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SALT LAKE CITY ORDINANCE
No. 65 of 2012
(An ordinance amending certain land use provisions of
Title 21A (Zoning) of the Salt Lake City Code pertaining to alcohol regulation)
An ordinance amending certain sections of Title 21A (Zoning) of the Salt Lake City Code pertaining to alcohol regulation pursuant to Petition No. PLNPCM2009-00495.
WHEREAS, the Salt Lake City Planning Commission (“planning commission”) held a public hearing on December 9, 2009 and an additional public meeting on January 27, 2010 to consider a request made by Salt Lake City Mayor Ralph Becker (petition no. PLNPCM2009-00495) to amend the text of portions of sections Title 21A (Zoning) of the Salt Lake City Code pertaining to alcohol regulation; and
WHEREAS, at its January 27, 2010 hearing, the planning commission voted in favor of recommending to the Salt Lake City Council (“city council”) that the city council amend the sections of the Salt Lake City Code as identified herein; and
WHEREAS, after a public hearing on this matter the city council has determined that the 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. Enacting section 21A.36.300. That section 21A.36.300, pertaining to alcohol related establishments, and is hereby enacted as follows:
21A.36.300 Alcohol Related Establishments
A. Purpose Statement: The purpose of this section is to permit the establishment of taverns, social clubs, dining clubs, brewpubs, and microbreweries as defined in Part VI, chapter 21A.62 of this title, subject to licensing procedures, and where appropriate, conditional use standards.
B. License Required: No tavern, social club, dining club, brewpub, or microbrewery 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, Social Clubs, Dining Clubs, Brewpubs, and Microbreweries – Authorized as Permitted Uses: Taverns, social clubs, brewpubs, dining clubs and microbreweries shall be permitted pursuant to subsection B of this section in zoning districts noted in the Tables of Permitted and Conditional Uses.
D. Taverns, Social Clubs, Dining Clubs, Brewpubs, and Microbreweries – Authorized as Conditional Uses: Taverns, social clubs, dining clubs, brewpubs, and microbreweries, 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, social club, dining club, brewpub, or microbrewery, the Planning Commission shall:
i. 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:
a. A complaint-response community relations program, and
b. A provision for a representative of the tavern, social club, dining club, brewpub, or microbrewery to meet with neighbors upon request in order to attempt to resolve any neighborhood complaints regarding the operations on the business premises;
c. Design and construction requirements to ensure that any sound level originating within the premises, measured within fifteen feet (15) feet from an exterior wall or door thereof, does not exceed the maximum permissible sound level set forth for the applicable zoning district in Chapter 9.28 of this code;
d. A provision stating that live entertainment shall only be located within an enclosed building subject to the foregoing sound limit;
e. Prohibiting electronically amplified sound in any exterior portion of the premises;
f. Designation of a location for smoking tobacco outdoors in conformance with State law;
g. A provision stating that any trash strewn on the premises be collected and deposited in a trash receptacle by 6 a.m. the following day, including any smoking and parking lot areas, and;
h. 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;
i. A parking management plan which shall include consideration of the impact of parking on surrounding neighborhoods.
ii. 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;
iii. Require buffering where a tavern, social club, dining club, brewpub, or microbrewery 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;
iv. Require that landscaping be located, and be of a type, that cannot be used as a hiding place, and;
v. 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, the following conditions may be imposed:
i. Limit the size and kind of signage located on the outside of any building in conformance with Chapter 21A.46;
ii. Require parking area lighting to produce a minimum footcandle that provides safe lighting for pedestrians, but does not intrude on residents’ enjoyment of their homes, and;
iii. 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 social club, dining club, 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 2. Amending text of Salt Lake City Code section 21A.24.190. That the table, titled “Table of Permitted and Conditional Uses for Residential Districts”, which is located at section 21A.24.190 of the Salt Lake City Code, shall be, and hereby is, amended, in part, to add the use categories of “Dining club (2,500 square feet or less in floor area)” and “Social club (2,500 square feet or less in floor area)”; to separate the use categories of “Brewpub (2,500 square feet or less in floor area)” and “Tavern (2,500 square feet or less in floor area)”; to omit the use categories of “lounge”, “Private clubs”, and “Liquor store”; and to add a qualifying provision requiring conformance with the proposed new section 21A.36.300, such that the table shall read as provided in the draft included herewith as Exhibit “A”.
