From
Chris Hartmann
Title
TA140601 - Text Amendment - Alcohol. Approval of Text Amendments to Article 4: “Permissible Uses", Article 5: "Specific Uses", Article 11: "Performance Standards" and Article 30, “Definitions,” of the Unified Development Code to modify existing regulations related to ON-PREMISE alcohol sales and consumption in restaurants and multi-purpose special event centers. The owner/applicant is the City of Grand Prairie Planning Dept. (On June 2, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the approval of Text Amendments Article 11, "Performance Standards" and Article 30, “Definitions,” of the Unified Development Code to modify existing regulations related to ON-PREMISE alcohol sales and consumption in restaurants and multi-purpose special event centers.
OVERVIEW
The City Council Development Committee, following a May 13, 2014 review and briefing held by City Manager staff, directed staff to initiate an amendment to establish a provision to allow for the On-premise alcohol sales and consumption in restaurants with walk-up service. No action was taken to amend the On-premise sales and consumption of alcohol as it relates to multi-purpose special event centers.
The proposed changes include amendments to Article 11, “Performance Standards”, and Article 30, “Definitions”, of the Unified Development Code to modify the City’s regulations related to on-premise sale and consumption of alcohol in restaurants are as follows: Proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough.
ARTICLE 11: Performance Standards
SECTION 12 ‐ REQUIREMENTS FOR ON‐PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES
11.12.1 Standards
Alcoholic beverages, as defined in the Alcoholic Beverage Code of the State of Texas, may be sold or for on‐premise consumption in restaurants facilities, certain facilities owned by the City of Grand Prairie or hotels and motels only in accordance with the following standards. On‐premise consumption of alcoholic beverages shall be:
A. Allowed for full service restaurants (as defined in Article 30 “Restaurant - Full Service”) with a gross floor area of 5,000 square feet or more; provided that at least ten percent (10%) of the total floor area shall be used as a kitchen, that not more than twenty percent (20%) of the total floor area shall be used as a bar/holding area, and that at least seventy (70%) percent of gross restaurant revenues shall be from the sale of food prepared on‐premise (reference Article 4, Section 4.8.5 for proximity requirements).
B. Allowed for full service restaurants (as defined in Article 30 “Restaurant - Full Service”) with a gross floor area of less than 5,000 square feet, but exceeding 2,499 square feet; provided that at least ten percent (10%) of the total floor area shall be used as a kitchen, that no bar/holding area shall be permitted, that not more than ten percent (10%) of the total floor area shall be used as a bar/holding area, and that at least seventy percent (70%) of gross restaurant revenues shall be from the sale of food prepared on‐premise (reference Article 4, Section 4.8.5 for proximity requirements).
1. A bar/holding area, and the sale of mixed alcoholic beverages, shall be prohibited for restaurants containing less than 2,500 square feet. At least seventy percent (70%) of gross restaurant revenues shall be from the sale of food prepared on‐premise (reference Article 4, Section 4.8.5 for proximity requirements).
C. Allowed for walk-up service only restaurants (as defined in Article 30 “Restaurant - Walk-Up Service Only”) with a gross floor area of 5,000 square feet or more; provided that at least ten percent (10%) of the total floor area shall be used as a kitchen, that not more than twenty percent (20%) of the total floor area shall be used as a bar/holding area, and that at least seventy percent (70%) of gross restaurant revenues shall be from the sale of food prepared on‐premise (reference Article 4, Section 4.8.5 for proximity requirements).
D. Allowed for walk-up service only restaurants (as defined in Article 30 “Restaurant - Walk-Up Service Only”) with a gross floor area of less than 5,000 square feet, but exceeding 2,499 square feet; provided that at least ten percent (10%) of the total floor area shall be used as a kitchen, that not more than ten percent (10%) of the total floor area shall be used as a bar/holding area, and that at least seventy percent (70%) of gross restaurant revenues shall be from the sale of food prepared on‐premise (reference Article 4, Section 4.8.5 for proximity requirements).
1. A bar/holding area, and the sale of mixed alcoholic beverages, shall be prohibited for restaurants containing less than 2,500 square feet. At least seventy percent (70%) of gross restaurant revenues shall be from the sale of food prepared on-premise (reference Article 4, Section 4.8.5 for proximity requirements).
E. C. Allowed as an incidental use in hotels, resort casino hotels…….
Article 30: Definitions
Bar/Holding Area: An area generally separated from the main dining room where patrons may gather to eat and/or drink, typically prior to being seated in the main dining room; however, patrons are not precluded from staying in the bar/holding area during the duration of their visit.
Restaurant (Walk-Up Service Only): A restaurant that sells prepared foods and drinks for consumption on the premises and that includes the following elements:
A. Customers order their meals and drinks at the food order counter;
B. Customers pick up their own meals and drinks at the food order counter or designated food pick-up window/beverage dispenser;
C. Provides a menu board above the food order counter;
D. Contains a commercial kitchen area equal to at least (10%) of the gross floor area of the restaurant building as measured in square feet;
E. Contains a designated dining area with permanent seating as indicated on the floor plan drawing submitted for building permit review;
F. Employs city certified cooks and food handlers that prepare all food menu items in the kitchen area;
G. Take-out food service does not account for more than forty percent (40% ) of the restaurant’s gross annual revenue;
H. Outdoor dining areas may be used in calculating the gross floor area, but shall not exceed more than forty percent (40%) of the total dining area provided as measured in square feet;
