On motion of Ms. Lee-Sheng, seconded by Mr. the following ordinance was
offered:
SUMMARY NO. 24197 ORDINANCE NO.
An ordinance to amend Chapter 4, Alcoholic Beverages, Chapter 20
Offenses and Miscellaneous Provisions, and Chapter 33 Unified
Development Code of the Code of Ordinances to allow Fat City
businesses that have an alcoholic beverage permit and provide food
services or arts, entertainment, or recreation services to have extended
hours of operation subject to the prohibition on selling, dispensing, or
consuming alcoholic beverages during certain hours. (Council District 5)
WHEREAS, the Council adopted Resolution No. 122870 on May 14, 2014,
which authorized the Planning Department and the Planning Advisory Board to
evaluate and recommend amendments to regulations for land uses including, but not
limited to, food service businesses that have alcoholic beverage permits in the Fat City
zoning districts (FC-1, FC-2, and FC-2); and
WHEREAS, in furtherance of adopted strategic planning goals aimed at
promoting the redevelopment of Fat City, zoning regulations adopted in 2010 restricted
hours of operation for the selling, dispensing, or consuming of alcoholic beverages;
and
WHEREAS, bars and restaurants must close at midnight on weekdays and 1:00
a.m. on weekends, and retail stores must stop selling alcoholic beverages at these
times but can stay open for extended hours; and
WHEREAS, restaurants and uses such as theaters and other entertainment
venues that could have alcoholic beverage permits are similar to general retail stores in
that they offer products or services beyond alcoholic beverages; and
WHEREAS, allowing restaurants and other entertainment venues with alcoholic
beverage permits to stay open beyond midnight on weekdays and 1:00 a.m. on
weekends subject to the prohibition on selling, dispensing, or consuming alcoholic
beverages would make them consistent with retail stores; and
WHEREAS, providing extended hours of operation for restaurants and
entertainment venues to promote late-night activity is consistent with the goals to
encourage a vibrant, mixed-use Fat City; and
WHEREAS, other communities, such as Baton Rouge, provide flexibility in
standards for hours of operation for land uses including, but not limited to, restaurants
that desire to remain open for food and food items only during periods when the sale,
distribution, and consumption of alcoholic beverages is prohibited; and
WHEREAS, these amendments also promote both public safety and the
economic success of Fat City by: (1) retaining existing hours of operation for the
selling, dispensing, or consuming of alcoholic beverages for all businesses with such
permits, (2) providing extended hours of operation so restaurants and entertainment
venues can stay open as long as they cease selling, dispensing or consuming alcoholic
beverages, (3) clarifying language for hours of operation, and (4) improving code
organization and comprehension; and
WHEREAS, a public hearing was held by the Planning Advisory Board under
Docket No. TXT-2-15 in accordance with law.
NOW, THEREFORE,
THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That Chapter 4, Alcoholic Beverages, of the Jefferson Parish Code
of Ordinances, specifically that Article II. Dealer Permits, Section 4-32. – Acts
prohibited on retail dealer’s premises; cause for suspension or revocation, is hereby
amended to add numbers (22) and (23) to include references in Chapters 20 and 33 of
the Code to regulations for alcoholic beverages in Fat City, to read as follows:
Sec. 4-32. - Acts prohibited on retail dealer's premises; cause for
suspension or revocation.
No holder of a retail dealer's permit issued under the provisions of this chapter,
or any servant, agent, employee or subcontractor of the permittee, shall do any
of the following upon the licensed premises:
*
*
*
(22) Fail to post regulations that prohibit any person to drink from or carry any
opened container; the contents of which are liquids having any alcoholic
content of any amount in or on any public streets, sidewalks, squares or
unenclosed places in the Fat City area in violation of Article VI of Chapter
20.
(23) Sell, dispense, or provide for the consumption of alcoholic beverages in
Fat City during prohibited hours in violation of Article 3 of Chapter 33.
SECTION II. That Chapter 20, Offenses and Miscellaneous Provisions, of the
Jefferson Parish Code of Ordinances, specifically that Article VI. Offenses Against
Public Safety, Section 20-119 - Open glass and metal containers in Fat City, is hereby
amended to add letter (d) to provide a reference in Chapters 4 and 33 of the Code to
regulations for alcoholic beverages in Fat City, to read as follows:
*
*
*
(c) Posting of regulations. Each owner of every establishment selling
beverages in glass or metal containers in the Fat City area, shall post two
(2) copies of this section in his establishment.
