HomeMy WebLinkAbout2009-04-27 09-143 ORDINANCECOUNCIL ACTION
Item No.
09 143
Date: April 27, 2009
Item/Subject: Ordinance, Amending Land Development Code, Chapter 165, Section 165-13,
Definitions
Responsible Department: Legal
Commentary:
This Ordinance will delete nightclub, dance hall or disco from the Land Development Code and
add bar, tavern or lounge and eating and drinking establishments. It will also include eating and
drinking establishments in the definition of retail or service business.
This amendment is in response to concerns expressed by the Planning Board to an amendment
to the definition of nightclub, dance hall or disco that was passed by the Council in January
2009. The earlier ordinance amendment changed the definition of nightclub, dance hall or disco
from an establishment with a capacity of 300 patrons to one with a capacity of 80 patrons. The
Board felt that the change, coupled with the prior definitions, resulted in some businesses being
included that should not. The intent of this amendment is to address those concerns.
Department Head
Manager's Comments:,
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& % C��tMa h ' 4 �"o -1 lrY+� City Manager
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Associated Information:
Budget Approval:
Finance Director
Legal Approval:
10 City Solicitor
Introduced for
Passage
X First Reading Page _ of _
X Referral to the Planning Board May 19, 2009 @ 7 p.m.
39 x.43
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%�; Assigned to Councilor Wheeler April 27, 2009
GI7Y OF BANGOR
(TITLE,) Ordinance, Amending Land Development Code, Chapter 165, Section 165-13, Definitions
Be it Ordained by the City of Bangor as follows:
That the Land Development Code of the City of Bangor is amended as follows:
165-13 Definitions
Bar, Tavern or Lounge — Any establishment in the primary business of serving alcohol, whether in
association with entertainment or not Does not include eating and drinking establishments whose
primary business is serving food or establishments where alcohol service is a secondary activity such as
a bowling alley, fitness club. orog_o 1 hall.
Ming and drinking establishments: a restaurants, cafe. or diner primarily established for serving
food and beverages to the public. Eating and drinking establishments shall include specialty single item
establishments such as coffee. ice cream, or other limited menu choices. Eating and drinking
establishments shall include bars taverns and lounges as defined.
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Retail or Service Business: Any business or establishment engaged in the sale of goods or services
to the general public including eating and drinking establishments. A service business shall include any
establishment engaged in the fields of finance, insurance or real estate and any establishment
providing professional, personal or business services or nonvehicular repair services. A service business
does not include a chemical dependency treatment facility, clinic, a gasoline service station or motor
garage, a hotel, motel, rooming house, boardinghouse or tourist home or a manufacturing use.
Additions are underlined. Deletions are s#aek through.
IN CITY COUNCIL
April 27, 2009
First Reading and Referred
to t Planning Board
CITY CLERK
IN CITY COUNCIL
May 27, 2009
PASSED
Motion made and seconded for passage
Vote 9-0
Councilors Voting yes: Blanchette,
Bronson, D'Errico, Gratwick, Hawes
Nealley, Palmer, Stone, and Wheeler
Councilos Voting No: None
ity Clerk
ORDINANCE
(Tr,E' Amending Land Development Code,
Chapter 165,'Section 165-13, Definitions
Assigned to Councilos� ki L&'
MEMORANDUM
DATE: May 20, 2009
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUB3ECT: Amending Land Development Code 165-13
Council Ordinance 09-143
Please be advised that the Planning Board at its regularly scheduled meeting on
May 19, 2009 held a Public Hearing on the above Land Development Code
Amendment.
City Solicitor Norman Heitmann provided an overview of the proposed Land
Development Code Amendment. Mr. Heitmann indicated that this is an
amendment to a previous one that was before the Planning Board and adopted
by the City Council in February 2009 that dealt with the definitions of Night
Club, Dancehall, or Disco. Also, there was an amendment that reduced the
number of patrons from 300 to 80. At the time that the Planning Board
considered this, Board Members were concerned that the amendment did not
clearly distinguish between large restaurants and late night bars. Board
Members were also concerned how the amendment would affect the places of
assembly not intended to be regulated. Mr. Heitmann explained that after the
amendments were adopted by the City Council Staff revisited to address the
Board's concerns. This amendment attempts to draw a distinction between
restaurants and other establishments that serve alcohol from establishments
whose primary business is just serving alcohol.
No one spoke either in favor of or in opposition to the proposed zoning
amendment.
Planning Officer David Gould noted that it was not the original intent to regulate
other assembly spaces. By now, defining bar, tavern and lounge and eating and
drinking establishments, the amendment clarifies some existing confusion and
allows us to apply the specific hours of operation to bars. Staff recommended
that the Board recommend approval of C.O. # 09-143.
The Board voted six in favor and none opposed to recommend the proposed
language to the City Council as contained in C.O. # 09-143.