§ 300-36. Bars, cabarets and nightclubs.

A. 

Regulations applicable to those bars, cabarets, and nightclubs existing on the effective date of this section and located outside of districts where such uses are permitted.

(1) 

Expansion prohibited. No bar, cabaret, or nightclub shall be expanded in either square footage of floor area, permitted maximum occupancy, or other unit of intensity. For purposes of determining whether or not a change in a bar, cabaret, or nightclub is a change in intensity, all changes shall be monitored by the Code Enforcement Officer. The Code Enforcement Officer shall be notified, in writing, by the owner or lessee, of all proposed changes. Upon completion of review of a proposed change, the Code Enforcement Officer shall issue a letter of determination to the owner or lessee.

(2) 

Existing bars, cabarets, and nightclubs with maximum permitted occupancies of over 50 persons, and also those with maximum permitted occupancies of under 50 persons, are subject to additional requirements for operations as outlined in Subsections D and E below.

B. 

Establishment or expansion by variance procedure and expansion by expansion of nonconforming use procedure. Approval of a variance or expansion of a nonconforming use application by the Zoning Board of Appeals for the establishment of a new bar, cabaret, or nightclub, or for an increase in intensity of an existing bar, cabaret, or nightclub, shall be subject to site plan review by the Planning Commission for the establishment and expansion of permitted bars, cabarets, and nightclubs.

C. 

Abandonment and discontinuance. Any bar, cabaret, or nightclub, which is abandoned, or in which operations have been discontinued for a period of six consecutive months, shall not be permitted to be reestablished, except in accordance with the permitting requirements of this chapter for new bars, cabarets, and nightclubs.

D. 

Additional requirements for operation; "three strikes provision"; control of disorderly premises.

(1) 

Upon any arrest or conviction of a patron, staff or owner for illegal activity on or about a licensed premises as defined by the New York State Liquor Authority, being a violation of the laws of either the City of Oneonta or New York State alcohol beverage control laws relating to the operation, ownership or licensing of any bar, cabaret or nightclub, the City Clerk may send a notice of such violation by registered mail to the premises, including a copy of this subsection and Subsections E, F and G below.

(2) 

If, within any ten-year period of such arrest or conviction, there is an additional conviction of a patron, staff or owner for illegal activity on or about a licensed premises, as defined by the New York State Liquor Authority, of the laws of either the City of Oneonta or New York State alcohol beverage control laws relating either to the ownership or licensing of any bar, cabaret or nightclub, the City Clerk shall send a notice of such violation by registered mail, including a copy of this subsection and Subsections E and F below, and those premises shall immediately be allowed to continue operation only with a valid special use permit issued by the Common Council as set forth in Subsection E.

(3) 

Upon any felony conviction under City of Oneonta laws and/or New York State alcohol beverage control laws related to patron, staff or owner activity on or about a licensed premises as defined by the New York State Liquor Authority, the City Clerk shall send a notice of such conviction by registered mail, including a copy of this subsection and Subsections E and F below, and those premises shall immediately be allowed to continue operation only with a valid special use permit issued by the Common Council as set forth in Subsection E.

(4) 

All notices required herein shall be effective if mailed to the address on file for the licensee/owner.

E. 

If required by Subsection D, a special use permit shall be required to operate a bar, cabaret or nightclub. Submission of a completed application for such special use permit shall be required of the owner or licensee of any bar, cabaret or nightclub within 60 days of the date of mailing of the notification by the City Clerk to the licensed premises. If said application is not submitted and certified as complete by the City Clerk within the time required, continued operation as a bar within the City shall be in violation of the Zoning Law of the City of Oneonta, and said operation shall terminate. If said operation shall continue, an administrative penalty shall be assessed against the licensee of said premises in the amount of $1,000 per day for each day of such continued operation. In addition thereto, the City Attorney is authorized to take any enforcement action against the premises for violation of this provision, and the cost of any such enforcement shall be added to the administrative penalty. Nothing within this provision shall entitle an owner or licensee to any right to continue operation as a prior nonconforming use.

F. 

A special use permit for a bar, cabaret, or nightclub, as required under § 300-36D, may initially be granted for a limited term of up to two years. Subsequent special use permit renewals may be granted to coincide with tavern license renewal dates or any other time period as determined by the issuing body. However, a special use permit shall expire if the special use shall be discontinued, for any reason, for more than six months.

