§ 6-66. Distance separation requirements; restrictions.

(a)

The distance separation requirements of alcoholic beverage establishments from churches, schools, city parks and recreational areas, residential uses and similar uses shall be as follows:

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			Distances (in linear feet)
License Type (NAICS)	Type of Establishment	Zoning	School, Church	Other Similar Use	Residential, Parks	State License Required
722110A	Restaurant	C-1, C-2, C-3 CR, CBD	No distance requirement			1-COP, 2-COP, 4-COP-SRX
722410	Bars	C-3	500	500	500	2 COP, 4 COP
722410A	Nightclubs	C-3	1,000	1,000	500	4 COP
722320B	Banquet halls providing beer, wine or alcoholic beverages as part of event	C-2, C-3, CBD	No distance requirement			2 COP, 4 COP- SRX if required 4 COP
445310	Liquor stores selling alcoholic beverages (excluding stores selling beer and/or wine only)		None	1,000	None	3PS
512131	Movie theater entertainment complex	C-2, CBD	None	None	None	2-COP

 

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(b)

Restaurants holding a 722110A series business tax receipt, shall not sell, offer for sale, deliver or serve alcoholic beverages, wine, and beer for consumption or use on the premises, except as follows:

(1)

For the sale and/or non-premises consumption of wine and/or beer, the holder of a 722110A business tax receipt to operate the restaurant (referred to as the "licensee") must obtain a state 1-COP or 2-COP license and comply with the following:

a.

The sale of beer and/or wine must be incidental to the sale and consumption of food. The restaurant must derive at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages. The required percentage must be maintained on a daily basis. The restaurant operator shall not deflate the price of beer and wine or inflate the price of the served meal from what would be the regular price for the beer, wine, or meal served by a similar establishment in the city as a means or method of meeting the minimum required percentage of gross revenue required by this subpart.

b.

Records of all purchases and gross sales of food and non-alcoholic beverages must be maintained separately from records of all purchases and gross sales of beer and wine.

c.

The records must be clear and legible and must be kept on the premises. The restaurant operator must immediately comply with any requests by the city to audit or inspect the records for purposes of verifying compliance with the required gross revenue percentage.

d.

No beer or wine shall be sold between the hours of 1:00 a.m. and 8:00 a.m. on any day of the week. Under no circumstance shall beer or wine be sold after the hours of serving food have elapsed.

e.

The restaurant must serve full-course meals prepared, served and sold daily for immediate consumption on the premises at any time when open for business, from a kitchen or facility inspected and approved by the division of hotels and restaurants of the state department of business and professional regulation or the state department of agriculture and consumer services. Full kitchen facilities shall mean facilities containing commercial grade burners, ovens, range hoods and refrigeration units of such size and capacity to accommodate the seating of the restaurant. Meals prepared off the premises, snacks, prepackaged foods or sandwiches will not be considered full-course meals for purposes of this subsection.

f.

The restaurant must be equipped to serve 30 people full-course meals at tables, having 30 chairs, excluding barstools or counter stools.

g.

The restaurant must have written menus readily available to patrons. A majority of the food listed in the menu shall be available for consumption while the business is open.

h.

The restaurant must have more than 850 square feet of service area, which shall not include any space at counters, bars or lounges, or a combination of a full-service operating kitchen area larger than 500 square feet with a service area of no less than 700 square feet.

i.

The restaurant operator shall not circumvent the intent of this subsection by an artifice or scheme.

j.

There shall be compliance with this Code, including but not limited to requirements of article V of chapter 18 and article II of chapter 86.

k.

The restaurant operator shall not employ B-girls, waitresses, or hostesses as companions to male customers or otherwise to entice, encourage or lure male customers to purchase multiple drinks by sitting at the table or other seating area with male customers with conversation, touching, sexual innuendo or the promise of sexual favors or attention.

(2)

For sale and/or on-premises consumption of alcoholic beverages, the 722110A series licensee must obtain a state 4-COP-SRX, also known as an SFS license, and must comply with the following.

a.

The sale of beer, wine, and alcoholic beverages must be incidental to the sale and consumption of food. The restaurant must derive at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages. The required percentage must be maintained on a daily basis. The restaurant operator shall not deflate the price of beer, wine or alcoholic beverage or inflate the price of the served meal from what would be the regular price for the beer, wine, alcoholic beverage or meal served by a similar establishment in the city as a means or method of meeting the minimum required percentage of gross revenue required by this subpart.

b.

Records of all purchases and gross sales of food and non-alcoholic beverages must be maintained separately from records of all purchases and gross sales of beer, wine, and alcoholic beverages.

c.

The records must be clear and legible and must be kept on the premises. The restaurant operator must immediately comply with any requests by the city to audit or inspect the records for purposes of verifying compliance with the required gross revenue percentage.

d.

No beer, wine, or alcoholic beverages shall be sold between the hours of 1:00 a.m. and 8:00 a.m. on any day of the week. Under no circumstance shall beer, wine, or alcoholic beverages be sold after the hours of serving food have elapsed.

e.

The restaurant must serve full-course meals prepared, served and sold daily for immediate consumption on the premises at any time when open for business, from a kitchen or facility inspected and approved by the division of hotels and restaurants of the state department of business and professional regulation or the state department of agriculture and consumer services. Full kitchen facilities shall mean facilities containing commercial grade burners, ovens, range hoods and refrigeration units of such size and capacity to accommodate the seating of the restaurant. Meals prepared off the premises, snacks, prepackaged foods or sandwiches will not be considered full-course meals for purposes of this subsection.

f.

