01-10044 C-4 Drink MoritoriumConsolidei S111e
duly I
(Published in the Salina Journal on Um , 2001)
ORDINANCE NUMBER O1-10044
AN ORDINANCE ESTABLISHING A 90 DAY MORATORIUM ON NEW
CLUBS, DRINKING ESTABLISHMENTS, AND CEREAL MALT BEVERAGE
RETAILERS (ON -PREMISE) OR THE EXPANSION OF EXISTING ONES IN
THE C-4 CENTRAL BUSINESS DISTRICT OF THE CITY OF SALINA, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. The Governing Body makes the following findings:
(a) City of Salina zoning regulations set forth in Chapter 42 of the Salina Code (the
"Zoning Code") establish a C-4 Central Business District "designed to provide for a broad
range of retail shopping facilities."
(b) In 1994 the voters of Saline County approved a measure allowing the sale of
alcoholic liquor in licensed drinking establishments without a corresponding food sales
requirement.
(c) Certain newer, larger drinking establishments have opened in the Central
Business District in recent years.
(d) The Central Business District has over the last several years experienced the
increased occupancy of second -story residential lofts.
(e) Business owners and residents of the Central Business District have expressed
concern over the noise, trash, property damage, and safety/crime concerns resulting from
operation of the newer, larger drinking establishments located in the Central Business
District.
(f) Preliminary city staff review indicates that police calls for service, property
damage, and noise and trash complaints in the Central Business District have increased in
relation to operation of the drinking establishments located in the Central Business District.
(g) The common board of directors of the Salina Business Improvement District
(BID) and Salina Downtown, Inc. (SDI) has asked the governing body to review the City's
existing ordinances and policies regarding the businesses or clubs serving alcoholic liquor
or cereal malt beverage (CMB) in the Central Business District within the context of a
moratorium on new clubs, drinking establishments, and CMB retailers (on -premises) or the
expansion of existing ones.
(h) City staff has advised that a comprehensive review of the Zoning Code as it
addresses alcoholic liquor and CMB related uses in the C-4 Central Business District is
needed so that the Planning Commission and City Commission may determine the most
advisable course for further development of the Central Business District.
(i) The establishment of a short-term moratorium on new clubs, drinking
establishments, and CMB retailers (on -premise) or the expansion of existing ones in the
Central Business District during the pendency of the legislative process in which Zoning
Code amendments may be developed and considered is necessary in order to avoid any
further development of such clubs, drinking establishments, and CMB retailers (on -
premise) in the Central Business District in a manner potentially in conflict with the policy
determinations resulting from that legislative process.
Section 2. Moratorium. There is hereby established a moratorium on new clubs,
drinking establishments, and CMB retailers (on premise) or the expansion of existing ones
in the C-4 Central Business District.
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).
C1111tle MS1111
(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.
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); 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), or as
a restaurant serving alcoholic liquor or CMB under a club, drinking establishment, or CMB
retailer (on -premises) license.
(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, the applicant will 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. 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 and
shall remain in full force and effect for a period of 90 days thereafter, unless further
extended by ordinance.
[SEAL]
ATTEST:
Lieu Arm Nicola, City Clerk
Introduced: June 25, 2001
Passed;,,--- mune 25, 2001
M. Seatgh, Mayor