HomeMy WebLinkAbout94-52 - Amending Section 20.72.010 of Chapter 20.72 and 20.87.265 of Chapter 20.87 of Title 20 of the Newport Beach Municipal Code, Pertaining to the Definition of RestaurantsORDINANCE NO. 94 -52
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, AMENDING SECTION 20.72.010 OF
CHAPTER 20.72 AND 20.87.265 OF CHAPTER 20.87
OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO THE DEFINITION OF RESTAURANTS
• Section 1: The City Council of the City of Newport Beach hereby ordains:
Section 20.72.010 of Chapter 20.72 of the Newport Beach Municipal Code shall be
amended to read as follows:
Section 20.72.010 Definitions.
A. Restaurant. The term "restaurant' shall mean a place of business with the
principle purpose to sell or serve food products and beverages for consumption on the
premises within a building consisting of a permanent structure that is fully enclosed with a
roof and walls, and where incidental dining to the extent of not more than twenty -five
percent (25 %) of the net public area may be permitted out -of -doors on a patio, deck or
• terrace that is integrated into the building design and where the area devoted to live
entertainment and /or dancing does not exceed twenty percent (20 %) of the "net public
area." For purposes of Section 20.72.020 through 20.72.050, inclusive, and for purposes of
Section 20.72.070 through 20.72.150, inclusive, the term "restaurant' shall include "drive -in',
"take -out" and 'outdoor" restaurants.
The term 'restaurant' does not include the following:
1. A specialty food service;
2. A specialty grocery store or supermarket which devotes twenty -five percent
(25 %) or less of its gross floor area to the sale or preparation of food products or beverages
for consumption on -site or in the immediate area.
B. Cvtdoor Restaurant. The term 'outdoor restaurant' shall mean a place
• of business which sells or serves food products or beverages for consumption on the
premises where such place of business is located, and which provides for, or permits
consumption of, such food products or beverages out -of -doors other than on an incidental
basis.
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C. Drive -In and Take -Out Restaurant. The terms "drive -in," and "take -out"
restaurants shall mean a place of business which sells food products or beverages and which:
1. Delivers such food products or beverages to customers outside of the
building in which they are prepared by means of a service window, counter or similar
• method or device; or
2. Delivers such food products or beverages to customers within a building
which is designated in such a manner that a majority of the customers will remove such food
products or beverages from the building for consumption.
D. Specialty Food Service. The term "specialty food service" shall mean a
place of business that sells a limited variety of food products and /or beverages likely to be
quickly consumed, with a gross floor area of 2,000 square feet or less, (including outdoor
seating areas), seating and /or stand -up counter space for no more than twenty (20)
customers, and which strictly conforms with all of the following:
1. No alcoholic beverages are served or consumed on the premises;
2. No live entertainment or dancing is provided.
is Any use which does not strictly conform to the provisions of the Section shall
be considered a restaurant and otherwise subject to the provisions of this Chapter.
E. Change in Operational Characteristics. The term "change in operational
characteristics" shall include, without limitation, any of the following:
1. Any substantial increase in the hours a restaurant, outdoor restaurant,
or drive -in and takeout restaurant is open for business (hours of operation) or an extension
of the hours of operation past 12:30 a.m. if the restaurant is within 200 feet of residential
zone. An increase in hours of operation is deemed substantial if, given the proximity of the
restaurant, outdoor restaurant, drive -in or takeout restaurant, or related parking facilities
to a residential zone, the increase has the potential to cause, or make worse, noise or traffic
congestion in the neighborhood;
• 2. The introduction of live entertainment or dancing, or a significant
change in the character of the live entertainment;
3. The introduction of the sale of alcoholic beverages;
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4. Any significant increase in the size of the area principally devoted to
the sale of alcoholic beverages;
5. A loss of on -site or off -site parking spaces for a period of ninety (90)
days or more, which would reduce available parking below the number then required by the
• provisions of this title or the Use Permit applicable. to the restaurant;
6. The introduction of valet, tandem, or compact parking spaces;
7. Any increase in the net public area of a restaurant or any increase in
the gross floor area of a drive -in, take -out or outdoor restaurant; and
8. The addition of three or more pool tables.
Section 2: Section 20.87.265 of Chapter 20.87 shall be amended to read as follows:
Section 20.87.265 Restaurant. The term "restaurant" shall mean a place of business with
the principle purpose to sell or serve food products and beverages for consumption on the
premises within a building consisting of a permanent structure that is fully enclosed with a
roof and walls, and where incidental dining to the extent of not more than twenty -five
• percent (25 %) may be permitted out -of -doors on a patio, deck or terrace that is integrated
into the building design and where the area devoted to live entertainment and /or dancing
does not exceed twenty percent (20 %) of the "net public area."
Section 3: The City Council declares that the Amendment declaring that a restaurant is
a place of business with the primary purpose to sell or serve food products and beverages
for consumption on the premises is declaratory of existing law.
Section 4: Should any section, subsection, clause, or provision of this Ordinance for any
reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of this Ordinance; it
• being hereby expressly declared that this Ordinance, and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, approved and ratified
irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
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SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the 10th day of October, 1994, and adopted on the 24th
day of October- 1994, by the following vote, to wit:
• AYES, COUNCILMEMBERS HEDGES,
SANSONE, WATT, TURNER, HART, COX, DEBAY
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
ATTEST:
bill -w \amend \a810.ord
9/8/94
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