01-10044 Affidavit of Publication
Ord. No. 01-10044 d e policy determinations
Following is a true and correct copy of -resulting from that legislative
process.
'
together with proof of publication of the same. Section 2. Moratorium.
There is hereby established a
- moratorium on •new dubs,
(Published In the Salina drinking establishments, and
Journal July 1,2001) CMB retailers (on premise) or
AFFIDAVIT ORDINANCE NUMBER r the 'expansion of existing ones
01-10044 in the C-4 Central Business
AN ORDINANCE ESTAB- District.
LISHING A 90 DAY MORA-
TORIUM ON NEW CLUBS, Section 3. Definitions. For
Kim Norwood DRINKING I ESTABLISH- Du poses of moratorium the
I, , being duly MENTS, AND CEREAL MALT
BEVERAGE RETAILERS
(ON-PREMISE) OR THE EX-
purposes terms shall mean:
(a) "Club" means a class A
or class B club as defined in
sworn, declare that I am the Advertising Manager of THE PANSION OF EXISTING K.SA.41-2601(g). '
ONES IN THE C-4 CENTRAL
BUSINESS DISTRICT OF (b) 'Drinking establishment"
SALINA JOURNAL, a daily newspaper published at Salina, THE CITY OF SALINA, KAN- means "premises which may
SAS.- be open to the,general public,
where alcoholic liquor by the
BE Saline County, and of general circulation in said Governing ORDAINED of the by the individual drink is sold.'
Y, g g Body of the Ciry of [K.B.A.41-2601(i)j.
Salina,Kansas:
(c) "Cereal Malt Beverage
county, which newspaper has been continuously and unin- Section 1. Findings. The Retailer (on-premises)" means
Governing Body makes the any person who sells or offers
following findings: for sale any cereal malt bever-
terruptedly published for five consecutive years prior to first age for use or consumption on
(a) City of Salina zoning reg- the licensed premises and not
ulations set forth in Chapter 42 for resale in any form.
of publication of attached notice, and that the attached ing the de) Cabe (the •mn-
CCade') establish a C-4 (d) '04' Central'that area
Central Business District 'de- District' shell mean 'that area
Ord. No. O1-10044 signed to provide for a broad of the city of Salina designated
range of retail shopping lacili- on the City's official zoning
ties." map (Salina Code Section 42-
1 41) as being within the zoning
has been correctly published in said newspaper ineblCounty approved a om as- Vaal BusinessuDedn�s C-4 Cen-
ure allowing the sale of alco-
holic liquor in licensed'drinking _ • Section 4. Implementation.
times, the first publication being given establishments without a cor- .1- For the purpose of implement-
responding food, sales require- ing this moratorium relating to
ment. the C-4 Central Business Dis-
in the issue of July 1 ty 2001 inch
>#.)ei ‘,..194270/00/y ri(k) Certain newer, larger (a)City staff shall neither:
drinking main establishments.newer, have
opened Di in the Central Busi-
ness (1)District in recent years. for or issue any new club,
3 drinking establishment, or
Subscribed and sworn to before me, this (dl The Central ' Business CMB retailers (on-premises) ti-
ll _/
District has over the last
sev—eral years experienced the in- not apply to renewals of exist-
ing day Of_ „-) ✓ / A.D.-11
a creased occupancy of second-
story cense
nor
/ /^, OA, residential lofts. (2) Process any application
�� ` / (e) Business owners and for or issue any occupancy
-�—""(JJ residents of the Central Busi- permit or zoning certificate for
Notary Public ness District have expressed use of property as a club,
concern over the noise, trash, dunking establishment, or
property • damage, and CMB retailer (on-premises), or
safety/crime concerns • result- as a restaurant serving alco-
ing from operation of the new- holic liquor or CMB under a
er, larger drinking establish- club, drinking establishment,
ments located in the Central or CMB retailer (on-premises)
Business District. license. •
State at Kansas (f) Preliminary city staff re- •(b) City staff shall give a
TARP PUBLIC
view indicates that police calls whiten notice to any pending
oti WENDVCM- ROBAK for -service, properly damage, a future applicant for a build-
and noise and trash com-
plaints ing permit for work to be per-
APPt• ' g in the Central Business formed on property within the
District have increased in cola- C-4 Central Business District
tion to operation of the drink- informing the applicant of this
ing establishments located in moratorium and asking the ap-
the Central Business District. pticant in writing whether the
proposed project is for the pur-
(g) The common board of di- pose of initiating or' expanding
rectors of the Salina Business a use involving the sale and
Improvement District (BID) on premises consumption of
and Salina Downtown, Inc. alcoholic liquor or CMB. If the
(SDI) has asked the governing applicant responds affimiatNe-
body to review the City's exist- H, the applicant will be re-
ing ordinances and,policies re- 'quired to execute an affidavit
garding the businesses or in a form approved by the City
clubs serving alcoholic liquor Manager or his designee as a
or cereal malt beverage (CMB) condition precedent to the is-
-in the Central Business District nuance of the building permit.
within`the context of a morato- In the affidavit the applicant
num on new clubs, •drinking shall (1) acknowledge the ap-
establishments, and CMB re- plicant's awareness of the
tailors (on-premises) or the ex- moratorium, (2) acknowledge•
pension of existing ones. that the applicant is proceed-'
ing with the work provided for
(h) City staff has advised under the permit at the appli-
that a comprehensive. review cant's risk'. and (3),release and
of the Zoning Code as it ad-
hold the City harmless for any
dresses alcoholic liquor and claim by the applicant for dam-
CMB related uses in the C-a ages arising from issuance of
Central Business District is the permit and/or applicant's
needed so 'that the Planning proposed use of the subject
Commission and City Com- property.
mission may determine the Effective Date
and omen.
most advisable course for'fur- .Section 5. Effective
ther development of the Cen- and)) be in full This ordinance no
effect
tral Business District. and after its adoption and
(i) The establishment of a publication once in the official
short-term moratorium on new city newspaper and shall re-
clubs, drinking establishments, main in lull force and effete,-for
and CMB retailers (on-pram- a period of 90 days thereafter,
ise) or the expansion of exist- unless further extended by or-
ing ones in the Central Busi- &lance.
ness District during the pend-
ency of the legislative process Introduced:June 25,2001
in which Zoning Code amend- Passed:June 25,2001
ments may be developed and /s/Kristin M.Seaton,
considered is necessary in-or-
I der to avoid any further devel- Mayor
cement of such clubs, drink. '!
ing establishments, and CMB [SEAL)
retailers (on-premise) in the ATTEST:
Central Business District in a /s/Lieu u Ann Nicola,
manner potentially in conflict City An (It)
•