§ 34-1311. Development standards.

In addition to applicable regulations and requirements set forth in other sections of this article, the following minimum standards and regulations shall apply to the development or use of property for a nightclub. Such standards shall be met regardless of the existence of lesser standards that shall be imposed by other agencies or government.

(1)

It shall be unlawful for persons under the age of 21 to enter, patronize, visit, be admitted to, or allowed access in any nightclub, except as hereinafter provided. This restriction shall not apply to:

a.

Persons accompanied by either of their parents (natural, adoptive, or stepparent) or legal guardian (appointed by a court);

b.

In the case of hotels and other similar multi-use establishments, this restriction applies only to those areas of the establishment operating primarily as a nightclub, and not as a restaurant or lounge;

c.

A nightclub, during any time period in which it is not serving or selling alcoholic beverages to the public or allowing alcohol to be consumed on its premises; provided that one hour before anyone under the age of 21 is admitted into the establishment, all alcoholic beverages previously served to customers, or being consumed by customers, are removed from customer access and otherwise discarded, and the establishment's entire inventory of alcoholic beverages is properly secured from public access. Securing alcoholic beverages from public access includes locking beer taps and securing or removing all open bottles in the bar area. The bar is required to be inspected by a law enforcement officer to ensure compliance prior to opening for persons under age 21. The sale, service or consumption of alcoholic beverages may not resume until all persons under the age of 21 have vacated the premises;

d.

Members of the military or armed services with proper military identification to show that they are currently on active duty with a branch of the United States military; or

e.

Persons employed by or at the alcoholic beverage establishments.

(2)

Live entertainment is permitted, with the exception of adult entertainment.

(3)

Pyrotechnics are prohibited.

(4)

Gaming devices, such as pool tables and pinball machines, are prohibited. Video devices and televisions are authorized except that no pornographic material shall be permitted to be shown on any video device or television.

(5)

All patrons entering a nightclub shall be subject to a weapons check.

(6)

There shall be no private rooms within a nightclub other than bathrooms, one office, and a kitchen.

(7)

No common areas or access halls with other businesses are allowed. Direct access to the outside building shall be the only non-emergency entrance.

(8)

Back doors shall be configured as "emergency exits" only. These doors must be fully equipped with panic hardware with an audible alarm that sounds when door is opened.

(9)

All nightclubs shall maintain a security camera system capable of recording and retrieving video images, which must be activated and record video during all hours of operation. The nightclub will install and maintain one security camera for every 600 square feet of interior space and adjacent exterior patio areas. The cameras shall continuously capture an unobstructed view of the interior or exterior of the establishment and the interior and exterior images of the entrance and exit doors. The monitors and recording equipment will be located at the establishment. Recorded video images shall be stored for a minimum of 30 days and provided, without court order, to a law enforcement officer within three days of the request and in a format that the police department can utilize. Each nightclub required to have cameras pursuant to this provision shall prominently display signage on the premises to include, at a minimum, at the entrance(s) and one inside the establishment notifying patrons of the presence and use of the security cameras.

(10)

All alcoholic beverages including empty bottles from patrons and employees shall be surrendered at the exit and shall not be taken into the parking lot or outside area.

(11)

All nightclubs shall maintain their premises, and any accessory premises such as parking lots or open space adjacent to such premises, clean and free from trash and debris at all times.

(12)

No one shall loiter outside the nightclub at any time whether the establishment is open or closed.

(13)

Patrons that repeatedly cause disturbances shall be deemed a nuisance and denied entry.

(Ord. No. 2010-05, § 14, 4-8-2010; Ord. No. 2015-09, § 2, 3-12-2015; Ord. No. 2016-20, § 2, 12-8-2016)