Chapter 82-34 — CABARETS

This chapter requires and provides criteria for the consideration and approval of land use permits before the establishment of cabarets in any land use zoning district of this county. The county finds it necessary to

establish land use permit requirements and criteria in the interest of the public health, safety and welfare for the establishment of cabarets. This chapter alone does not allow or permit cabarets, but only applies to cabarets where otherwise allowed or permitted within an involved applicable land use zoning district. This chapter does not authorize the establishment of cabarets in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations.

(Ord. 95-20 § 1).

Article 82-34.4. Definitions

"Cabaret" means any place where the public is admitted, where entertainment is furnished by or for any patron or guest present upon the premises, including, but not limited to singing, vaudeville and dancing, where liquid refreshments or foods are sold, and where the seating capacity is fifty or more (as determined by the director of community development); except where the only entertainment furnished is by recording machine, commonly known as a jukebox, and dancing is not permitted.

(Ord. 95-20 § 1).

The definition of cabaret in Section 82-34.402 is limited to this chapter, and does not apply to or supersede other definitions of cabaret, including the definition of cabaret in Section 88-12.404(6).

(Ord. 95-20 § 1).

Article 82-34.6. Applications

Upon the effective date of the ordinance codified in this chapter, any person who claims or believes they have established a legal nonconforming use to maintain a cabaret shall, within sixty days of the effective date of the ordinance codified in this chapter, provide written evidence describing the extent and scope of such use to the director of the community development department. To the extent such legal nonconforming use has been established and continued after the effective date of the ordinance codified in this chapter, all applicable permits and licenses must be maintained in full force and effect and the use may not be increased, enlarged or expanded without a land use permit as provided in this chapter.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 95-20 § 1).

In addition to the applicable requirements of Chapters 26-2 and 82-6 and the involved zoning district, an application for a land use permit approving a cabaret shall contain the following information:

(1)

A description of where the proposed cabaret is to be located on the subject property, including a description of the building or structure within which the cabaret is to be located and the number of seats

therein;

(2)

If alcohol is to be sold to patrons or guests, a description of applicable alcohol beverage licenses;

(3)

The true name and complete address of each owner of the building or structure within which the proposed cabaret is to be located;

(4)

The true name and complete address of each lender, shareholder with five percent or more financial interest in the proposed cabaret, and any other person to whom a share or income of the cabaret is to be paid;

(5)

A description of the entertainment to be furnished at the proposed cabaret;

(6)

A description of all proposed cabaret activities;

(7)

If dancing is intended at the proposed cabaret, a description of the area where dancing is to occur; and

(8)

A description of the security measures planned for the proposed cabaret, including on-site supervision.

(Ord. 95-20 § 1).

Article 82-34.8. Land Use Permits

No cabaret shall be established and maintained unless and until a land use permit is first obtained pursuant to this chapter and maintained in full force and effect.

(Ord. 95-20 § 1).

In addition to the findings established in Article 26-2.20, no land use permit for a cabaret shall be issued unless the following findings are made:

(1)

The cabaret will not adversely affect the health, safety and welfare of the surrounding community;

(2)

The cabaret will not significantly increase the demand for police services;

(3)

The cabaret will not produce an undue concentration of cabarets in the surrounding community;

(4)

The cabaret will no detrimentally affect nearby residentially zoned communities;

(5)

The cabaret will not be unduly close to residences, schools, youth centers, playgrounds, public parks and other similar locations frequented by children and their families; and

(6)

The cabaret will include adequate security measures and on-site supervision.

(Ord. 95-20 § 1).

Land use permits for the special cabaret uses enumerated in this chapter may be granted as provided and required by this chapter and in accordance with Chapters 26-2 and 82-6.

(Ord. 95-20 § 1).

There shall be a permittee-initiated annual review by the zoning administrator to determine if each cabaret granted a land use permit under this chapter is in compliance with the terms and conditions of the land use permit. The permittee may be charged a fee as fixed by the board of supervisors for that purpose. The annual review by the zoning administrator to determine compliance may be with or without a public hearing. If the zoning administrator determines that a cabaret is not in compliance with the terms and conditions of the land use permit, the zoning administrator may initiate action against the permittee as otherwise provided by this code.

(Ord. 95-20 § 1).