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SR-8-B (125) PCD:PPA:SF:KG:DM f:ppd\share\ccreport\nlteclub CouncIl Meeting: August 8, 1995 88 rl .j ~J , Santa MonIca, California TO: Mayor and CIty Council AUG 0 8 mss FROM: CIty Staff SUBJECT: OrdInance for IntroductIon and First Reading AmendIng SectIon 9.04.02.030, DefInItions, of the Santa Monica MuniCIpal Code to Amend the EXIstIng NIghtclub and Restaurant DefInItIons. INTRODUCTION The proposed ordInance would amend the defInition section of the Municipal Code to clarIfy the existing defInItIons for nightclubs and restaurants. BACKGROUND In order for an establishnent to legally operate as a nIghtclub, it must first obtaIn a CondItIonal Use PermIt (CUP) I WhIch allows the PlannIng CommISSIon to Impose condItIons of approval In order to prevent the establishment from negatively ImpactIng the adjacent neIghborhood. NIghtclubs are condItIonally permitted in the RVe, C3, C3C, C4 and C6 DistrIcts. However, several eXIsting establishments that were approved as restaurants but operate as nightclubs during evenIng hours dId not obtain a CUP to operate as a nightclub. In revieWIng the ~atter, staff determined that the existIng def ini tions "lere not suffIcIently clear to require a restaurant operator to obtain a cUP for nightclub related activities. Therefore, staff determined It was necessary to amend the ordInance to clarIfy thIS ISSUe. ComplaInts received from 1 9B~ AUG 0 8 1995 II ~ . residents surrounding spec1fic establishments relate to noise impacts from patrons entering and eXltlng the establ1shments, loud music, and dIsturbances 1n the late night hours. ANALYSIS In reviewing the eX1st1ng n1ghtclub and restaurant definitions, staff determ1ned it was necessary to modify the defin1t1ons in order to clarify the dlstlnct10n between nightclubs and restaurants and to prevent eXIst1ng restaurants from operating as nightclubs without proper approvals. The eXIst1ng n1ghtclub and restaurant defin1tions are as follows: Nightclub. An establ1shment which primarily offers live enterta1nnent or danc1ng and vlhich may serve food or beverages. Restaurant. Any bU1ld1ng, room, space or portIon thereof where food 1S sold for consumpt1on on slte. A restaurant does not 1nclude inc1dental food service. Due to the fact that the eX1st1ng nightclub defInit10n states that a nightclub may serve food or beverages, and the exist1ng restaurant def1n1tIon does not specify or limit the type of entertaInment that ~ay occur 1n a restaurant, these definitions do not prov1de a clear dist1nct1on betvleen the two types of uses. Th1S amb1guIty results in sltuat10ns where a restaurant may operate 2 ~ as a n1ghtclub. In order to clarify the d1stinction between the two uses, staff 1S recommending that the definit10ns be amended to read as follows: Nightclub. Any establ1shment such as a bar, d1scotheque, restaurant, or similar facility Wh1Ch, at all tImes or dur1ng specif1ed hours I provldes dancing or entertainment as the pr1ncipal use. Nightclub includes a restaurant whlch offers entertalnF.'ent beyond the llmitations set forth 1n the def Inl tlon of Itrestaurantll 1n Sect10n 9.04.02.030. Typlcal characteristlcs of a nightclub include, but are not limited to, the chargIng of a cover charge, lIm1 ted or no food service, a dance floor or stage, anplified Music, and a Minl.mum drink purchase requlrement. Restaurant. Any bUl.ldlng, room, space or portl.on thereof where food lS sold for consumption on SIte, except for uses qualifying as incIdental food service. A restaurant may provl.de mUSIC or other entertal.nment l.f: (1) there is full meal serVIce avallable at all times whl.le the enterta1nment 1S taklng place; (2) there lS no dancing; and (3) the entertaIn~ent IS prOVIded only In the room(s) in which the serVlce of food 1S the prlInary business act1 Vl ty. A restaurant ~.J i th entertainment beyond the scope of these IlDltations dur1ng speCIfIed hours on a 3 nightly, weekly, or other regular basis shall also be cons1dered a nightclub and such entertainment use shall be proh1b1ted unless a separate conditional use permit for that nlghtclub use has been obtalned. Due to the prev10usly stated problems w1th eX1stlng restaurants, and the need to address these 1ssues exped1tiously, the proposed amendments to the nlghtclub and restaurant deflnitions have been brought to city Council 1n advance of a larger group of definltion amendments, Wh1Ch is currently scheduled to be reviewed by the C1ty Council 1n the early fall. BUDGET/FINANCIAL IMPACT The recommendat1on presented 1n th1S report does not have any budget or f1nanc1al lmpact. RECOMMENDATION It 1S recommended that the C1ty Council hold a public hearing and 1ntroduce for f1rst read1ng the attached ordinance amend1ng Mun1C1pal Code Sectlon 9.04.02.030 regardlng zoning Ord1nance Definitions. Prepared by: Suzanne Fr1ck, peD D1rector Karen G1nsberg, Plannlng Manager Davld Martln, Associate Planner Attach1"lent: A. Proposed Ordinance 4