§ 17.44.055  ENTERTAINMENT FACILITIES.
   (A)   Purpose.  To establish an appropriate review process for entertainment facilities and to mitigate adverse conditions associated with such establishments through the conditional use permit process or review by the Development Review Committee as indicated in § 17.08.010(B) and this section.
   (B)   Definition.  ENTERTAINMENT FACILITIES shall mean establishments engaged in the provision of cultural, entertainment, athletic, and other events for spectators, as opposed to those engaged in the activity (i.e. movie and legitimate theaters).  Entertainment facilities shall also include but not limited to nightclubs, restaurants, and coffee houses with live entertainment and/or dancing.
   (C)   Exceptions.
      (1)   Entertainment facilities that operate with non-amplified music where there is no dancing and no sale or serving of alcoholic beverages shall not require a conditional use permit and shall be subject to review and approval by the Development Review Committee.
      (2)   Entertainment facilities classified as “temporary” shall mean uses including nightclubs, restaurants, and coffee houses, with or without the sale of alcoholic beverages, that operate with live entertainment and/or dancing for not more than four times per year with each event functioning for not more than two days at a time (i.e. Valentine's Day Dance, Cinco de Mayo, and the like).  Such uses shall be permitted subject to the Development Review Committee review and approval. However, any use classified as “temporary” entertainment, and located within 100 feet of a residential zone shall require a conditional use permit.
   (D)   Findings.  The Planning Commission or Development Review Committee shall make the following findings prior to approval of any entertainment use facility.
      (1)   The proposed use will not adversely and seriously affect the peace, health, safety and welfare of residents of the community.
      (2)   The proposed use shall not directly contribute to peace, health, safety and general welfare problems including but not limited to loitering, littering, public drunkenness, defacement, and damaging of structures, pedestrian obstructions as well as traffic circulation, parking and noise problems on public streets and adjacent parking lots.
      (3)   The proposed use shall not create serious adverse impacts to the commercial district.
      (4)   The proposed use is adequately served by sufficient parking to serve the quantity of traffic such use generates.
      (5)   The proposed use shall not be incompatible with the adjoining uses as it relates to noise, traffic, and hours of operation.
      (6)   That the proposed use will not negatively impact nearby parks, schools, religious assembly facilities, recreation centers and hospitals.
(`83 Code, § 17.44.055)  (Ord. 96-09 § 2, 1996)