Presentations - Charlotte-Mecklenburg County

Nightclubs, Bars and RestaurantsCITIZENS ADVISORY GROUP MEETINGMarch 5, 2013

• Welcome and Introductions• Recap from Last Meeting– Follow-Up Information• Map of NBR Uses• Map of NBR ViolationsTONIGHT’S AGENDA• Map of ZBA Variances and Appeals• Combined Agencies Regulations for NBRs• N. C. ABC definition of uses• Major issues or concerns that need to be addressed in thisprocess (Results)• What should be done to address these issues and concerns(Results)• Common Themes Matrix (Summary of Results)• Possible Regulatory Categories (Opinion Survey)• Wrap-up/Next Steps

FOLLOW UP INFORMATION

MAP OF RESTAURANT USES• There 1,823restaurantlocations withinMecklenburgCounty.Information obtained from City of CharlotteFire Department including definition• Those eating placesspecializing in foodfor consumptionprimarily on thepremises. Includedare cafeterias anddiners, with table orautomatic service.Restaurant Locations

MAP OF NIGHTCLUB USES• There are 223nightclub locationswithinMecklenburgCountyInformation obtained from City ofCharlotte Fire Department includingdefinition.• Those places specializingin food and drink. Theycan offer dancing orentertainment. Includedare key clubs, supperclubs, and dinertheaters.Nightclub Locations

MAP OF NIGHTCLUBS, BARS ANDRESTAURANTS VIOLATIONS• 29 Notices of Violations• Violations are dispersedthroughout the city• There are 3 locationswith repeat violators• 8 locations with multipleviolations but differentowners• Information obtained from City ofCharlotte Neighborhood and BusinessServices Code Enforcement DepartmentViolations

MAP OF ZONINGVARIANCES AND APPEALS• 12 Appeals (red) to Zoning Boardof Adjustment since 2003• 25 Variance Requests (green) toZoning Board of Adjustment since2002Total ZBA cases 37• February 19 th meeting staffindicated 10 appeals and 27variances• 2 Variances and 3 Appeals weremade to the Zoning Board ofAdjustment as a result ofviolations during 2010-2012VariancesAppeals

COMBINED AGENCIES REGULATIONS FORNIGHTCLUBS, BARS AND RESTAURANTS

N. C. ABCDEFINITIONS OF USESNorth CarolinaABC DefinitionsRESTAURANTS - An establishment substantially engaged in thebusiness of preparing and serving meals. To qualify as a restaurant, anestablishment's gross receipts from food and nonalcoholic beveragesshall be not less than thirty percent (30%) of the total gross receiptsfrom food, nonalcoholic beverages, and alcoholic beverages. Arestaurant shall also have a kitchen and an inside dining area withseating for at least 36 people.RETAIL BUSINESS – An establishment engaged in any retailbusiness, regardless of whether food is sold on the premise.

USES REGULATED BYOTHER AGENCIESABC/CMPD• Controls the sale and use of alcoholic beveragesCMPD• Monitors sound decibels for Noise OrdinanceLAND USE AND ENVIRONMENTAL SERVICES AGENCY(BUILDING)• Ensures safe building through NC Building CodeFIRE DEPARTMENT• Enforces fire safety through National Fire CodeHEALTH DEPARTMENT• Eliminates food-borne illness through Health & Sanitation CodesZONING/PLANNING• Regulates land use and development standards through ZoningOrdinance

RECAP OF PREVIOUS MEETINGWHAT ARE MAJOR ISSUES?

RECAP OF PREVIOUS MEETINGWHAT ARE MAJOR ISSUES?

RECAP OF PREVIOUS MEETINGWHAT SHOULD BE DONE?

RECAP OF PREVIOUS MEETINGWHAT SHOULD BE DONE?

RECAP OF PREVIOUS MEETINGWHAT ARE THE MAJOR ISSUES?SUMMARY OF GROUP DISCUSSION1. Define entertainment2. One size does not fit all3. Simplify definitions4. Aligned with 70/30 by state5. Any establishment w/food and beverage thathas entertainment6. Have no distance requirement7. Let It Be

RECAP OF PREVIOUS MEETINGWHAT SHOULD BE DONE?SUMMARY OF GROUP DISCUSSION1. Clarity2. Separation by size3. No need to separate restaurant from bars andnightclubs4. Uniform w/code with ALE5. Follow existing regulations6. Have broad ability of entertainment7. State alcohol/food ratio

STAFF IDENTIFIEDCOMMON THEMES FROM GROUPDISCUSSION SUMMARY1. Concerns With Definitions2. One Size Does Not Fit All3. Size Does Matter4. Allow Entertainment In Restaurants5. Use Alcohol Beverage Commission Definitions6. Require/Do Not Require Separation From Residential7. Enforce Current Regulations8. Have Additional Permitting Requirements - (Ex. For LateHours, Size)

OPINION SURVEY

We are interested in your opinions!WHY ARE WE DOING THIS• Purpose is to get a sense of the group as tocategories of regulations and possible types ofregulatory standards that may be included forrestaurants, nightclubs, bars and lounges.• This is not intended to be a vote but an expressionof your opinion on specific topics.• Staff will consider these opinions along with otherresearch in drafting recommendations to bepresented at future meetings.

Opinion Key PadEnter your response on the key pad.1 - YES2 - NOYour last enteredresponse will beyour recordedopinion.

What’s the Major Issue or Concern?RESTAURANTS1. Should Restaurantshave a unique andseparate definitionfrom Nightclubs, Bars,and Lounges?2. Should the definitionfor Restaurants be thesame as the State ABC?3. Should the definitionfor Restaurant includethe word“Entertainment”?DefinitionsNIGHTCLUBS, BARS & LOUNGES4. Should there be aseparate definition for aNightclub, a Bar, and aLounge?5. Should the definition forNightclubs, Bars, andLounges include the word“Entertainment”?6. Should the word“Entertainment” bedefined?

