Ordinance 23 of 2018

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SALT LAKE CITY ORDINANCE

No. 23 of 2018

(Amending various sections of Title 21A of the Salt Lake City Code

pertaining to alcohol regulations)

              An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to alcohol regulations, pursuant to Petition No. PLNPCM2017-00631.

              WHEREAS, the Salt Lake City Planning Commission held a public hearing on October 11, 2017 to consider a request made by the Salt Lake City Council (“Applicant”) (Petition No. PLNPCM2017-00631) to amend Chapters 21A.26 (Zoning: Commercial Districts), 21A.33 (Zoning: Land Use Tables), 21A.36 (Zoning: General Provisions), 21A.38 (Zoning: Nonconforming Uses and Noncomplying Structures), 21A.44 (Off Street Parking, Mobility and Loading), 21A.60 (Zoning: List of Terms), and 21A.62 (Zoning: Definitions) pertaining to alcohol regulations; and

              WHEREAS, at its October 11, 2017 hearing, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council; and

              WHEREAS, the city council finds after holding a public hearing on this matter, that adopting this ordinance is in the city’s best interests.

              NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

SECTION 1.  Amending the Text of Salt Lake City Code Section 21A.26.060.  That Subsection 21A.26.060.H (Zoning: Commercial Districts: CSHBD Sugar House Business District (CSHBD1 and CSHBD2) First Floor/Street Level Requirements) of the Salt Lake City Code shall be, and hereby is, amended to read as follows:

H.   First Floor/Street Level Requirements: The first floor or street level space of all buildings within this area shall be required to provide uses consisting of residential, retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters or performing art facilities.

              SECTION 2.  Amending the Text of Salt Lake City Code Section 21A.36.300.  That Section 21A.36.300 (Zoning: General Provisions: Alcohol Related Establishments) of the Salt Lake City Code shall be, and hereby is, amended to read as follows:

21A.36.300: ALCOHOL RELATED ESTABLISHMENTS:

A.   Purpose Statement: The purpose of this section is to permit the establishment of taverns, bar establishments, and brewpubs as defined in Chapter 21A.62 of this title, subject to licensing procedures, and where appropriate, conditional use standards.

B.   License Required: No tavern, bar establishment, or brewpub shall be established, operated, or maintained within the city without a valid license issued by the Utah state division of licensing, and without a valid business license issued by the city.

C.   Taverns, Bar Establishments, and Brewpubs; Authorized as Permitted Uses: Taverns, bar establishments, and brewpubs shall be permitted pursuant to subsection B of this section in zoning districts noted in the tables of permitted and conditional uses.

D.   Taverns, Bar Establishments, and Brewpubs; Authorized as Conditional Uses: Taverns, bar establishments, and brewpubs may be allowed as conditional uses pursuant to the provisions of Chapter 21A.54 of this title, and pursuant to subsection B of this section in zoning districts noted in the tables of permitted and conditional uses provided the following standards are achieved:

1.   In approving a conditional use permit for a tavern, bar establishment, or brewpub, the planning commission shall:

a.   Require that a security and operations plan be prepared by the applicant and approved by the Salt Lake City police department and the building official, and filed with the city recorder's office, which shall include:

(1) A complaint-response community relations program; and

(2) A provision for a representative of the tavern, bar establishment, or brewpub to meet with neighbors upon request in order to attempt to resolve any neighborhood complaints regarding the operations on the business premises;

(3) Design and construction requirements to ensure that any sound level originating within the premises, measured within fifteen feet (15') from an exterior wall or door thereof, does not exceed the maximum permissible sound level set forth for the applicable zoning district in Title 9, Chapter 9.28 of this code;

(4) A provision stating that live entertainment shall only be located within an enclosed building subject to the foregoing sound limit;

(5) Prohibiting electronically amplified sound in any exterior portion of the premises;

(6) Designation of a location for smoking tobacco outdoors in conformance with state law;

(7) A provision stating that any trash strewn on the premises be collected and deposited in a trash receptacle by six o'clock (6:00) A.M. the following day, including any smoking and parking lot areas; and

(8) A provision stating that portable trash receptacles on the premises be emptied daily and automated receptacles be emptied at least weekly. Automated receptacles shall be located only within a city approved trash storage area; and

(9) A parking management plan which shall include consideration of the impact of parking on surrounding neighborhoods;

b.   Require a review and approval of the site and floor plan proposed for the premises by the Salt Lake City Police Department. Such review may require design features for the purpose of reducing alcohol related problems such as consumption by minors, driving under the influence, and public drunkenness;

c.   Require buffering where a tavern, bar establishment, or brewpub abuts a residentially zoned parcel. Said buffering shall include vegetative landscaping or walls along any property line or within any required yard area on the lot where the premises are located;

d.   Require that landscaping be located, and be of a type, that cannot be used as a hiding place; and

e.   Require that the exterior of the premises be maintained free of graffiti, including the main building, any accessory buildings or structures, and all signs. Graffiti shall be removed from the exterior of the premises within forty eight (48) hours, weather permitting.

