions?

San Francisco, California Definitions Bar Alcohol sales Nighttime Entertainment Alcohol served Evening oriented entertainment Excludes theater performances w/out alcohol, and arts activities/space Dance hall AC alcohol Restaurant Food served Beer/wine optional If alcohol sales, then considered a Bar. Separation Distance? doors/windows within 50 of residential district., same as above Prescribed Conditions? Buildings soundproofed Permits required: Dance hall Entertainment, same as above

New York City, New York Definitions Eating or drinking establishment with entertainment Categories by: Less than 200 people More than 200 people Dancing, any capacity Music, no cover charge, no show time Music, no dancing, less than 200 people Music, no dancing, more than 200 people Separation Distance? Prescribed Conditions?

Greenville, South Carolina Definitions Bars, lounges, brew pub Alcohol served Food available as accessory Tavern Predominantly adult clientele Alcohol served primary Food optional Nightclub Predominantly adult clientele Alcohol served primary Food optional Dancing or live performances Restaurant Food and non-alcoholic drinks Full-service kitchen Seating optional Restaurant serving alcohol Food and alcohol served Full-service kitchen Bar area optional Separation Distance? Prescribed Conditions?, special permit if open between midnight and 5:00 am Traffic directed away from residential districts after midnight Sound amplification prohibited after midnight Exterior doors remain closed except for ingress/egress after midnight. Same as above Same as above

New York City, New York Cities with Separation Distances, Conditions Chicago, Illinois Philadelphia, Pennsylvania Washington, D.C. Boston, Massachusetts Fort Worth, Texas

City Survey Results Nightclubs & Bars Separation Distances range from 50 to 500 Size limitations up to 2,500 sq. ft. Cannot adjoin a single family district unless on arterial/freeway Additional permits for dancing, entertainment, late-hours

City Survey Results Nightclubs & Bars Soundproofing of buildings Entrances do not face residential parcels Doors/windows placed to decrease noise Exterior doors remain closed after midnight except in/out

City Survey Results Nightclubs & Bars 70 decibels at property line Sound amplification prohibited after midnight Structure, signs, lighting, parking design, parking access and parking location compatible with area Shall not create traffic congestion or spillover parking in residential neighborhoods Traffic directed away from residential districts after midnight

City Survey Results Restaurants with 1) Alcohol, 2) Late hours or 3) Music If open past 3:00 am, separation distances 300 Limitations on square footage 2,500 Additional permits may be required 70 decibels 51% or more sales from food Adequate kitchen facilities Variety of entrees on menu Entrances do not face residential parcels

RESTAURANT CONSIDERATION Definition Consider approach that has multi-definitions of restaurant use based on hours of operation Include category of restaurants that provides for social entertainment Entertainment Allow various forms of entertainment to be associated with restaurant use based on hours of operation

NIGHTCLUB/BAR CONSIDERATION Definition Rewrite definition to clarify use Separation Requirement Consider separation under prescribed conditions Secondary Impacts Address ise, Traffic, Crime and Lighting Impacts

GROUP EXERCISES

CONSIDERATIONS RESTAURANT 1. Definition 2. Category 3. Size 4. Separation 5. Entertainment (what kind) NIGHTCLUB 1. Definition 2. Category 3. Size 4. Separation 5. Entertainment (what kind)

NEXT STEPS Wrap-up and Next Steps October 20, 2011 Review text amendment draft

MORE INFORMATION Please visit our website at charlotteplanning.org Agendas Updates PowerPoint Presentations