Opinion Key PadEnter your response on the key pad.1 - YES2 - NOYour last enteredresponse will beyour recordedopinion.

OPINION SURVEYShould Restaurants have a unique and separatedefinition from Nightclubs, Bars, and Lounges?A. YesB. No

OPINION SURVEYShould the definition for Restaurants be thesame as the State ABC?A. YesB. No

OPINION SURVEYShould the definition for Restaurants include theword “Entertainment”?A. YesB. No

OPINION SURVEYShould there be a separate definition for aNightclub, a Bar, and a Lounge?A. YesB. No

OPINION SURVEYShould the definition for Nightclubs, Bars, andLounges include the word “Entertainment”?A. YesB. No

OPINION SURVEYShould the word “Entertainment” be defined?A. YesB. No

What’s the Major Issue or Concern?RESTAURANTS1. Should a restaurantthat has noentertainment have aseparation requirementif it abuts a residentialzoning district?2. Should a restauranthave a separationrequirement if it abutsa residential zoningdistrict and it includes“entertainment”?SeparationNIGHTCLUBS, BARS & LOUNGES3. Should a N-B-L have aseparation requirementif it abuts a residentialzoning district?4. Should N-B-L located inurban districts orunique locations havedifferent separationrequirements?

OPINION SURVEYShould a restaurant that has no entertainmenthave a separation requirement if it abuts aresidential zoning district?A. YesB. No

OPINION SURVEYShould a restaurant have a separationrequirement if it abuts a residential zoningdistrict and it includes “entertainment”?A. YesB. No

OPINION SURVEYShould a N-B-L have a separation requirement ifit abuts a residential zoning district?A. YesB. No

OPINION SURVEYShould N-B-L located in urban districts orunique locations have different separationrequirements?A. YesB. No

What distance should a restaurant with“Entertainment” be located from a residentialuse?A. No distanceRequirementB. 100 feetC. 150 feetD. 200 feetE. 250 feetF. Greater than 250 feet

OPINION SURVEYWhat distance should a Nightclub be locatedfrom a residential use?A. No distanceRequirementB. 100 feetC. 150 feetD. 200 feetE. 250 feetF. Greater than 250 feet

OPINION SURVEYWhat distance should a Bar or Lounge be locatedfrom a residential use?A. No distanceRequirementB. 100 feetC. 150 feetD. 200 feetE. 250 feetF. Greater than 250 feet

What’s the Major Issue or Concern?RESTAURANTS1. Should anyrequirements forRestaurants withentertainment beestablished accordingto the size of theestablishment?SizeNIGHTCLUBS, BARS & LOUNGES2. Should anyrequirements for N-B-Lbe establishedaccording to the size ofthe establishment?

OPINION SURVEYShould any requirements for Restaurants withentertainment be established according to thesize of the establishment?A. YesB. No

OPINION SURVEYShould any requirement for N-B-L be establishedaccording to the size of the establishment?A. YesB. No

What’s the Major Issue or Concern?RESTAURANTS1. Should hours ofoperation be regulatedfor Restaurantsw/entertainment?Hours of OperationNIGHTCLUBS, BARS & LOUNGES2. Should hours ofoperation be regulatedfor N-B-L?

OPINION SURVEYShould hours of operation be regulated forRestaurants w/entertainment?A. YesB. No

OPINION SURVEYShould hours of operation be regulated forN-B-L?A. YesB. No

RESTAURANTS1. Should special zoningdistricts be developedto allow Restaurantsw/entertainment?What’s the Major Issue or Concern?Zoning DistrictsNIGHTCLUBS, BARS & LOUNGES2. Should special zoningdistricts be developedto allow N-B-L?

OPINION SURVEYShould special zoning districts be developed toallow Restaurants w/entertainment?A. YesB. No

OPINION SURVEYShould special zoning districts be developed toallow N-B-L?A. YesB. No

NEXT STEPS• Wrap-up and Next Steps– Next meeting will be held onMarch 21, 2013

MORE INFORMATIONPlease visit our website atcharlotteplanning.org• Agendas• Updates• PowerPoint Presentations• Minutes

FIRE DEPARTMENTPurpose to inspect for emergency exits, fire extinguishers161 Restaurant162 Nightclub163 Taverns (not used, included in 162)• Those specializing in the sale of alcoholic beverages, consumed primarilyon the premises, with food as a minor supplement only.* For the purpose of the NC Building and Fire codes, bars and restaurantsare considered Assembly (A-2) occupancies. 99 patrons or less consideredBusiness Occupancy

HEALTH DEPARTMENTPurpose to inspect to eliminate foodborne diseases.Restaurant• Serves food or drink to the public for payNightclub• Includes restaurant requirement if serving food• Also inspect if beverage utensils are to bewashed

AlCOHOL BEVERAGE COMMISSIONCMPDPurpose to provide uniform control over the sale,purchase, transportation, manufacturing, consumptionand possession of alc0hol beverages in the state.Restaurant• Primarily purpose is to sell food. Percentage of $$ is30% food sales and 70% alcohol salesNightclub• Food sale is less than 30%.• Dance Hall permit required to stay open pass 2 amuntil 4 am.

AGENCIES REQUIREMENTSRESTAURANTAGENCY DEFINITION PERMIT REQ SPECIAL REQMTSABC/CMPD √ √ √FIRE √ √ √HEALTH √ √BUILDING√ZONING √ √NIGHTCLUBAGENCY DEFINITION PERMIT REQ SPECIAL REQMTSABC/CMPD √ √ √FIRE √ √ √HEALTH* DishesBUILDING √ *OccupancyZONING √ √ √