§ 16-28.026. Enforcement of parking requirements for eating and drinking establishments that derive more than 60 percent of their gross income from the sale of malt beverages, wine and/or distilled spirits.

(a)

Any eating and drinking establishment having a license for the on-premises consumption of malt beverages, wine and/or distilled spirits at the time of the passage of this ordinance, and which has otherwise satisfied the parking requirements in effect prior to its passage of this ordinance, shall not be required to provide additional parking if it derives more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits. Where such use is abandoned, any new use at the location shall be required to meet all current parking requirements.

(b)

Any eating and drinking establishment beginning operation after the passage of this ordinance providing required parking only for eating and drinking establishments and which derives more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits and which does not provide the increased parking where required by the district zoning regulations shall be given 12 months after the issuance of a correction notice to provide the required parking at the increased level or being granted a special exception to reduce parking before further enforcement action may be taken. Such notice of correction shall be effective as to any persons who may take control or ownership of the establishment after the date that such notice is issued.

(c)

The director of the bureau of buildings is authorized to request from the business license applicant of an eating and drinking establishment subject to the increased parking requirement for those establishments which derives more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits, permission to access such documentation in the custody and control of the city as is necessary to establish whether the establishment provides the required amount of parking. The refusal to provide such permission shall not be a violation of this ordinance but the director shall find that the-establishment is to provide the number of parking spaces for those establishments, which derive more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits.

(Ord. No. 2005-41(06-O-0381), § 56, 7-12-05)