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:
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Lieu Ann Nicola, City Clerk