(A)   Purpose.  The purpose of this section is to regulate and mitigate adverse conditions associated with establishments that operate beyond traditional hours of operation.
   (B)   Definition.  LATE-NIGHT HOURS shall mean any business that operates anytime between the hours of 12:00 midnight and 6:00 a.m.
   (C)   Conditional use permit required.  Every place, facility or business that operates during late-night hours located within 100 feet of any residential zone or planned development zone permitting residential uses as measured from all property lines of the subject property shall obtain a conditional use permit from the Planning Commission in accordance with the procedures set out in §§ 17.52.230 through 17.52.320 of this code. In addition, the following shall also obtain a conditional use permit:
      (1)   Notwithstanding Chapter 17.48 of this code, any late-night hour business established prior to the adoption of this section that ceases to operate for a period of 30 days or more.
      (2)   Any late-night hours business established prior to the adoption of this section or permitted under this section that has a substantial change in mode or character of operation, such as an increase in the square footage of the building.
(`83 Code, § 17.44.103)  (Ord. 2001-06 § 7, 2001)