ORDINANCE NO. 2675

 AMENDING SECTION 4-3-4, USE/ZONE MATRIX AND CHAPTER 12, DEFINITIONS  AND LIMITATIONS, OF THE CITY OF GRAND JUNCTION ZONING

 AND DEVELOPMENT CODE

RECITALS

   The City Council has appointed a Liquor and Beer Hearing Officer as its Local Licensing Authority for all liquor, wine and beer license applications. All liquor, wine and beer license applications require compliance with a very rigorous review pursuant to State statute. In addition, the City Zoning and Development Code requires that any use which includes application for a liquor license must be heard by the City Planning Commission for approval of a Conditonal Use permit. Due to the very detailed review of liquor license applications in a public hearing setting by the Hearing Officer, the hearing of the same item by the Planning Commission is a redundant process. Therefore, elimination of the Conditional Use review by the Planning Commission is appropriate, particularly for uses which would otherwise be allowed in certain zones; for example, restaurants or other establishments in which the serving of liquor is an accessory use.

   The City Council finds that the proposed text amendment would eliminate these redundant public hearings of certain items by both the Liquor and Beer Hearing Officer and the Planning Commission, while still providing for adequate public hearing review of planning issues for establishments which serve liquor as the primary use.

   BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT THE FOLLOWING AMENDMENTS ARE MADE TO SECTION

4-3-4 AND CHAPTER 12 OF THE GRAND JUNCTION ZONING AND DEVELOPMENT CODE:

1)  Delete the two categories "Establishments Serving Liquor/Beer/Wine" and "Night Clubs/Pubs/Inns not Serving Liquor/Beer/Wine" from Section 4-3-4, Use Zone Matrix.

2)  Add the category "Bars/Night Clubs" to the Use/Zone Matrix defining this land use as Conditional Use in the B-3, C-1, C-2, I-1 and H.O. zones.

3)  Add the following to Chapter 12, Definitions and Limitations:

 BAR

 An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises. It shall not mean establishments wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than 25 percent of the gross receipts.

 NIGHT CLUB

 A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which a dance floor or other entertainment is provided.

INTRODUCED for FIRST READING and PUBLICATION this 21st day of April, 1993.

PASSED on SECOND READING this 5th day of May, 1993.

ATTEST:

______________________________    ________________________________

City Clerk            President of City Council