SECTION 3. Amending text of Salt Lake City Code section 21A.26.080. That the table, titled “Table of Permitted and Conditional Uses for Commercial Districts”, which is located at section 21A.26.080 of the Salt Lake City Code, shall be, and hereby is, amended, in part, to modify the use regulation of liquor stores; to separate the use categories of “Brewpub (2,500 square feet or less in floor area)”, “Brewpub (more than 2,500 square feet in floor area)”, “Tavern (2,500 square feet or less in floor area)”,and “Tavern (more than 2,500 square feet in floor area)”; to add the use categories of “Dining club (2,500 square feet or less in floor area)”, “Dining club (more than 2,500 square feet in floor area)”, “Social club (2,500 square feet or less in floor area)”, and “Social club (more than 2,500 square feet in floor area)”; to omit the use categories of “Private club”, and “Liquor store”; and to add a qualifying provision requiring conformance with the proposed new section 21A.36.300, such that the table shall read as provided in the draft included herewith as Exhibit “B”.
SECTION 4. Amending text of Salt Lake City Code section 21A.28.040. That the table, titled “Table of Permitted and Conditional Uses for Manufacturing Districts”, which is located at section 21A.28.040 of the Salt Lake City Code, shall be, and hereby is, amended, in part, to modify the use regulation of liquor stores; to add the use categories of “Brewery”, “Distillery”, “Winery”, and “Social club”; to separate out the use categories of “Brewpub”, “Microbrewery” (formerly listed in plural form as “microbreweries”) and “Tavern”; to omit the use category of “private clubs”, and “Liquor store”; and to add a qualifying provision requiring conformance with the proposed new section 21A.36.300, such that the table shall read as provided in the draft included herewith as Exhibit “C”.
SECTION 5. Amending text of Salt Lake City Code section 21A.30.050. That the table, titled “Table of Permitted and Conditional Uses for Downtown Districts”, which is located at section 21A.30.050 of the Salt Lake City Code, shall be, and hereby is, amended, in part, to modify the use regulation of liquor stores; to add the use categories of “Dining Club (indoor)”, “Dining Club (outdoor)”, “Social club (indoor)”, and “Social club (outdoor)”; to omit the use categories of “Private club (indoor)”, “Private club (outdoor)”, “lounge (indoor)”, “lounge (outdoor)”, and “Liquor store”; to modify the use category “Microbreweries” to be listed as “Microbrewery” and to add a qualifying provision requiring conformance with the proposed new section 21A.36.300, such that the table shall read as provided in the draft included herewith as Exhibit “D”.
SECTION 6. Amending text of Salt Lake City Code section 21A.31.050. That the table, titled “Table of Permitted and Conditional Uses in the Gateway District”, which is located at section 21A.31.050 of the Salt Lake City Code, shall be, and hereby is, amended, in part, to modify the use regulation of liquor stores; to add the use categories of “Dining club (indoor)”, “Dining club (outdoor)”, “Social club (indoor)”, and “Social club (outdoor)”; to omit the use categories of “Private club (indoor)”, “Private club (outdoor)”, “lounge (indoor)”, “lounge (outdoor)”, and “Liquor store”; and to add a qualifying provision requiring conformance with the proposed new section 21A.36.300, such that the table shall read as provided in the draft included herewith as Exhibit “E”.
SECTION 7. Amending text of Salt Lake City Code section 21A.32.140. That the table, titled “Table of Permitted and Conditional Uses for Special Purpose Districts”, which is located at section 21A.32.140 of the Salt Lake City Code, shall be, and hereby is, amended, in part, to add the use categories of “Dining club (2,500 square feet or less in floor area)” and “Social club (2,500 square feet or less in floor area)”; to separate out the use categories of “Brewpub (2,500 square feet or less in floor area)” and “Tavern (2,500 square feet or less in floor area)”; to omit the use category of “lounge (2,500 square feet or less in floor area)”; and to add a qualifying provision requiring conformance with the proposed new section 21A.36.300, such that the table shall read as provided in the draft included herewith as Exhibit “F”.