The restaurant must have written menus readily available to patrons. A majority of the food listed in the menu shall be available for consumption while the business is open.

g.

The restaurant shall have a service area of at least 2,500 square feet and shall be equipped to serve 150 people sit-down full-course meals at tables, having at least 150 chairs or seats, excluding barstools or counter stools, at one time. The restaurant shall comply with all state requirements.

h.

The restaurant operator shall not circumvent the intent of this subsection by an artifice or scheme.

i.

There shall be compliance with this Code, including but not limited to requirements of article V of chapter 18 and article II of chapter 86.

j.

The restaurant operator shall not employ B-girls, waitresses, or hostesses as companions to male customers or otherwise to entice, encourage or lure male customers to purchase multiple drinks by sitting at the table or other seating area with male customers with conversation, touching, sexual innuendo or the promise of sexual favors or attention.

(c)

Movie theatre entertainment complexes shall not sell, offer for sale, deliver or serve wine and beer for consumption or use on the premises, except as follows:

(1)

For the sale and/or on-premises consumption of wine and beer, the movie theater entertainment complex business owner or operator must obtain a state 2-COP license and comply with the following requirements:

a.

The sale of beer and wine must be in conjunction with the offer to sell food, candy or other confections, or other refreshments such as soda, bottled water and juice, and incidental to the sale of movie tickets, food and revenues derived from entertainment venues or activities, exclusive of the sale of beer and wine. The movie theatre entertainment complex shall derive at least 80 percent of its revenue from the combined sale of movie tickets, food and revenues derived from entertainment venues and activities. The required percentage must be maintained on an average monthly basis. The owner or operator may not deflate the price of beer and wine or inflate the price of food items, movie ticket or price of the entertainment venue or activity intended as a means or method of meeting the minimum required percentage of gross revenue required by this subpart.

b.

Movie theater entertainment complex shall mean a movie theater that has a minimum of 10 theaters showing at least six different movies or films at the same time having at least 80 fixed seats for each theater and a minimum of fixed 1,500 seats for all theaters in total.

c.

No beer or wine shall be sold between the hours of 1:00 a.m. and 12:00 p.m. (noon) on any day of the week. Patrons shall be limited to no more than 3 servings of beer and wine.

d.

Records of all purchases and gross sales of movie tickets, food and non-alcoholic refreshments, entertainment activities and the sale of beer and wine shall be maintained as separately and subject to review by the city in order to determine the minimum threshold requirements provided in paragraph b. herein.

e.

The business owner or operator shall provide and enforce a regulatory compliance and identification check system approved by the city, such approval shall not be unreasonably withheld, that provide for beer and wine served in clear plastic drink ware, usher supervision, point-of-sale identification check, wristband and ultra-violet hand-stamp applications, additional patron checks prior to entering the theater auditoriums, responsible vendor training and any other methods to prevent underage consumption of beer and wine.

(d)

Presumption of noncompliance with the provisions of section 6-66(b)(1) or 6-66(b)(2) hereof where applicable.

(1)

Two or more of the following activities shall constitute a rebuttable presumption that the provisions of section 6-66(b)(1) hereof have been violated:

a.

People being served beer, wine or alcoholic beverages without full-course meals on three separate occasions during different days within a 30-day time period.

b.

Two or more consecutive inspections by the division of hotels and restaurants of the state department of business and professional regulation or the state department of agriculture and consumer services citing the same or substantially similar critical violations in a one-year period. The term critical shall be interpreted as defined in section 1-201.10(B)(19), Food Code, 2001 Recommendations of the U.S. Public Health Service/Food and Drug Administration, as utilized by state agencies.

c.

Four or more non-consecutive inspections by the division of hotels and restaurants of the state department of business and professional regulation or the state department of agriculture and consumer services citing the same or substantially similar critical violations in a two-year period, that when combined establish a pattern of violations that would lead a reasonable person to believe that the restaurant is operated in disregard to the standards and requirements for the proper and sanitary storage, preparation, processing and/or service of food to the public.

d.

Failure to produce, upon demand of the city code official or police officer, the records required to be maintained to properly ascertain whether the operator is in compliance with the required gross sales percentage of food and non-alcoholic beverages.

(e)

Bars that do not serve food will only be permitted where a C-3 extended liberal commercial zoning exists. These establishments are not permitted to allow dance floors or dancing as entertainment for patrons. When serving food in addition to beverages, a licensee must obtain a 722110A business tax receipt in addition to the 722410 business tax receipt. To be issued a 722410 business tax receipt, the holder of the business tax receipt must have a valid state license.

(f)

A 722410A business tax receipt (nightclubs, cabarets, etc.) is regulated by Article V of chapter 18 and article II of chapter 86 and any and all other sections of this Code or applicable city ordinances.

(Code 1960, § 5-9; Ord. No. 90-126, § 2, 9-25-1990; Ord. No. 97-72, § 1, 9-23-1997; Ord. No. 98-3, § 1, 1-13-1998; Ord. No. 02-8, § 1, 1-24-02; Ord. No. 2007-85, § 1, 9-25-2007; Ord. No. 2011-01, § 1, 2-8-2011; Ord. No. 2014-11, § 2, 2-25-2014; Ord. No. 2017-063, § 1, 9-26-2017)