As used in this Chapter and in Section 4301.82 of the Ohio Revised Code:
(a) “Outdoor Refreshment Area" shall mean a designated area in the City of Lorain, no larger than one-half (1/2) square mile within which no fewer than four (4) businesses with liquor permits may sell beer or intoxicating liquor for on-premises consumption and for consumption off-premises but within the Outdoor Refreshment Area, in accordance with Ohio Revised Code Sections 4301.22 & 4301.82.
(b) The Mayor or his designee shall have the ability to adjust the hours of the Outdoor Refreshment Area for holidays and/or special events.
(c) "Qualified Permit Holder" means the holder of an A-1, A-1-A, A-lC, A-2, or D Permit issued under Chapter 4303 of the Ohio Revised Code.
(Ord. 19-16. Passed 2-15-16.)
(a) Any owner of property seeking to have that property, or that property and other surrounding property, designated as an Outdoor Refreshment Area, shall file an application seeking this designation with the Mayor of the City. An application to designate an area as an Outdoor Refreshment Area shall contain all of the following:
(1) The applicant's name and address;
(2) A map or survey of the proposed Outdoor Refreshment Area in sufficient detail to identity the boundaries of the district and the property owned by the applicant;
(3) A general statement of the nature and types of establishments described in subsection (a) hereof that are or will be located within the proposed Outdoor Refreshment Area and any other establishments located in the proposed Outdoor Refreshment Area that are not described in subsection (a) hereof;
(4) If some or all of the establishments within the proposed Outdoor Refreshment Area have not yet been developed, the proposed time frame for completing the development of these establishments;
(5) Evidence that the uses of land within the proposed Outdoor Entertainment Area are in accordance with the Zoning Code and Maps of the City of Lorain;
(6) A certificate from a surveyor or engineer licensed under Chapter 4733 of the Ohio Revised Code indicating that the area encompassed by the proposed Outdoor Refreshment Area contains no less than twenty (20) contiguous acres; and
(7) A handling and processing fee of $25,000.00 to accompany the application, payable to the City of Lorain, which will be deposited into "The City of Lorain Economic Development Fund". As a municipal corporation is seeking to create an Outdoor Refreshment Area, there exists no fees associated with its application.
(8) Proposed requirements for the purpose of ensuring safety within the proposed Outdoor Refreshment Area.
(b) Action by Mayor. Within thirty (30) days after receiving the application, the Mayor shall submit the application with the Mayor's recommendation to the City Council. The application is a public record for purposes of Ohio R.C. 149.43 upon its receipt by the Mayor.
(c) Public Notice by City Council. Within fory-five (45) days after it receives the application and the Mayor's recommendations relating to the application, the City Council shall publish public notice of the application once a week for two (2) consecutive weeks in a newspaper of general circulation in the City of Lorain. The Council shall ensure that the notice states that the application is on file in the Office of the Clerk of City Council and is available for inspection by the public during regular business hours. The notice shall also indicate the date and time of any public hearing to be conducted by Lorain City Council regarding the application.
(d) Action by City Council. Not earlier than thirty (30) but not later than sixty (60) days after the date the application is filed with the Mayor, the City Council by ordinance, shall approve or disapprove the application based on whether the proposed Outdoor Refreshment Area does or will substantially contribute to entertainment, retail, educational, sporting, social, cultural, or arts opportunities for the community. In making its determination, the City Council shall also consider the supplemental standards described in this Chapter. Any approval of an application shall be by an affirmative majority vote of the City Council. In the event that City Council fails to act within seventy-five (75) days, the application shall be deemed to be disapproved and the application fee shall be returned to the applicant, minus fees for publication.
(e) Revision and Re-Submission. If the City Council disapproves the application, the applicant may make changes in the application to secure its approval by City Council. Any area contained in an application that is approved by the City Council constitutes an Outdoor Refreshment Area. (Ord. 19-16. Passed 2-15-16.)
(a) In reviewing an application for an Outdoor Refreshment Area, City Council shall consider the appropriateness of the proposed district with respect to the City of Lorain's General Plan and other comprehensive plans adopted by the City Planning Commission, as well as with respect to the proximity and extent of residential uses, the availability of offstreet parking, and crime statistics for the immediate area. There shall be a minimum buffer of 5,000 feet between Outdoor Refreshment Areas.
Ohio R.C. 4399.18 applies to a liquor permit holder located within an Outdoor Refreshment Area in the same manner as if the liquor permit holder were not located in an Outdoor Refreshment Area.
(b) An Outdoor Refreshment Area may be expanded by any owner of property that desires to be included within an existing Outdoor Refreshment Area by making an application to amend the Outdoor Refreshment Area. The application shall be the same as Section 778.02 except for paragraph (a)(6) and if necessary, additional information shall be required.
The applicant shall submit a statement to the City indicating that an expansion of an existing Outdoor Refreshment Area is in the best of interests of the citizens of Lorain and how the citizens will benefit, and a narrative and appropriate market or feasibility study, if necessary, that shows that an expansion of the Outdoor Refresment Area will not negatively impact the existing businesses within the area. The area to be included shall be of minimum sufficient size to increase the Outdoor Refreshment Area by a number evenly divisible by five (5) and shall be contiguous to the existing Outdoor Refreshment Area.
(Ord. 19-16. Passed 2-15-16.)
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