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K-7 <br /> <br /> 2 <br />B. Provides an area for serving alcoholic beverages that is operated during hours not <br />corresponding to regular meal service hours. Food products sold or served <br />incidentally to the sale or service of alcoholic beverages shall not be deemed as <br />constituting regular meal service. <br /> <br />Cabarets and nightclubs. Establishments with the principal purpose of providing live <br />entertainment and/or dancing occupying more than 20 percent of the net public area in <br />conjunction with the serving of food and/or beverages. <br /> <br />Alcholic Beveral Outlet, On-Sale. “On-sale alcoholic beverage outlet” means any <br />establishment wherein alcoholic beverages are sold, served, or given away for <br />consumption on the premises and which is applying for or has obtained an ABC license <br />type 40, 41, 42, 47, 48, 51, 61, 63 and/or 75. <br /> <br />POLICY <br /> <br />It is the policy of the City Council that the public convenience and necessity will not be <br />served by the approval of any new or upgraded license or the premises-to-premises <br />transfer of any license for bars and cocktail lounges or cabarets and nightclubs in a <br />location that meets the following criteria. <br /> <br />A. The location is within an area where the number of crimes is at least 75% higher <br />than the average of all reporting districts in the City; and <br /> <br />B. The location is within 200 feet of a property in residential use. <br /> <br />The provisions of this Policy shall not prevent the Chief of Police from making a <br />determination of public convenience and necessity in the case of a premises to premises <br />transfer of any license from (1) a location within an area where the number of crimes is <br />at least 75% higher than the average of all reporting districts to an area where the <br />number of crimes is less than 75% higher than the average of all reporting district s; or <br />(2) a location within 200 feet of a property in residential use to a location more than 200 <br />feet from a property in residential use. The provisions of this policy shall not apply to <br />transfers that are the result or the death or incapacity of the licensee, any order of a <br />court of competent jurisdiction, or the operation of law. <br /> <br />The City Council designates the Chief of Police or his/her designee to make such <br />determination in all other cases. <br />