Memorandum

City of Lawrence

Planning and Development Services

TO:	Diane Stoddard, Interim City Manager
FROM:	Mary Miller, Planner
DATE:	August 17, 2015
RE:	Comparison of Bar uses

This memo supplements the record associated with the 804 Pennsylvania Special Use Permit for a Bar or Lounge use. It compares three properties and how the 55% food sales requirement is applied to each.

Bourgeois Pig - 6^th E 9^th Street

The Bourgeois Pig is located at within the CD-UC (Downtown Commercial with Downtown Urban Conservation Overlay) Zoning District.

On April 12, 1994, the City Commission adopted Ordinance 6527, which requires alcohol licensed establishments in the C-3 Zoning District (the current CD District) to have food sales of not less than 55% of all gross receipts for a calendar year from sales of food and beverages on the premises. Licensed premises that existed on the effective date of the ordinance (April 1994) were grandfathered. The table below was taken from a 2004 memo to the City Commission:

· The Bourgeois Pig was one of the grandfathered establishments under Ordinance No. 6527; therefore, it is allowed to serve alcohol without a required percentage of associated food sales.

Decade - 920 Delaware

The Decade Coffee Shop is located at within the IL (Limited Industrial) Zoning District with conditions. The conditions restrict the uses within the IL District, but Fast Order Food is a permitted use. 920 Delaware was site planned for use as a coffee shop which falls under the use category of Fast Order Food in the Land Development Code. While the Fast Order Food use is eligible to be a Licensed Premises, it generates more than 45% of its gross revenues from alcoholic beverages, then it would be considered a Bar or Lounge, which is not a permitted use in the IL zoning district. As a condition of their liquor license, the property owner is required to submit a statement annually at renewal to insure the 55% of food sales is attained.

804 Pennsylvania

The proposed Bar or Lounge use at 804 Pennsylvania is located within the CS-UC (Commercial Strip with 8^th & Pennsylvania Street Urban Conservation Overlay) District, and has certain use standards associated with it. The City Commission approved a rezoning of the property with Ordinance No. 9101 on May 26^th, 2015 to revise the conditions of the CS-UC District providing that any Bar use either meet the 55% food sales requirement or be permitted unrestricted in terms of food sales if approved as a Special Use Permit (SUP). The SUP process allows conditions designed to minimize impacts to nearby properties to be placed on the use.

· Per Zoning, the 804 Penn Bar or Lounge use is allowed to serve alcohol without the 55% food sales requirement provided it is approved with a Special Use Permit.

Summary

	Land Use Classification	Zoning	55% Food Sales Req.
Bourgeois Pig 6 E 9^th Street	Bar or Lounge	CD-UC (Downtown Commercial and Downtown Urban Conservation Overlay) District	No
Decade 920 Delaware	Fast Order Food	IL (Limited Industrial) District with Conditions	Yes
804 Pennsylvania	Bar or Lounge	CS-UC (Commercial Strip and 8^th & Pennsylvania Street Urban Conservation Overlay) District with conditions	No, if approved as a SUP