023 of 2018 - Amending various sections of Title 21A of the Sale Lake City Code pertaining to alcohol regulation 0 18-1
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SALT LAKE CITY ORDNANCE
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.
PLNPCM20 1 7-0063 1)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 2l A.26.060. That
Subsection 21A.26.060.H(Zoning:Commercial Districts:CSHBD Sugar House Business
District(CSIIBD I and CSHBD2)First Floor/Street Level Requirements)of the Salt Lake City
Code shall he,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.
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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;
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(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(I/2) acre in contiguous area.
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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:
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Permitted And Conditional Uses By District
FR-1/ FR-2/ FR-3/ R-1/ R-1/ R-1/ RMF-RMF- RMF- RMF- R-MU- R-MU-
Use 43,560 21,780 12,000 12,000 7,000 5,000 SR-1 SR-2 SR-3 R-2 ! 30 35 45 75 RB 35 45J R-MU RO 1
=—Alcohol,bar : — — — 'C� C9 C' C
establishment li
(2,500 square I
I feet or less in
floor area)
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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:
Permitted And Conditional Uses By District
Use CN CB CSC CC CSHBD' CG SNB
Alcohol:
Brewpub(2,500 square feet or Cl°,u pi° pm plo plo
less in floor area)
Brewpub(more than 2,500 p10 Clo p10 p10
square feet in floor area)
Distillery P16
Bar establishment_(2,500 square C1°,11 Cl°,u pl° p10 p10 p10
feet or less in floor area)
Bar establishment_(more than pl° C1° plo plo
2,500 square feet in floor area)
Tavern(2,500 square feet or less 0,11 p10 p10 p10 p10
in floor area)
Tavern(more than 2,500 square plo C1° plo plo
feet in floor area)
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:
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Permitted And Conditional Uses By
District
TSA- TSA- TSA- TSA-
UC UN MUEC SP
❑ ❑ a c
0 0 0 0
C
c U c V U
L L L L
Use E.. H F''
Alcohol:
Brewpub (2,500 square feet or less in PP P P P P P P
floor area)
Brewpub (more than 2,500 square feet P CPC P C PC
in floor area)
Distillery P C P C P P P C
Bar establishment (2,500 square feet or P PPP P P P P
less in floor area)
Bar establishment (more than 2,500 P CPC P C PC
square feet in floor area)
Tavern (2,500 square feet or less in PPPP P P PP
floor area)
Tavern (more than 2,500 square feet in P CPC P C PC
floor area)
Winery P CPC P P P P
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:
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Permitted And Conditional Uses By District
Use M-1 M-2
Bar establishment C6'1° C6,10
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:
Permitted And Conditional
Uses By District
Use D-1 D-2 D-3 D-4
Alcohol:
Brewpub (indoor) P6 P6 P6 P6
Brewpub (outdoor) P6 P6 P6 P6
Bar establishment (indoor) P6 C6 C6 P6
Bar establishment (outdoor) P6 C6 C6 P6
Tavern (indoor) P6 C6 C6 P6
Tavern (outdoor) P6 C6 C6 P6
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:
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Use G-MU
Alcohol:
Brewpub (indoor) P2
Brewpub (outdoor) P2,5
Bar establishment (indoor) P2
Bar establishment (outdoor) P2,5
Tavern (indoor) P2
Tavern (outdoor) P2,5
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:
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Permitted And Conditional Uses By District
Use RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU
Alcohol:
Brewpub(2,500 square feet or less in P12 C12
floor area)
Brewpub(more than 2,500 square P12
feet in floor area)
Bar establishment(2,500 square feet C12
or less in floor area)
Tavern(2,500 square feet or less in C12
floor area)
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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:
Permitted Uses By District
Use �ii FB-UN1 FB-UN2 FB-SC FB-SE
1 Bar establishment1, P P � C
SECTION 11. Amending the Text of Salt Luke City Code Subsection 2l A.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
21 A.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:
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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 REQUIREMENTS'
Restaurants,taverns and bar ,i 2 spaces per 1,000 square feet of usable floor
establishments area
SECTION 13. Amending text of Salt Lake City Code Section 21A.60.020. That Section
21A.60.020 of the Soli Lake Cih'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).
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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".
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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)".
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h. Adding a definition of the term"Alcohol,bar establishment". That Section
21 A.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 he inserted in
alphabetical order and shall read as follows:
ALCOHOL,BAR ESTABLISHMENT(OUTDOOR):See definition of Alcohol,Bar
Establishment.
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1. 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 tables)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,orb)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.
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Passed by the City Council of Salt Lake City, Utah this 12th day of
June , 2018.
.00,0 141140. •
.'••ERSON
AT `(*: n� tr :
- efft
ITY RECORDER +vkt.++r‘
Transmitted to Mayor on June 14, 2018
Mayor's Action: )C._ Approved. Vetoed.
M YOR
•
CITY RECORDER
(SEAL) APPROVED AS TO FORM
Salt Lake City Attorneys Office
Bill No. 23 of 2018. Date: Vl4 ,p k !,2e 18
Published: June 21, 2018.
HB_ATTY-#671 17-v2-Ordinance_amending_alcohol_regulations.docx By:
P it C.Niels ,Senior r y orney
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