073 of 2009 - Exempting social clubs, taverns, brewpubs & microbreweries from certain City spacing regulations 0 09-1
0 09-40
Ordinance No. 73 of 2009
(Amending Section 6.08.084 and Section 6.08.120, Salt Lake City Code, pertaining to
spacing restrictions of certain alcohol establishments.)
An ordinance amending Section 6.08.084, Salt Lake City Code, pertaining to spacing of
brewpubs and microbreweries, exempting those located within both liquor District A and
a D-1, D-2, D-3 or D-4 zone from the requirement that only one brewpub or
microbrewery may be located on either side of a major street; and amending Section
6.08.120, Salt Lake City Code, setting forth location restrictions for class C beer licenses
and class B and C private club licenses, to eliminate spacing restrictions between licensed
establishments that are within both liquor District A and a D-1, D-2, D-3 or D4 zone.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City,
Utah, as follows:
SECTION 1. That Section 6.080120, Salt Lake City Code, be amended as
follows:
6.08.084: BREWPUBS AND MICROBREWERIES; LOCATION:
A. Brewpubs and microbreweries shall be located so as to front on a major street or be
within a building the main entrance of which building fronts on a major street. This
provision may be waived or modified in the same manner as for class C and class B
private club licenses.
B. Only one brewpub or microbrewery may be located on either side of a major street
between the intersections of two (2) major streets. This restriction does not apply to
brewpubs or microbreweries located within a D-1, D-2, D-3 or D-4 zone within liquor
District A, as described in Section 6.08.120(A).
6.08.120: LOCATION RESTRICTIONS:
A. Permissible Locations: The permissible locations of establishments licensed with
either a class C beer license, a class B or C private club license, or a temporary class C
beer license or a temporary class B or C private club license, or any combination thereof,
shall be determined by geographical proximity, based upon the following criteria:
1. a. District A: There shall be no more than two (2) licensed establishments located on
any linear block. A "linear block" means both sides of a major street between two (2)
intersecting major streets. For the purposes of this section, a corner establishment having
abutting front footage on two (2) major streets shall be included in the linear block in
which the establishment has the greatest number of front footage abutting the major
street, or, if such abutting footage is equal, then the address originally filed with the city
shall determine in which linear block the establishment shall be located. This restriction
does not apply to establishments located within District A and within a D-1, D-2, D-3 or
D-4 zones.b. District B: No licensed establishment shall be located within six hundred
feet (600') of another licensed establishment as measured from the nearest point on the
property line of one establishment to the nearest point on the property line of the other
establishment.
c. District C: No licensed establishment shall be located within two thousand feet (2,000')
of another licensed establishment as measured from the nearest point on the property line
of one establishment to the nearest point on the property line of the other establishment.
2. Major Streets: All major streets and districts will be those designated on official city
map 19372, a copy of which shall be on file in the office of the city recorder. All such
establishments holding a class C beer or a class B or C private club license must be
located so as to front on a major street or be within a building whose main entrance fronts
on a major street.
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B. Proximity To Park, School Or Church: No class C beer establishment and no class B
or C nonprofit club may be licensed or operate under the provisions of this code which is
in close proximity to a public park, public elementary,junior high or high school, or a
church, without having first received approval from the mayor or the mayor's designee.
Such approval shall be given only after:
1. The mayor or the mayor's designee has received recommendations regarding such an
establishment from the planning division and the city police department; and
2. A public hearing has been held, with actual written notice having been given, where
applicable, to the director of the public services, to the school superintendent or to the
church, and with notice having been given to the city and the residents thereof by at least
one publication in a paper of general circulation in Salt Lake County at least ten (10) days
before the hearing, in each case stating the purpose, time, date and location of such
hearing; and
3. A finding by the mayor or the mayor's designee that the proposed location will not
materially interfere with the activities and functions of such parks or school, or interfere
with church worship or church related activities. For the purposes of this section, a public
park or public elementary,junior high or high school or church which is located six
hundred (600) or more feet from the proposed establishment shall not be considered to be
in close proximity to such establishment and no notices or hearings need be given or held
prior to the granting of a class C beer license or class B or C private club license. With
respect to the six hundred foot (600') limitation, it shall be measured from the nearest
entrance of the proposed establishment by following the shortest route of either ordinary
pedestrian traffic, or, where applicable, vehicular travel along public thoroughfares,
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whichever is the closer, to the property boundary of the public school, church, public
park.
4. The applicant shall pay an additional sum of sixty dollars ($60.00) to cover the cost of
advertising the hearing. The fee shall be paid before such hearing shall be set or
advertised.
5. A legally existing class F beer/brewpub, class F beer/microbrewery, class B private
club, class C beer/tavern license, as defined in this chapter, 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 the
subsequent location of a school, church or park within the spacing requirements. The
subsequent location of a school, church or park within the spacing requirements of a
brewpub, microbrewery, tavern or private club shall be deemed to be a waiver of spacing
requirements as specified under city ordinances.
C. Exceptions: Class C beer establishments or class B or C private clubs may be allowed
on streets other than those outlined in subsection A of this section, and may be allowed
within the interior of a block, upon receiving approval from the mayor or the mayor's
designee. Such approval shall be given only:
1. After the mayor or the mayor's designee has received recommendations from the
planning division and the city police department; and
2. If the street is at least sixty feet (60') in width, or if, within the interior of the block, the
entrance to the establishment is from a courtyard or mall like area with paved vehicular
access and proper lighting; and
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3. If the addition of such requested establishment would not cause the number of such
licensed establishments to exceed nine (9) on the exterior and interior of any block, as
defined in subsection Ala of this section. The foregoing notwithstanding, no more than
two (2) such establishments may be located on any street located in the interior of any
such block, and no more than three (3) such establishments may be located within the
interior of any such block. This restriction does not apply to establishments located
within District A and within a D-1, D-2, D-3 or D-4 zones;
4. After a public hearing has been held, with actual written notice thereof having been
given to the abutting property owners, and public notice thereof having been given to the
residents of the city by at least one publication in a paper of general circulation in the Salt
Lake County at least ten (10) days before the hearing, in each case stating the purpose,
time, date and location of such hearing; and
5. A finding by the mayor or the mayor's designee, after the holding of such hearing, that
the proposed location for said establishment will not:
a. Create an undue concentration of class C beer establishments or class B or C private
clubs;
b. Materially interfere with the free flow of pedestrian or vehicular traffic;
c. Create an undue burden in controlling and policing illegal activities in the vicinity;
d. Create a nuisance to the community; or
e. Adversely affect the health, safety and morals of the residents of the city.
D. Prior Location: The provisions of this section shall in no way affect the rights of the
present licensees to continue their operations, so long as their licenses remain in good
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standing, and they continue to have their licenses reissued as provided by law until
revoked or terminated for any reason.
E. Zoning Restrictions: Notwithstanding any of the provisions of subsection A of this
section, all such class C beer or class B or C private club establishments must be located
within commercial C-3 districts or less restrictive zoning districts or in an R-D district as
an attendant use in a conference center.
SECTION 2. This ordinance shall become effective upon first publication.
Passed by the City Council of Salt Lake City, Utah this grh day of
December , 2009.
AIRPER
ATTEST:
Transmitted to Mayor on December 9, 2009 .
Mayor's Action: }l Approved. Vetoed.
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Bill No. 73 of 2009. `r` "`Ri`;`'•'4f �`
Published: December 14, 2009• RAM
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APPROVED AS TO FORM
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