Chapter 19.62 — BARS AND COCKTAIL LOUNGES

The purpose of this chapter is to provide for the location of bars and cocktail lounges in the City and to provide minimum regulations designed to protect the health, safety, and welfare of the general public. The purpose is not to regulate alcoholic beverage sales or in any way to conflict with the State in its control of alcoholic beverages.

(Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)

Bars or cocktail lounges shall be permitted in the C/MU-1 and C/MU-2 zones with approval of a conditional use permit.

(Ord. 94-884; Ord. 2012-1130 § 1)

In considering the granting of a conditional use permit for a bar or cocktail lounge, the City Council shall use the following criteria as guidelines:

• A. Establishments should not be less than two hundred feet from a residential zone;

• B. Establishments should not be less than two hundred feet from an existing residential building;

• C. Establishments should not be less than three hundred feet from a religious assembly or public school, playground, or park;

• D. Amount of existing and proposed off-street parking;

• E. Hours of operation of the proposed establishment;

• F. The type of business proposed;

• G. The number of bars or cocktail lounges in close proximity to the proposed establishment;

• H. The possible effect of the operation of the proposed establishment on health, safety, and welfare of the neighborhood.

• (Ord. 601 § 1, 1983; Ord. 94-884; Ord. 2012-1130 § 1)

To accomplish the purpose and intent of this title, all existing bars and cocktail lounges for which no valid conditional use permit exists are declared nonconforming uses and are governed by all applicable provisions of this title pertaining to nonconforming uses. (Ord. 601 § 1, 1983; Ord. 94-884)

Any conditional use permit issued pursuant to the provisions of this chapter shall be subject to the condition, in addition to any and all other conditions of the conditional use permit, that it shall terminate and cease to apply to any establishment which:

• A. Has ceased its operation for a period of ninety or more calendar days if there is thereafter filed any application or requested transaction with the State Department of Alcoholic Beverage Control whereby the laws of the State require notice thereof to be filed with the City, and allow the filing of a protest thereon by the City;

• B. Where, after said ninety-calendar-day period, the existing license has ceased to apply to the establishment; or

• C. Where the existing license has been surrendered to the Department of Alcoholic Beverage Control for a period exceeding one hundred calendar days.

• (Ord. 601 § 1, 1983; Ord. 94-884)