G. 

Special use permits: standards and requirements for bars, cabarets, and nightclubs. In addition to the requirements outlined under § 300-29, Special use permits, when an application is reviewed for a special use permit for a bar, a cabaret, or a nightclub, the following shall be considered and applied:

(1) 

Zoning. Bars, cabarets, and nightclubs shall be located only in areas of the City of Oneonta specifically zoned for such uses.

(2) 

Facilities requirements. Bars, cabarets, and nightclubs shall comply with all applicable state and local building, fire, health, and safety codes.

(3) 

Security and operational requirements. Bars, cabarets, and nightclubs shall comply with all applicable state and local building, fire, health, safety, and operational requirements. Each application for a special use permit for a bar, cabaret, or nightclub shall include a management operations plan, which shall include but not be limited to a detailed, thorough, and effective plan for addressing each item listed below and any other items as required by the Planning Commission. In a case where no policy or procedure exists, the management operation plan must reference the item and so state (i.e., "establishment has no dress code for patrons other than what is required by New York State health laws").

(a) 

Violence control policy and procedures.

(b) 

Method(s) of ensuring secure emergency communication to the City of Oneonta Police Department and the City of Oneonta Fire Department.

(c) 

Evacuation plan and evidence of evacuation drills supervised by professionals in the field of firesafety.

(d) 

Name of owner and of daily on-site employee(s) with authority to act in owner's absence.

(e) 

Annual risk management training and review, preferably by the liability insurance carrier for the establishment.

(f) 

Controls to prevent excessive drinking.

(g) 

Controls to prevent underage drinking.

(h) 

Controls to manage noise.

(i) 

Controls to manage crowds.

(j) 

Current certification and continuing training for owners and primary operational and management staff from New York State certified alcohol training awareness program schools, such as TIPS and I'm Smart.

(k) 

Annual orientation and training of all employees, with training verification signed and dated by employees, in principles of New York State certified alcohol training awareness program schools, such as TIPS and I'm Smart.

(l) 

Requirements for security (bouncer) staff, including ability to control patrons and crowds and requirements for ongoing training.

(m) 

Dress code for staff.

(n) 

Dress code for patrons.

(4) 

Review criteria. At the time of initial application for a special use permit, and subsequent renewals, the Planning Commission will consider the following among its criteria for the initial award or subsequent renewal of a special use permit for a bar, cabaret, or nightclub. In addition, the Planning Commission may request any or all documentation or reports pertaining to its review:

(a) 

Management operation plan as defined above.

(b) 

Compliance with provisions of § 300-29, Special use permits.

(c) 

Compliance with the provisions of the City of Oneonta Zoning Code applicable to occupancy, density, and use.

(d) 

Compliance with all applicable facilities requirements, including review of reports of the City of Oneonta Code Enforcement office.

(e) 

Compliance with all applicable building, fire, health and safety regulations.

(f) 

Reports of incidents as recorded by the City of Oneonta Police Department.

(g) 

Reports of incidents as recorded by the City of Oneonta Fire Department.

(h) 

Reports of incidents and activities as filed with the Alcoholic Beverage Control (ABC) Board.

(i) 

Proactive actions by the establishment within the past two years targeted towards reducing potential risk and liability, reducing the possibility of underage and excessive drinking, supporting staff in becoming trained in New York State certified alcohol training awareness program schools, such as TIPS and I'm Smart.

(5) 

Action and response. Each special use permit issued shall list as conditions that the City of Oneonta reserves the right, in response to noncompliance with the standards as outlined and referenced in this section, to require modifications to facilities and to operational limitations, and to impose penalties, including but not limited to:

(a) 

Revocation of special use permit.

(b) 

Denial of special use permit.

(c) 

Temporary suspension of special use permit until infractions are remedied.

(d) 

Temporary and permanent reduction of maximum permitted occupancy.

(e) 

Recommendation to ABC Board for nonrenewal of liquor license.

(6) 

Automatic revocation of a special use permit. Subsequent to the issuance of a special use permit to any bar, cabaret or nightclub, any conviction within a ten-year period under City of Oneonta laws and/or New York State alcohol beverage control laws related to patron, staff or owner activity on or about a licensed premises, as defined by the New York State Liquor Authority, shall result in the revocation of such special use permit within 30 days. Notification of such revocation shall be sent by the City Clerk by registered mail to the licensed premises.