I. Alcohol sales are not permitted through the drive-up window.
As stated above, the City Council Development Committee (CCDC) directed staff to initiate the preparation of an ordinance amending Article 11, "Performance Standards" and Article 30, “Definitions,” of the Unified Development Code for submittal to the Planning and Zoning Commission for a recommendation to the City Council.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval of the proposed amendments to Article 11, "Performance Standards" and Article 30, “Definitions,” of the Unified Development Code as depicted in the attached ordinance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 11, “PERFORMANCE STANDARDS” AND ARTICLE 30, “DEFINITIONS” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO ESTABLISH A PROVISION TO ALLOW ON PREMISE ALCOHOL SALES AND CONSUMPTION IN RESTAURANTS WITH WALK-UP SERVICE ONLY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative.”; and
WHEREAS, on May 13, 2014, a review and briefing was held by City Manager staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate an amendment to establish a provision to allow On-premise alcohol sales and consumption in restaurants with walk-up service only; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed City Manager staff to initiate the preparation of an ordinance amending Article 11 “Performance Standards” and Article 30 “Definitions” of the Unified Development Code establishing a provision to allow On-premise alcohol sales and consumption in restaurants with walk-up service only for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 7:00 o'clock P.M. on June 2, 2014, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 o'clock P.M. on June 17, 2014 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT Article 11 “Performance Standards” and Article 30 “Definitions” of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough, as follows:
ARTICLE 11: Performance Standards
SECTION 12 ‐ REQUIREMENTS FOR ON‐PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES
11.12.1 Standards
Alcoholic beverages, as defined in the Alcoholic Beverage Code of the State of Texas, may be sold or for on‐premise consumption in restaurants facilities, certain facilities owned by the City of Grand Prairie or hotels and motels only in accordance with the following standards. On‐premise consumption of alcoholic beverages shall be:
A. Allowed for full service restaurants (as defined in Article 30 “Restaurant - Full Service”) with a gross floor area of 5,000 square feet or more; provided that at least ten percent (10%) of the total floor area shall be used as a kitchen, that not more than twenty percent (20%) of the total floor area shall be used as a bar/holding area, and that at least seventy (70%) percent of gross restaurant revenues shall be from the sale of food prepared on‐premise (reference Article 4, Section 4.8.5 for proximity requirements).
B. Allowed for full service restaurants (as defined in Article 30 “Restaurant - Full Service”) with a gross floor area of less than 5,000 square feet, but exceeding 2,499 square feet; provided that at least ten percent (10%) of the total floor area shall be used as a kitchen, that no bar/holding area shall be permitted, that not more than ten percent (10%) of the total floor area shall be used as a bar/holding area, and that at least seventy percent (70%) of gross restaurant revenues shall be from the sale of food prepared on‐premise (reference Article 4, Section 4.8.5 for proximity requirements).
1. A bar/holding area, and the sale of mixed alcoholic beverages, shall be prohibited for restaurants containing less than 2,500 square feet. At least seventy percent (70%) of gross restaurant revenues shall be from the sale of food prepared on‐premise (reference Article 4, Section 4.8.5 for proximity requirements).
C. Allowed for walk-up service only restaurants (as defined in Article 30 “Restaurant - Walk-Up Service Only”) with a gross floor area of 5,000 square feet or more; provided that at least ten percent (10%) of the total floor area shall be used as a kitchen, that not more than twenty percent (20%) of the total floor area shall be used as a bar/holding area, and that at least seventy percent (70%) of gross restaurant revenues shall be from the sale of food prepared on‐premise (reference Article 4, Section 4.8.5 for proximity requirements)
D. Allowed for walk-up service only restaurants (as defined in Article 30 “Restaurant - Walk-Up Service Only”) with a gross floor area of less than 5,000 square feet, but exceeding 2,499 square feet; provided that at least ten percent (10%) of the total floor area shall be used as a kitchen, that not more than ten percent (10%) of the total floor area shall be used as a bar/holding area, and that at least seventy percent (70%) of gross restaurant revenues shall be from the sale of food prepared on‐premise (reference Article 4, Section 4.8.5 for proximity requirements).
1. A bar/holding area, and the sale of mixed alcoholic beverages, shall be prohibited for restaurants containing less than 2,500 square feet. At least seventy percent (70%) of gross restaurant revenues shall be from the sale of food prepared on-premise (reference Article 4, Section 4.8.5 for proximity requirements).
E. C. Allowed as an incidental use in hotels, resort casino hotels…….
Article 30: Definitions
Bar/Holding Area: An area generally separated from the main dining room where patrons may gather to eat and/or drink, typically prior to being seated in the main dining room; however, patrons are not precluded from staying in the bar/holding area during the duration of their visit.
Restaurant (Walk-Up Service Only): A restaurant that sells prepared foods and drinks for consumption on the premises and that includes the following elements:
A. Customers order their meals and drinks at the food order counter;
B. Customers pick up their own meals and drinks at the food order counter or designated food pick-up window/beverage dispenser;
C. Provides a menu board above the food order counter;
D. Contains a commercial kitchen area equal to at least (10%) of the gross floor area of the restaurant building as measured in square feet;
E. Contains a designated dining area with permanent seating as indicated on the floor plan drawing submitted for building permit review;
F. Employs city certified cooks and food handlers that prepare all food menu items in the kitchen area;
G. Take-out food service does not account for more than forty percent (40% ) of the restaurant’s gross annual revenue;
H. Outdoor dining areas may be used in calculating the gross floor area, but shall not exceed more than forty percent (40%) of the total dining area provided as measured in square feet;
I. Alcohol sales are not permitted through the drive-up window.
SECTION 2
THAT all other provisions of the Article 11 “Performance Standards” and Article 30 “Definitions” of the Unified Development Code, not included in this amendment, shall remain in full force and effect, save an except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 4
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 5
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 17th Day Of June, 2014.
ORDINANCE NO. 9730-2014
CASE NO. TA140601