Fiscal Note
No City appropriation required.
Title
Amending various sections of Chapter 28 of the Madison General Ordinances to modify restaurant and alcohol-related uses in zoning code.
Body
DRAFTER’S ANALYSIS: This proposal impacts restaurant and alcohol-related uses in the zoning code, MGO Chapter 28. There is no change to the role of the Alcohol Licensing Review Committee (“ALRC”). The following changes are proposed:
· Currently, Restaurant-Nightclub and Restaurant-Taverns are separate uses from Restaurant depending on if they hold an entertainment license under MGO Sec. 38.06(11) or serve alcohol. Restaurant-Nightclub and Restaurant-Taverns are eliminated and will be absorbed under the term Restaurant.
· The definition of Restaurant is amended so that it may include the sale of fermented malt beverages or intoxicating liquors for consumption upon the premises.
· A supplemental regulation for Restaurant is added so that a maximum occupancy based on the number of seats, plus staff plus a reasonable number of people waiting for seats, is maintained for restaurants that serve alcohol.
· “Nightclub” is eliminated as a separate use category in the zoning-code and absorbed into the existing uses of “tavern” and “concert hall.”
In 2014, Nightclubs and Restaurant-Nightclubs were created as uses in order to require that businesses that are required to get entertainment licenses from the ALRC were also required to get conditional use approval from the Plan Commission. The zoning code change will have the effect of removing the duplicative Plan Commission review of conditional uses associated with entertainment licenses. Entertainment licenses will continue to be approved by the ALRC, which may put conditions on the license.
In addition, this proposed change also:
· Updates MGO 16.03(3)(c) to correspond with the removed uses in Chapter 28.
· Edits some alcohol-related use definitions to be more general in their cross-references to other statutes or ordinance...
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