SECTION 8. Amending text of Salt Lake City Code section 21A.62. That section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions), shall be, and hereby is, amended to add the following definitions to be inserted into that section in alphabetical order:
Social Club – A business establishment as defined in Title 32B, Utah Code, as amended.
Dining Club – A business establishment as defined in Title 32B, Utah Code, as amended.
Alcohol Related Establishment – Tavern, Social Club, Dining Club, Brewpub, or Microbrewery.
Brewery – A business establishment that manufactures beer, heavy beer, or malt liquor for off-premise consumption, not to include those alcoholic beverages produced in a distillery or winery.
Distillery – A business establishment that manufactures distilled, spirituous beverages for off-premise consumption, not to include those alcoholic beverages produced in a brewery or winery.
Winery – A business establishment that manufactures alcoholic beverages from the fermented juice of grapes, fruits, or other liquid bearing plants for off-premise consumption, not to include those alcoholic beverages produced in a brewery or distillery.
Alcohol, Liquor Store - A facility for the sale of package liquor located on premises owned or leased by the State of Utah and operated by State employees. Referred to as a “State Store” as defined in Title 32B, Utah Code, as amended.
SECTION 9. Amending text of Salt Lake City Code section 21A.62. That section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions), shall be, and hereby is, amended with respect to the following definitions only:
a. That the definition of “Brewpub” be amended to read as follows:
Brewpub – A restaurant type establishment that also has a beer brewery, producing beer in batch sizes not less than seven (7) U.S. barrels (31 gallons), on the same property which produces only enough beer for sale and consumption on site or for retail carryout sale in containers holding less than two liters (2 l) or for wholesale as outlined in subsections D and E of this definition. Automated bottle or canning production is prohibited. At least fifty percent (50%) of the beer sold shall be brewed on the premises. Revenue from food sales shall constitute at least fifty percent (50%) of the total business revenues, excluding retail carryout sales of beer. Brewpubs are limited to a total brewing capacity of two thousand five hundred (2,500) barrels per year or one hundred twenty (120) barrels of fermentation at any one time, whichever is less. Brewpubs may sell beer in keg (larger than 2 liters) containers for the following purposes and in the following amounts:
A. An unlimited number of kegs (not to exceed 2,500 barrel capacity) for "brew fests" which, for the purpose of this definition, means events, the primary purpose of which is the exposition of beers brewed by brewpubs and microbreweries, which include the participation of at least three (3) such brewers;
B. No more than one hundred (100) kegs per year (not to exceed 2,500 barrel capacity) to events sponsored by charitable organizations exempt from federal income tax pursuant to 26 USC, section 501(c)(3) or its successor; and
C. No more than one hundred (100) kegs per year (not to exceed 2,500 barrel capacity) to events operating under a single event license from the state and the city where the purpose of the event is not for commercial profit and where the beer is not wholesaled to the event sponsor but is, instead, dispensed by employees of the brewpub;
D. Unlimited distribution to other restaurants of same ownership or control (not to exceed 2,500 barrel capacity). "Ownership or control" means more than fifty percent (50%) ownership in the actual business or controlling interest in any management partnership; and
E. No more than five hundred (500) barrels for wholesale distribution (not to exceed 2,500 barrel capacity).
b. That the definition of “Microbrewery” be amended to read as follows:
Microbrewery – A brewpub
which, in addition to retail sale and consumption on site, markets beer
wholesale in an amount not to exceed sixty thousand (60,000) barrels (31
gallons) per year. Revenue from food sales must constitute at least fifty
percent (50%) of the total business revenues, excluding wholesale and retail
carryout sales of beer.
c. That the definition of “Tavern” be amended to read as follows:
Tavern –A business establishment as defined
in Title 32B, Utah Code, as amended.
SECTION 10. 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 18th day of September, 2012.
Bill No. 65 of 2012.
Published: November 9, 2012