HomeMy WebLinkAbout2014-04-14 14-136 ORDINANCECOUNCIL ACTION
Item No. 14-136
Date: April 14, 2014
Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code
of the City of Bangor, By Adopting New Definitions for Restaurants and Bars
Responsible Department: Legal
Commentary:
This ordinance amendment would bring the definitions of restaurant and of bar, tavern, or
lounge in our Land Development Code into alignment with state definitions. Presently, the
definitions in the City's Land Development Code for restaurants, bars, taverns, and lounges differ
from those in the State's liquor licensing laws. Changing the City definitions to match those of
the State would serve to reduce the potential for confusion.
Under the definitions in the proposed ordinance, the distinctions between restaurants on the one
hand, and bars, taverns and lounges on the other are more clearly laid out. A restaurant must
have a kitchen and food preparation capacity, and must actually serve food, but on -premises
consumption is not required (take-out restaurants are therefore allowed). A bar, tavern or
lounge can serve only liquor if it so chooses, but on -premises consumption is required. These
distinctions are in line with state statute.
This item is scheduled to be reviewed at the April 8, 2014 meeting of the Business and Economic
Development Committee.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
x First Reading
x Referral to the Planning
Board on May 20, 2014 at 7:00 p.m.
Department Head
/I`p- A, a
Finance Director
Solicitor
14-136
APRIL 14, 2014
�o�N Assigned-io Councilor Durgin
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CITY OF BANGOR
O� ED.,
ED.fE�
ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor,
By Adopting New Definitions for Restaurants and Bars
WHEREAS, the definitions in the City's Land Development Code for restaurants, bars, taverns, and
lounges differ from those in the State's liquor licensing laws; and
WHEREAS, changing the City definitions to match those of the State would serve to reduce the
potential for confusion;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165 of the Code of the City of Bangor be amended as follows:
§ 165-13. Definitions.
BAR, TAVERN OR LOUNGE
A place where food and/or liquor is sold at tables. booths and counters: does
not include eating and drinidng establishments whese primary business Is serving feed e
establishments where alcohol service is a secondary activity, such as a bowling alley, fitness club,
or pool hall.
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RESTAURANT
A place regularly used for the purpose of providing food for the public, and which has adequate
and sanitary Idtchen equipment and capacity for preparing and serving suitable food for the public.
§ 165-92. Urban Service District (USD).
14-136
APRIL 149 2014
C. Permitted uses. The following uses are permitted in this district:
(9) Eating and drinldng establishme Restaurants.
§ 165-93. Downtown Development District (DDD).
C. Permitted uses. The following uses are permitted in this district:
(18) Restaurants.
19 Accessory uses on the same lot and customarily incidental and subordinate to the above uses
and those approved under Subsection D below.
§ 165-94. Waterfront Development District (WDD).
C. Permitted uses. The following uses are permitted in this district:
(4) Eating and drinidng establishme Restaurants.
§ 165-94.1. Bass Park District.
C. Permitted uses. The following uses are permitted in this district:
(4) Eating and drinidng establishme Restaurants accessory to the other district facilities.
§ 165-95. Airport Development District (ADD).
C. Permitted uses. The following uses are permitted in this district:
(9) Restaurant and eatering sewiee. Restaurants.
Additions are underlined, deletions trough.
IN CITY COUNCIL
April 14, 2014
First Reading and Referral to Planning Board
N et' g of May 20, 2014
CITY CIKAK
IN CITY COUNCIL
MAY 289 2014
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9-0
COUNCILORS VOTING YES; BALDACCI, BLANCHETTE, CIVIELLO, DURGIN,
GALLANT, GRAHAM, NEALLEY, PLOURDE, SPRAGUE
COUNCILORS VOTING NO; NONE
PASSED
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-- =--�C�Ti CLE
MEMORANDUM
DATE: May 21, 2014
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Chapter 16S, Land Development Code, of the
Code of the City of Bangor, By Adopting New Definitions
for Restaurants and Bars
Council Ordinance 14-136
Please be advised that the Planning Board at its meeting on May 20, 2014, held a
Public Hearing on the above zoning amendment.
Paul Nicklas, Assistant City Solicitor, indicated that this ordinance amendment
would bring the definitions of restaurant and of bar, tavern, or lounge in the Land
Development Code into alignment with state definitions. Presently, the definitions in
the City's Land Development Code for restaurants, bars, taverns, and lounges differ
from those in the State's liquor licensing laws. Changing the City definitions to match
those of the State would serve to reduce the potential for confusion.
No one from the audience spoke in favor of or in opposition to the proposed
amendment.
Planning Officer David Gould noted the last time these definitions were reviewed
was when the City was making a clear distinction between bars and restaurants. The
new definitions will not alter the previous language to maintain harmony between
residentail properties and urban bars and clubs.
The, Board voted unanimously to recommend the proposed text amendment to
the City Council - Land Development Code Chapter 165-95, as contained in Council
Ordinance #14-136.