CITY OF BOISE. ACTION REQUIRED: Adoption of proposed amendment to ordinance.

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1 CITY OF BOISE To: FROM: Mayor and Council Scott Spjute, Zoning Administrator ORDINANCE NUMBER: O-1-10 DATE: December 11, 2009 SUBJECT: ZOA09-5 Amendment to Title 11 Chapters 1, 4 and 6 requiring that bars and retail tobacco establishments within 300 feet of residential uses shall require conditional use permits and establishing conditions by which they shall be evaluated. ACTION REQUIRED: Adoption of proposed amendment to ordinance. RECOMMENDATION: Approval FISCAL IMPACT/BUDGET IMPLICATIONS: None BACKGROUND: This amendment is intended to help eliminate or mitigate negative secondary effects on residential neighborhoods generated from bars, tobacco retail businesses, dance halls and concert halls. Over the years, Planning and Development Services has received periodic complaints from citizens and neighborhood association representatives about bars, taverns, dance halls and similar businesses establishing themselves in the vicinity of residential areas without notification to the public. Planning and Development Services has typically responded that the establishment is located on a collector or arterial street that is zoned commercial and as such the zoning code allows such establishments without any sort of permit or notification to neighbors. More recently, Boise City Zoning Enforcement and the Boise City Police have received complaints from citizens related to littering, public urination, trespassing and noise that occur outside of certain retail tobacco businesses, primarily hookah bars. While hookah bars are not specifically mentioned in the use table of the zoning code, they have been treated similarly to alcohol bars and therefore allowed in the commercial zones C-2 and C-3. This amendment will require conditional use permits for the above listed uses when they are within 300 feet of a residential use or district, and will establish some minimal use standards in order to eliminate or mitigate these negative secondary effects.

2 The amendment does the following: 1. revises existing or establishes new definitions for bars, dance halls, concert halls and retail tobacco businesses; 2. requires conditional use permits for such establishments that are within 300 feet of residential uses or districts in any commercial zone (except the C-5 Downtown zone); and, 3. establishes conditional use approval criteria under which such establishments must operate.

3 ORDINANCE NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS AN ORDINANCE (ZOA /BOISE CITY) TO AMEND TITLE ELEVEN, CHAPTERS ONE, FOUR AND SIX, BOISE CITY CODE, REQUIRING THAT BARS AND RETAIL TOBACCO ESTABLISHMENTS WITHIN THREE- HUNDRED (300) FEET OF RESIDENTIAL USES OR AREAS POSSESS CONDITIONAL USE PERMITS; ESTABLISHING CONDITIONS BY WHICH THEY SHALL BE EVALUATED; REVISING EXISTING AND ESTABLISHING NEW DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That Title 11, Chapter 1, Paragraph 3.01 be modified to incorporate the following changes: Section DEFINITIONS AND GENERAL PROVISIONS BAR, BREW PUB, LOUNGE, SALOON OR TAVERN: A business operating in an area, whether indoors or out, where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food. CONCERT HALL: A business operating in an area, whether indoors or out, where amplified sound or music is provided for entertainment purposes. DANCE HALL: A business operating in an area, whether indoors or outdoors, where dancing is permitted, allowed or conducted with accompanying amplified sound. LOUNGE: See Tavern. TAVERN: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food. TOBACCO BUSINESS, RETAIL: A business which (1) during the normal course of business primarily distributes any tobacco product or provides any equipment or material used for the consumption of tobacco, (2) lawfully may permit smoking indoors, and (3) does operate a smoking area on premises owned, operated, or used by the business, whether indoors or outdoors, during any portion of its hours of operation. O-1-10

4 Section 2. That Title 11, Chapter 4, Paragraph 6.09 be modified to incorporate the following changes: Use Standards Table 3 sets forth the requirements for specific uses in the Commercial zones. C-1 C-2 C-3 C-4 C-5 Tavern/Lounge/Brew Pub CC A CC CC A Concert Hall CC A A CC A Concert Hall (within 300 of residential use or district) Dance Hall CC A A CC A Dance Hall (within 300 of residential use or district) Bar, Brew Pub, Lounge, Saloon, or CC A CC CC A Tavern Bar, Brew Pub, Lounge, Saloon, or Tavern (within 300 of residential use or district) Tobacco Business, Retail CC A CC CC A Tobacco Business, Retail (within 300 of residential use or district) Section 3. That Title 11, Chapter 4, Paragraph 8.6 be modified to incorporate the following changes: Section Industrial Districts Use Standards Table 7 sets forth the requirements for specific uses in the Industrial Districts Tavern or Lounge (Excluding Sexually Oriented Business) Bar, Brew Pub, Lounge, Saloon, or Tavern Bar, Brew Pub, Lounge, Saloon, or Tavern (within 300 of residential use or district) M-1 M-2 M-4 T-1 T-2 A A A P CC CC A CC CC A

5 Tobacco Business, Retail CC A CC CC A Tobacco Business, Retail (within 300 of residential use or district) Section 4. That Title 11, Chapter 6, Paragraph 6 be modified to include a new subsection, 17, Taverns, Lounges, Dance Halls and Tobacco Bars to read as follows: Section OTHER CONDITIONAL USE APPROVALS Taverns, Lounges, Dance Halls and Tobacco Bars A. In order to approve a conditional use permit for a Bar, Tavern, Lounge, Dance Hall, or Retail Tobacco Business, the Commission must determine that the following conditions are met: (1) Such business shall not be located within a radius of 300 feet of any building within which public school activities are conducted. (2) Such business shall not be located within a radius of 150 feet of any hospital or any room within which a duly organized and established religion conducts regular religious or worship services. (3) No amplification device shall be used such that the sound: a. is plainly audible within any place of residence, or, b. is plainly audible on a street at a distance of 100 feet or more from the amplification device. (4) Establishments shall remain closed between 2:00 a.m. and 6:00 a.m. Closing times shall be clearly posted on all entrances and exits. Section 5. That this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED by the Council of the City of Boise, Idaho, this day of, APPROVED by the Mayor of the City of Boise, Idaho this day of, APPROVED: ATTEST: MAYOR CITY CLERK