2.   If necessary to meet the standards for approval of a conditional use set forth in Section 21A.54.080 of this title, the following conditions may be imposed:

a.   Limit the size and kind of signage located on the outside of any building in conformance with Chapter 21A.46 of this title;

b.   Require parking area lighting to produce a minimum foot-candle that provides safe lighting for pedestrians, but does not intrude on residents' enjoyment of their homes; and

c.   Consider the proposed location of an outdoor smoking area in the security and operations plan and the potential effect on neighboring residences, businesses, and buildings and designating a new area if the potential effects of the area in the security and operations plan appear to adversely affect neighboring residences, businesses, and buildings.

E.   Minimum Area: In the CN and RB zoning districts, an alcohol related establishment shall only be allowed if such zoning district in which the alcohol related establishment is proposed is at least one-half (¹/₂) acre in contiguous area.

F.    Concentration Prohibited: In the CN and RB zoning districts, not more than one alcohol related establishment as noted in the table of permitted and conditional uses shall be located within six hundred feet (600') of another alcohol related establishment as measured linearly without regard to intervening structures from the nearest point on the property line of one establishment to the nearest point on the property line of the second establishment. In CB zoning districts, not more than one bar establishment, brewpub, or tavern shall be located within three hundred fifty feet (350') of another alcohol related establishment as measured linearly without regard to intervening structures from the nearest point of the property line of one establishment to the nearest point on the property line of the second establishment.

              SECTION 3.  Amending the Text of Salt Lake City Code Section 21A.33.020.  That Section 21A.33.020 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Residential Districts) of the Salt Lake City Code shall be, and hereby is, amended as follows:

a.   Deleting the Use Category “Alcohol, dining club (2,500 square feet or less in floor area)”. That the Table of Permitted and Conditional Uses for Residential Districts is amended to delete the use category “Alcohol, dining club (2,500 square feet or less in floor area)” and all associated information on that row of the table.

b.   Amending the Use Category “Alcohol, social club (2,500 square feet or less in floor area)”. That the Table of Permitted and Conditional Uses for Residential Districts is amended to modify the use category “Alcohol, social club (2,500 square feet or less in floor area)” and all associated information on that row of the table to read as follows:

SECTION 4.  Amending the Text of Salt Lake City Code Section 21A.33.030.  That Section 21A.33.030 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) of the Salt Lake City Code shall be, and hereby is, amended to modify that table only as it pertains to the “Alcohol” use category, which use category shall read as follows:

SECTION 5.  Amending the Text of Salt Lake City Code Section 21A.33.035.  That Section 21A.33.035 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts) of the Salt Lake City Code shall be, and hereby is, amended to modify that table only as it pertains to the “Alcohol” use category, which use category shall read as follows:

SECTION 6.  Amending the Text of Salt Lake City Code Section 21A.33.040.  That Section 21A.33.040 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Manufacturing Districts) of the Salt Lake City Code shall be, and hereby is, amended to modify the use subcategory “Social club” and all associated information on that row of the table to read as follows:

SECTION 7.  Amending the Text of Salt Lake City Code Section 21A.33.050.  That Section 21A.33.050 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Downtown Districts) of the Salt Lake City Code shall be, and hereby is, amended to modify that table only as it pertains to the “Alcohol” use category, which use category shall read as follows:

SECTION 8.  Amending the Text of Salt Lake City Code Section 21A.33.060.  That Section 21A.33.060 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in the Gateway District) of the Salt Lake City Code shall be, and hereby is, amended to modify that table only as it pertains to the “Alcohol” use category, which use category shall read as follows:

SECTION 9.  Amending the Text of Salt Lake City Code Section 21A.33.070.  That Section 21A.33.070 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) of the Salt Lake City Code shall be, and hereby is, amended to modify that table only as it pertains to the “Alcohol” use category, which use category shall read as follows:

SECTION 10.  Amending the Text of Salt Lake City Code Section 21A.33.080.  That Section 21A.33.080 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in Form Based Districts) of the Salt Lake City Code shall be, and hereby is, amended to modify the use subcategory “Social club” and all associated information on that row of the table to read as follows:

SECTION 11.  Amending the Text of Salt Lake City Code Subsection 21A.38.040.B.  That Subsection 21A.38.040.B (Zoning: Nonconforming Uses and Noncomplying Structures: Nonconforming Uses: Nonconformity of Taverns, Social Clubs, Dining Clubs, or Brewpubs) of the Salt Lake City Code shall be, and hereby is, amended to read as follows:

B.   Nonconformity of Taverns, Bar Establishments, or Brewpubs: A legally existing tavern, bar establishment, or brewpub shall not be deemed nonconforming for purposes of expansion, reconstruction or licensing (as long as the use is permitted in the base zoning district) if the only reason for such nonconformity is due to the subsequent location of a school, church or park within the spacing requirements as specified under requirements of state law.

SECTION 12.  Amending the Text of Salt Lake City Code Section 21A.44.030.  That Subsection 21A.33.035.G (Zoning: Off Street Parking, Mobility and Loading: Number of Off Street Parking Spaces Required: Minimum Off Street Parking Requirements: Applicability: Table 21A.44.030) of the Salt Lake City Code shall be, and hereby is, amended to modify that table only as it pertains to the subcategory “Restaurants, taverns and social clubs”, which use category shall read as follows:

G.   Minimum Off Street Parking Requirements:

1.    Applicability: Unless otherwise regulated in the special provisions in subsection G.2 of this section, each principal building or use shall provide the minimum number of parking spaces as outlined in Table 21A.44.030 of this section:

TABLE 21A.44.030
SCHEDULE OF MINIMUM
OFF STREET PARKING REQUIREMENTS³

SECTION 13.  Amending text of Salt Lake City Code Section 21A.60.020.  That Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms), shall be, and hereby is, amended as follows:

a.         Deleting the term “Alcohol, dining club”.  That Section 21A.60.020 of the Salt Lake City Code is amended to delete the term “Alcohol, dining club”.

b.         Deleting the term “Alcohol, dining club (2,500 square feet or less in floor area)”.  That Section 21A.60.020 of the Salt Lake City Code is amended to delete the term “Alcohol, dining club (2,500 square feet or less in floor area)”.

c.         Amending the term “Alcohol, social club”.  That the term “Alcohol, social club” provided in Section 21A.60.020 of the Salt Lake City Code is amended to read as follows:

Alcohol, bar establishment.

d.         Amending the term “Alcohol, social club (indoor)”.  That the term “Alcohol, social club (indoor)” provided in Section 21A.60.020 of the Salt Lake City Code is amended to read as follows:

Alcohol, bar establishment (indoor).

e.         Amending the term “Alcohol, social club (more than 2,500 square feet in floor area)”.  That the term “Alcohol, social club (more than 2,500 square feet in floor area)” provided in Section 21A.60.020 of the Salt Lake City Code is amended to read as follows:

Alcohol, bar establishment (more than 2,500 square feet in floor area). See Alcohol, bar establishment.

f.          Amending the term “Alcohol, social club (outdoor)”.  That the term “Alcohol, social club (outdoor)” provided in Section 21A.60.020 of the Salt Lake City Code is amended to read as follows:

Alcohol, bar establishment (outdoor).

g.         Amending the term “Alcohol, social club (2,500 square feet or less in floor area)”.  That the term “Alcohol, social club (2,500 square feet or less in floor area)” provided in Section 21A.60.020 of the Salt Lake City Code is amended to read as follows:

Alcohol, bar establishment (2,500 square feet or less in floor area). See Alcohol, bar establishment.

SECTION 14.  Amending text of Salt Lake City Code Section 21A.62.040.  That Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be, and hereby is, amended as follows:

a.   Deleting the definition “ALCOHOL, DINING CLUB”.  That Section 21A.62.040 of the Salt Lake City Code is amended to delete the definition “ALCOHOL, DINING CLUB”.

b.   Deleting the definition “ALCOHOL, DINING CLUB (2,500 Square Feet Or Less In Floor Area)”.  That Section 21A.62.040 of the Salt Lake City Code is amended to delete the term “ALCOHOL, DINING CLUB (2,500 Square Feet Or Less In Floor Area)”.

c.   Deleting the definition “ALCOHOL, SOCIAL CLUB”.  That Section 21A.62.040 of the Salt Lake City Code is amended to delete the term “ALCOHOL, SOCIAL CLUB”.

