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Code Section: 790.22
Subject: NC definitions – Bar
Effective Date: 11/86
Interpretation:
A wine tasting room as part of retail sales of wine is treated as a bar in the Neighborhood Commercial Districts.
Code Section: 790.22
Subject: Wine and Beer Tasting, Liquor Stores, Bars
Effective Date: 8/05 (Revised 1/14)
Interpretation:
This Section states that within NC Districts, establishments that serve liquor with ABC License Types 42, 47, 49, 61, or 78 are considered "bar" uses. An interpretation rendered in November 1986 had asserted that "a wine tasting room as part of the retail sales of wine is treated as a bar in the Neighborhood Commercial Districts." It was noted that an exception to this interpretation involves cases in which intermittent and/or occasional wine and/or beer tasting is offered. This minor and related activity is analogous to the dispensation of sample-sized portions of food items by many grocers. Much as those grocers are not considered to be restaurant uses, liquor stores which provide incidental wine tastings are not considered to be bar uses, rather such tasting would comprise a permitted accessory use. Any such tasting would (1) occur entirely during regular operating hours only, (2) take place no more than twice each week for no more than four hours each occurrence and on a further occasional appointment-only basis, (3) not occur on a premises on which any type of permit from the Entertainment Commission is held, (4) not occur in an area physically separated from the main liquor store retail area by full-height partitions or partitions that otherwise prevent clear visual access to and from the main retail area and (5) be limited to one ounce servings and three servings per individual customer per day. Should the establishment not adhere to each of these five conditions it would be considered a "bar." It was also noted that conditions 4 and 5, above, reflect ABC and Police Department policies at the time of this interpretation, and may be modified should those regulations change.
Code Section: 790.38
Subject: Acoustic music and poetry reading as other entertainment
Effective Date: 8/96
Interpretation:
This states that "other entertainment" shall include, " . . . live entertainment, including dramatic and musical performances, and/or operates as a dance hall which provides amplified taped music for dancing on the premises, . . . " It is clear that the reference to amplified music is in regard to the aforementioned dance hall and is not intended to exclude acoustic music or other nonamplified performance from the definition. Therefore, in the case where acoustic music and poetry reading was proposed for a bar, this use would be classified as "other entertainment."
Code Section: 790.38
Subject: Entertainment, other.
Effective Date: 3/2002
Interpretation:
Section 790.38 of the Planning Code defines Other Entertainment as a retail use, which provides live entertainment and/or operates as a dance hall with amplified music. Additionally, it includes a bowling alley, billiard parlor, shooting gallery, skating rink and other commercial recreational activity, but excludes amusement game arcades. Amusement game arcades is defined by Section 790.4 of the Planning Code by having eleven or more amusement game devices such as video games, pinball machines, or other such similar mechanical and electronic amusement devices, including personal computers when the majority purpose of the computers are for game playing. With advances in technology, the personal computer replaced most of these old arcade machines and allows users a variety of functions, including game playing. With relative ease computers have been connected or networked in retail or commercial spaces for the sole purpose of game playing. This interpretation adds personal computers to Section 790.38 as an electronic amusement device when the majority purpose of the computers are for game playing. Additionally, money does not need to be deposited directly into the amusement devices for the use to be considered as Other Entertainment.
Code Section: 790.50(a) or (c)
Subject:
Effective Date:
Interpretation:
See "Printing, where allowed, plus: for training purposes 3/97" in the Interpretations-Alphabetical
Code Section: 790.50(d)
Subject: Definition of "religious facility"
Effective Date: 1/91
Interpretation:
This Paragraph states that a religious facility is a use which provides religious "services." In the case where a Christian Science Reading Room in a nonconforming use was proposed to be changed to an office, the term "services" need not be limited to the act of religious ceremony and assembly but also to the more general, land use planning meaning of the term "service." Therefore, the Reading Room is a religious facility which is a less restricted use than an office being first permitted as a conditional use in residential districts while an office is not permitted in a residential district. Therefore, an office is not permitted in this (former) NCU which has been a conditional use since it was changed to a religious facility.
Subject: Outdoor activity area must be accessory
Effective Date: 3/96
Interpretation:
These Sections define "outdoor activity area" for the Neighborhood Commercial and Mixed Use Districts respectively as, "...an area provided for the use or convenience of patrons of a commercial establishment, including, but not limited to, sitting, eating, drinking, dancing, and food-service activities." Such activities are normally associated with uses that must be within enclosed buildings pursuant to Section 703.2(b)(1). Section 703.2(b)(1) acknowledges that some uses allowed in the Neighborhood Commercial District are intrinsically or appropriately outdoor uses but not by virtue of the definition of an outdoor activity area which must be associated with a primary use and not constitute a primary outdoor use by itself.
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