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01-10047 C-4 Drink Moritorium(Published in the Salina Journal on July/32001) ORDINANCE NUMBER 01-10047 AN ORDINANCE AMENDING SECTIONS 2, 3, AND 4 OF ORDINANCE NUMBER 01-10044 BY EXCEPTING RESTAURANTS FROM THE 90 -DAY MORATORIUM ON NEW CLUBS, DRINKING ESTABLISHMENTS, AND CEREAL MALT BEVERAGE RETAILERS (ON -PREMISES) OR THE EXPANSION OF EXISTING ONES IN THE C-4 CENTRAL BUSINESS DISTRICT OF THE CITY OF SALINA, KANSAS, AND REPEALING THE EXISTING SECTIONS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Findings. The Governing Body makes the following findings: (a) On June 25, 2001, the Governing Body passed on first and second reading Ordinance Number 01-10044 (the "Ordinance") establishing a 90 -day moratorium on new clubs, drinking establishments, and cereal malt beverage (CMB) retailers (on premises) or the expansion of existing ones in the C-4 Central Business District (the "Moratorium"). (b) The common board of directors of the Salina Business Improvement District (BID) and Salina Downtown, Inc. (SDI) has requested that restaurants be excepted from the Moratorium. (c) The city staff reports that further review of police calls for service, property damage, and noise and trash complaints reveals a significantly lower incidence of such adverse impacts in relation to those businesses which, although licensed as drinking establishments, are known to be predominately food service operations (restaurants). Section 2. Amendment of Section 2 of the Ordinance. Section 2 of the Ordinance is amended to provide as follows: Section 2. Moratorium. There is hereby established a moratorium on new clubs, drinking establishments, and CMB retailers (on premises) or the expansion of existing ones in the C-4 Central Business District; provided, however, the moratorium shall not apply to a restaurant, as defined in Section 3 below, serving alcoholic liquor or CMB under a club, drinking establishment, or CMB retailer (on -premises) license. Section 3. Amendment of Section 3 of the Ordinance. Section 3 of the Ordinance is amended to provide as follows: Section 3. Definitions. For purposes of moratorium the following terms shall mean: (a) "Club" means a class A or class B club as defined in K.S.A. 41-2601(g). (b) "Drinking establishment" means "premises which may be open to the general public, where alcoholic liquor by the individual drink is sold." [K.S.A. 41-2601(i)]. (c) "Cereal Malt Beverage Retailer (on -premises)" means "any person who sells or offers for sale any cereal malt beverage for use or consumption on the licensed premises and not for resale in any form. (d) "C-4" Central Business District" shall mean "that area of the city of Salina designated on the City's official zoning map (Salina Code Section 42-41) as being within the zoning district identified as C-4 Central Business District. (e) "Restaurant" shall mean "a public eating or drinking establishment, the facilities, equipment, and manner and hours of operation of which are consistent with a food service operation, including but not limited to the types of business establishments customarily referred to as cafes, cafeterias, coffee shops, dairy bars, restaurants and soda fountains, but not including any public eating or drinking establishment which has more than thirty-five (35 percent) of its on -premises sales, on an annual basis, devoted to alcoholic liquor or cereal malt beverage or a combination thereof." Section 4. Amendment of Section 4 of the Ordinance. Section 4 of the Ordinance is amended to provide as follows: Section 4. Implementation. For the purpose of implementing this moratorium relating to the C-4 Central Business District: (a) City staff shall neither: (1) Process any application for or issue any new club, drinking establishment, or CMB retailers (on -premises) license (which prohibition shall not apply to renewals of existing licenses) unless the applicant can establish that the license is being sought in conjunction with the operation of a restaurant in the manner provided in Section 4(b)(1) below; nor (2) Process any application for or issue any occupancy permit or zoning certificate for use of property as a club, drinking establishment, or CMB retailer (on -premises) unless the applicant can establish that the license is being sought in conjunction with the operation of a restaurant in the manner provided in Section 4 (b)(1) below. (b) City staff shall give a written notice to any pending or future applicant for a building permit for work to be performed on property within the C-4 Central Business District informing the applicant of this moratorium and asking the applicant in writing whether the proposed project is for the purpose of initiating or expanding a use involving the sale and on -premises consumption of alcoholic liquor or CMB. If the applicant responds affirmatively and the use involving the sale and on -premises consumption of alcoholic liquor or CMB: (1) is in conjunction with the proposed operation of a restaurant, the applicant shall be required to execute an affidavit in a form approved by the City Manager addressing criteria by which the City Manager or his designee shall determine whether the proposed use constitutes a restaurant as defined for purposes of this ordinance. The City Manager's determination that a proposed use does not constitute a restaurant shall be subject to appeal by the applicant to the governing body. (2) is not in conjunction with the operation of a restaurant, the applicant shall be required to execute an affidavit in a form approved by the City Manager or his designee as a condition precedent to the issuance of the building permit. In the affidavit the applicant shall (1) acknowledge the applicant's awareness of the moratorium, (2) acknowledge that the applicant is proceeding with the work provided for under the permit at the applicant's risk; and (3) release and hold the City harmless for any claim by the applicant for damages arising from issuance of the permit and/or applicant's proposed use of the subject property. Section 5. Repealer. Sections 2, 3, and 4 of the Ordinance are hereby repealed. Section 6. Effective Date and Term. This ordinance shall be in full force and effect for and after its adoption and publication once in the official city newspaper. Introduced: July 9, 2001 Passed: 9, 2001 stin M. Seaton, Mayor [SEAL] ATTEST: vwmtY�,�.,�� Lieu Ann Nicola, City Clerk