Sec. 26-114. - Community assembly facility.

The purpose of this section is to provide for the establishment and operation of privately owned community assembly facilities in accordance with certain requirements designed to ensure compatibility of such facilities with surrounding businesses and residential development.

(a)

The requirements of this section shall apply to community assembly facilities such as banquet halls, dance halls, union halls, meeting halls for clubs and other membership organizations, and other similar facilities. Any business which permits a community assembly facility on the premises, whether for profit or not for profit, whether as a primary use or in conjunction with a commercial use, shall be considered a community assembly facility as defined in article I division 4.

(b)

Community assembly facilities may be established and operated only in the zones specified in article II division 2 of the zoning code.

(c)

The permit required (as specified in article VI division 4) shall be obtained prior to establishing a community assembly facility.

(d)

The community assembly facility shall be subject to periodic review by the Planning Commission every six (6) months for an initial two (2) years from date of commencement of the facility operation. The current or new business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the planning division in the amount equal to one-half (½) of the pertinent current application fee. The review deposit shall be paid prior to occupancy or business license issuance.

(e)

Live entertainment and other entertainment activities conducted on the premises shall be subject to the City noise regulations prescribed in chapter 15, article IV of this Code.

(f)

The permitted occupancy or total number of patrons allowed to enter the premises for dancing or related activity shall be restricted to two (2) persons per parking space provided on the site or the maximum occupancy permitted by the Uniform Building Code whichever is less.

(g)

Hours of operation for community assembly facilities may be established by the Planning Commission but in no case shall extend beyond 1:45 a.m.

(h)

A conditional use permit for the community assembly facility use shall be granted personally to the owner of such business or use and shall become null and void upon transfer of ownership or any other interest for such business or use.

(i)

There shall be no public nuisance created by such use as a result of noise.

(j)

No person in charge of or assisting in the conduct of the facility, or featuring live entertainment, shall permit any person to enter into, to be in or to remain in any place where such dance hall, facility or live entertainment is conducted, who is intoxicated, boisterous, or disorderly. No person in an intoxicated condition shall enter, be in or remain in the facility or where live entertainment is permitted by this article. No person shall conduct themselves in a boisterous or disorderly manner in or at a dance hall, facility or where live entertainment is permitted by this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)