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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:, t -- & % C��tMa h ' 4 �"o -1 lrY+� City Manager ��-G 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 - %�; 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. .. - - •• - - - - -- - - - - - - -- --"_J,•• 1 I 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.