d.   Deleting the definition “ALCOHOL, SOCIAL CLUB (INDOOR)”.  That Section 21A.62.040 of the Salt Lake City Code is amended to delete the term “ALCOHOL, SOCIAL CLUB (INDOOR)”.

e.   Deleting the definition “ALCOHOL, SOCIAL CLUB (More Than 2,500 Square Feet In Floor Area)”.  That Section 21A.62.040 of the Salt Lake City Code is amended to delete the term “ALCOHOL, SOCIAL CLUB (More Than 2,500 Square Feet In Floor Area)”.

f.    Deleting the definition “ALCOHOL, SOCIAL CLUB (OUTDOOR)”.  That Section 21A.62.040 of the Salt Lake City Code is amended to delete the term “ALCOHOL, SOCIAL CLUB (OUTDOOR)”.

g.   Deleting the definition “ALCOHOL, SOCIAL CLUB (2,500 Square Feet Or Less In Floor Area)”.  That Section 21A.62.040 of the Salt Lake City Code is amended to delete the term “ALCOHOL, SOCIAL CLUB (2,500 Square Feet Or Less In Floor Area)”.

h.   Adding a definition of the term “Alcohol, bar establishment”.  That Section 21A.62.040 of the Salt Lake City Code is amended to add a new definition of “Alcohol, bar establishment”, which definition shall be inserted in alphabetical order and shall read as follows:

ALCOHOL, BAR ESTABLISHMENT: A business establishment as defined in Title 32B, Utah Code, as amended.

i.    Adding a definition of the term “Alcohol, bar establishment (indoor)”.  That Section 21A.62.040 of the Salt Lake City Code is amended to add a new definition of “Alcohol, bar establishment (indoor)”, which definition shall be inserted in alphabetical order and shall read as follows:

ALCOHOL, BAR ESTABLISHMENT (INDOOR): See definition of Alcohol, Bar Establishment.

j.    Adding a definition of the term “Alcohol, bar establishment (more than 2,500 square feet in floor area)”.  That Section 21A.62.040 of the Salt Lake City Code is amended to add a new definition of “Alcohol, bar establishment (more than 2,500 square feet in floor area)”, which definition shall be inserted in alphabetical order and shall read as follows:

ALCOHOL, BAR ESTABLISHMENT (More Than 2,500 Square Feet in Floor Area): See definition of Alcohol, Bar Establishment.

k.   Adding a definition of the term “Alcohol, bar establishment (outdoor)”.  That Section 21A.62.040 of the Salt Lake City Code is amended to add a new definition of “Alcohol, bar establishment (outdoor)”, which definition shall be inserted in alphabetical order and shall read as follows:

ALCOHOL, BAR ESTABLISHMENT (OUTDOOR): See definition of Alcohol, Bar Establishment.

l.    Adding a definition of the term “Alcohol, bar establishment (2,500 square feet or less in floor area)”.  That Section 21A.62.040 of the Salt Lake City Code is amended to add a new definition of “Alcohol, bar establishment (2,500 square feet or less in floor area)”, which definition shall be inserted in alphabetical order and shall read as follows:

ALCOHOL, BAR ESTABLISHMENT (2,500 Square Feet or Less in Floor Area): See definition of Alcohol, Bar Establishment.

m.  Amending the definition of the term “Outdoor dining”. That Section 21A.62.040 of the Salt Lake City Code is amended to modify the definition of the term “Outdoor dining”, which definition shall read as follows:

OUTDOOR DINING: A dining area with seats and/or table(s) located outdoors of a restaurant, brewpub, bar establishment, tavern, market, deli, and other retail sales establishment that sells food and/or drinks, and which is either: a) located entirely outside the walls of the building of the subject business, or b) enclosed on two (2) sides or less by the walls of the building with or without a solid roof cover, or c) enclosed on three (3) sides by the walls of the building without a solid roof cover.

n.   Amending the definition of the term “Alcohol related establishment”. That Section 21A.62.040 of the Salt Lake City Code is amended to modify the definition of the term “Alcohol related establishment”, which definition shall read as follows:

ALCOHOL RELATED ESTABLISHMENT: Tavern, bar establishment, or brewpub.

SECTION 15.  Effective Date.  This Ordinance shall become effective on the date of its first publication.

              Passed by the City Council of Salt Lake City, Utah this 12^th day of June, 2018.

Bill No. 23 of 2018.

Published: June 21, 2018.