(d) Additional standards. These regulations shall apply in addition to
provisions for alcoholic beverages in Fat City established in both
Chapters 4 and 33 of this Code.
SECTION III. That Chapter 33 Unified Development Code of the Jefferson
Parish Code of Ordinances, more particularly Article 3. Zoning, Section 33-3.5. –
Zoning district regulations. (a) Pedestrian-Core District (FC-1) is hereby amended to
clarify hours of operation standards for bars, accessory bars, and other land uses that
sell alcoholic beverages including, but not limited to, restaurants, and to renumber the
section, including figure numbers, as appropriate, to read as follows:
*
*
*
(3)
Supplemental use regulations.
*
*
*
e.
Bars and holding bars shall be allowed as accessory uses to a hotel or
restaurant, provided the following standards are met:
*
*
*
3.
Hours of operation.
i.
An accessory or holding bar to a hotel shall not be open
between the hours of 12:00 a.m. (midnight) and 11:00 a.m.,
except that on Friday and Saturday nights it may remain
open until 1:00 a.m. on Saturday and Sunday mornings
(See Figure 33-3.5(a)-1). By special event permit issued by
the council, a bar may be allowed to operate for not more
than one (1) additional hour each day. Such bars may not
be open when the primary use is not in operation. The
sheriff's office shall enforce hours of operation.
Figure 33-3.5(a)-1. Accessory or holding bar to a hotel or a nonconforming bar.
Hours of Operation
Weekday
12 AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Period when alcoholic beverages shall not be sold, consumed, or dispensed
Period when alcoholic beverages may be sold, consumed, and dispensed
ii.
f.
Restaurants that contain a holding or accessory bar shall
comply with the standards for hours of operation for food
services in section 33.3.5(a)(3)(h).
*
*
*
Stand-alone bars or drinking places and drive-through alcoholic beverage
service are prohibited and existing stand-alone bars or nightclubs are
considered nonconforming. Nonconforming bars shall comply with the
following standards:
1.
Hours of operation. Except as authorized by the council through a
special event permit, the bar shall not be open between the hours
of 12:00 a.m. (midnight) and 11:00 a.m., except that on Friday and
Saturday nights bars and holding bars may remain open until 1:00
a.m. on Saturday and Sunday mornings (See Figure 33-3.5(a)-1).
By special event permit a bar may be allowed to operate for not
more than one (1) additional hour each day. The sheriff's office
shall enforce hours of operation.
*
*
*
g.
A business that conducts retail sales or services (see Table 33-3.4-1
LBCS function codes 2100 et seq.) shall not sell beer or other alcoholic
beverages between the hours of 12:00 a.m. (midnight) and 7:00 a.m.,
except that on Friday and Saturday nights a business may sell alcoholic
beverages until 1:00 a.m. on Saturday and Sunday mornings (See Figure
33-3.5(a)-2). The sheriff's office shall enforce hours of operation. Failure
to comply with hours of operation or the commission of acts listed in
Chapter 4 of this Code shall be grounds for revocation of an alcoholic
beverage permit in accordance with Chapter 4 of this Code.
Figure 33-3.5(a)-2. Businesses conducting retail sales or services.
Hours of Operation
Weekday
12 AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Period when alcoholic beverages shall not be sold, consumed, or dispensed
Period when alcoholic beverages may be sold, consumed, and dispensed
h.
A business that has an alcoholic beverage permit and provides food
services (see Table 33-3.4-1 LBCS function codes 2500 et seq.,
excluding a bar or drinking place and a drive-through alcoholic beverage
service which are subject to the provisions established in section 333.5(a) of this chapter) or provides arts, entertainment, or recreation
services (see Table 33-3.4-1 LBCS function codes 5000 et seq.,) shall
comply with the following standards:
1.
Hours of operation.
i.
No sale or dispensing of alcoholic beverages shall be
allowed between the hours of 11:30 p.m. and 7:00 a.m.,
except that on Friday and Saturday nights alcoholic
beverages may be sold or dispensed until 12:30 a.m. on
Saturday and Sunday mornings (See Figure 33-3.5(a)-3).;
ii.
