§ 13-51. Applicability

(a) The provisions of this article shall apply to all new establishments where food or beverages are served which are proposed. The provisions of this article shall not apply to existing uses, even when they undergo a change of ownership, unless one (1) or more of the conditions described in subsection (b) are met.

(b) The provisions of this article shall apply, as appropriate, to any existing use where food or beverages are served under the following circumstances:

(1) A change of operational characteristics that includes one (1) or more of the following items:

a. An extension of the hours of operation for customer service between 11 p.m. and 6 a.m., if the establishment is within two hundred (200) feet of residentially-zoned property.

b. The introduction of the sale of alcoholic beverages for on-site consumption between 11 p.m. and 2 a.m.

c. The introduction of live entertainment or dancing, or the cumulative expansion of one hundred (100) square feet or more of the area devoted to dancing during the lifetime of the establishment.

d. The introduction of drive-through operations or the expansion of the existing drive-through operations.

e. Alterations resulting in a cumulative increase of one hundred (100) square feet or more in the floor area devoted to customer service, e.g., food and/or beverage service or entertainment, during the lifetime of the establishment.

f. A change from any type of alcoholic beverage control license to any of the following alcoholic beverage control license types: 40 (on-sale beer); 42 (on-sale beer and wine for public premises), 48 (on-sale general for public premises); or 61 (on-sale beer for public premises) provided that the establishment is open for customer service anytime between the hours of 11 p.m. and 2 a.m.

(2) A cumulative expansion of one hundred (100) square feet or more of the gross floor area during the lifetime of the establishment.

(3) Discretionary review by the final review authority shall be limited to the change in operational characteristics or the expansion in the area devoted to customer service.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 00-4, § 1, 2-22-00)