No sale, dispensing, or consumption of alcoholic beverages
shall be allowed between 12:00 a.m. (midnight) and 7:00
a.m., except that on Friday and Saturday nights the
consumption of alcoholic beverages shall be allowed until
1:00 a.m. on Saturday and Sunday mornings (See Figure
33-3.5(a)-3);
Figure 33-3.5(a)-3. Businesses that have an alcoholic beverage permit and
provide food services or arts, entertainment, and recreation
services.
Weekday
12 AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Period when only the consumption of alcoholic beverages is allowed
Period when alcoholic beverages shall not be sold, consumed, or dispensed
Period when alcoholic beverages may be sold, consumed, and dispensed
iii.
iv.
A business which uses a separate room from the restaurant
section as an accessory bar must keep the separate room
locked during the period when alcoholic beverages shall not
be sold, consumed, or dispensed; and
No opened or sealed containers containing alcoholic
beverages shall be sold, consumed, or dispensed anywhere
on the licensed premises or property, including parking lots
and other outdoor spaces, during the period when alcoholic
beverages shall not be sold, consumed, or dispensed.
2.
Enforcement. The sheriff's office shall enforce hours of operation.
Failure to comply with hours of operation or the commission of acts
listed in Chapter 4 of this Code shall be grounds for revocation of
an alcoholic beverage permit in accordance with Chapter 4 of this
Code.
i.
Not more than two (2) service vehicles shall be parked in a required
parking space at any time. All vehicles parked or stored on-site shall be
operational and have current registration and licensing.
j.
Accessory or support buildings and structures customarily incidental to
the primary use shall be allowed on the same lot as the primary use,
provided that the support building or structure is used or operated by the
owner or a tenant in the principle structure, and that the structure or
building complies with the standards established in section 33-3.6 of this
UDC and Chapter 40 of this Code.
k.
Parking, whether a primary use or accessory use, shall not access 18th
Street. Access via any street intersecting 18th Street shall be located at
least fifty (50) feet from the 18th Street right-of-way (see Figure 33-3.5(a)4). A single driveway shall be granted by the planning director for interior
lots along 18th street if the LURTC finds that all of the following
conditions have been met:
1.
The driveway is part of a development that requires site plan
approval;
2.
Site constraints preclude access to the parking structure or rear
parking area from side streets;
3.
The applicant provides rear access connections to abutting
parking areas and shall grant common access through the
driveway from 18th St. and across the parking areas of the site.
The common access shall be secured by a common access
servitude shown on the site plan or shared access agreement
recorded with the site plan;
4.
Not more than one (1) other driveway has been approved along
the same block face since adoption of these regulations; and
5.
The driveway:
i.
does not exceed twenty (20) feet in width;
ii.
provides access to a parking structure or the rear of the site;
and
iii.
shall be located at least fifty (50) feet from the projected
intersection of curb lines of any street intersection.
Figure 33-3.5(a)-4: Driveway or Garage Separation from 18th Street
l.
m.
Mixed use buildings shall comply with the standards established in
section 33-3.6(a).
Club for the purposes of the FC-1 zoning district shall mean buildings and
facilities owned and operated by a corporation, association, person or
persons for social, educational or recreational purpose, but not for profit,
or not to render a service that is normally carried on as a business or that
excludes minors. Clubs shall not provide services that are the functional
equivalent of adult uses or stand-alone bars. Clubs that provide food and
alcoholic beverages to members shall operate subject to the same FC-1
and FC-3 zoning district requirements as restaurants with accessory bars
that are open to the public.
n.
Theaters shall comply with the following standards:
1.
Prohibition. Theaters shall not function as adult uses as defined in
Chapter 40 of this Code; however, nothing contained in these
regulations shall be construed to limit the exhibition, presentation,
showing or performance of any play, ballet, drama, or motion
picture in any theater, which is primarily devoted to such
exhibitions, presentations, show or performances as a form of
expression of opinion, communication, speech, ideas, information,
drama, or art, as differentiated from commercial or business
advertising, promotion or exploitation of nudity or obscene live
conduct for the purpose of advertising, promoting, selling or
serving products or services or otherwise advancing the economic
welfare of a commercial business or business enterprise such as a
hotel, motel, bar, nightclub, restaurant, tavern or dance hall.
2.
Capacity. Theaters shall be limited to a maximum total capacity of
two hundred (200) persons and to a single-screen for motion
picture films.
3.
Accessory uses.
i.
Food services. The sale of food and beverages for
consumption on the premises shall be allowed.
ii.
Alcoholic beverages. Holding bars shall be allowed,
provided the bar meets the regulations for size and external
entrance in section 33.3.5(a)(3)(e) and meets the
regulations for hours of operation for food services in
section 33.3.5(a)(3)(h).
iii.
Fine and performing arts education. Fine and performing
arts education shall be allowed provided class size does not
exceed fifteen (15) students and no more than two (2)
classes are conducted simultaneously.
4.
Nuisances.
i.
All doors and windows shall be closed while a performance
or presentation is in progress.
ii.
Unless the parish council issues a special event permit, the
production of music shall not be allowed outside the theater
building.
iii.
Theaters shall comply with provisions for litter control and
soundproofing as provided in section 33-3.5(a)(3)(e).
*
*
*
(6)
Openings.
*
*
*
c.
Calculations for openings and window transparency shall be
independently computed for and applied to each street-facing building
façade and shall not include building façades that are both visible from
and perpendicular to a street (See Figure 33-3.5(a)-5).
*
*
*
Figure 33-3.5(a)-5: Street Facing Building Facades
*
*
*
SECTION IV. That Chapter 33 Unified Development Code of the Jefferson
Parish Code of Ordinances, more particularly Article 3. Zoning, Section 33-3.5. –
Zoning district regulations. (b) Residential Mixed Use District (FC-2), (3) Supplemental
use regulations, is hereby amended to delete a specific regulation for land uses that
sell alcoholic beverages and replace it with a general reference to applicable hours of
operation standards in the FC-1 district.
*
*
*
f.
Any use, including retail sales, food services, or arts, entertainment and
recreation services, that sells, dispenses, or provides for the consumption
of alcoholic beverages shall comply with the applicable provisions
established for the FC-1 district in section 33-3.5(a) of this chapter.
SECTION V. That Chapter 33 Unified Development Code of the Jefferson
Parish Code of Ordinances, more particularly Article 3. Zoning, Section 33-3.5. –
Zoning district regulations. (c) Commercial Mixed-Use District (FC-3), (3) Supplemental
use regulations, is hereby amended to (1) delete a reference in letter (d) to the FC-1
zoning district provisions for adult land uses and replace it with a reference to FC-1
zoning district regulations for land uses that sell alcoholic beverages in Fat City, and to
(2) reduce regulatory redundancy when standards are identical or nearly identical to
the FC-1 zoning district regulations; i.e. delete existing letters (k) and (l), renumber
existing letters (m) through (p), and change language in proposed letters (l) and (n), to
read as follows:
*
*
*
d.
Any use including retail sales, food services, or arts, entertainment and
recreation services, that sells, dispenses, or provides for the consumption
of alcoholic beverages shall comply with the applicable provisions
established for the FC-1 district in section 33-3.5(a) of this chapter.
*
*
*
j.
Drive-through restaurants shall be limited to sites having direct access to
West Esplanade Avenue or Severn Avenue.
k.
Public utility structures shall comply with the provisions of section 40-748.
Regulations for public utility structures, and the provisions of this chapter.
For the purpose of compliance, the FC-3 shall be considered more
restrictive than the BC-2 Business Core District. When the provisions of
section 40-748 and the provisions of this chapter are in conflict, the more
restrictive shall apply.
l.
Club for the purposes of the FC-3 zoning district shall be defined and
subject to the requirements of the FC-1 district established in section 333.5(a) of this UDC.
m.
Within the FC-3 district, existing residential structures may be maintained,
improved or expanded by up to twenty (20) percent of floor area.
n.
Theaters shall be subject to the requirements of the FC-1 district
established in section 33-3.5(a) of this UDC for theaters; however,
standards limiting their capacity and class size for fine and performing
arts education shall not apply in the FC-3 district.
SECTION VI.
That the Municipal Code Corporation correct any crossreferences within the code that are affected by this ordinance.
This ordinance having been submitted to a vote, the vote thereon was as
follows:
YEAS: NAYS: ABSENT:
This ordinance was declared to be adopted on the 11th day of February 2015, and shall
become effective as follows, if signed forthwith by the Parish President, ten (10) days
after adoption; thereafter, upon the signature by the Parish President, or, if not signed
by the Parish President, upon expiration of the time for ordinances to be considered
finally adopted without the signature of the Parish President, as provided in Section
2.07 of the Charter. If vetoed by the Parish President and subsequently approved by
the Council, this ordinance shall become effective on the day of such approval.