Agenda - 10-3-16 Reg. Meeting - Laserfiche WebLink

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0255 A "wine shop" that does not meet the requirements of this section shall be deemed an entertainment establishment for the purpose of zoning and land use classification and shall have to comply with the standards of Section 5.26 of this Ordinance. 5.43.2 APPLICABILITY This section shall apply to any wine shop establishment as defined in Section 5.43.1. 5.43.3 LOCATION Wine Shops shall be permitted in the HC, C-1, C-2, CBD, LI, HI, PUD and TND zoning districts subject to design standards as set forth in section 5.43.4. 5.43.4 STANDARDS 5.43.4.1 A wine shop may sell wine for consumption on the premises, provided that the on - premises consumption of wine constitutes an accessory and incidental use to the wine shop. 5.43.4.2 A wine shop that also has the requisite state permit(s) that allows retail sales of malt beverages for on -premises consumption, in accordance with G.S.18B-1001 as amended, may sell both wine and malt beverages for consumption on the premises, provided that the combined on - premises consumption of wine and malt beverages constitute an accessory and incidental use to the primary retail use wine shop. 5.43.4.3 For purposes of this section, on -premises consumption of wine and malt beverages shall be deemed an accessory and incidental use to a wine shop, provided the combined sale of wine and malt beverages for consumption on the premises does not exceed 40% of the wine shop's total sales of wine and malt beverages including both on -premises and off -premises consumption, for any 30 -day period. The term "sale(s)" as used herein shall be the receipt of payment for the wine and malt beverages sold and/or consumed and shall not be a measure of the volume of wine and malt beverages sold and/or consumed. 5.43.4.4 Records related to the wine shop's total sales of wine and malt beverages for both on - premises and off -premises consumption shall be maintained on the premises for not less than one year and shall be open for inspection and audit at all reasonable hours when the establishment is open for business by the Zoning Enforcement Officer. The Zoning Enforcement Officer may view the records on the premises or may request that copies of the written records be delivered to the city. The requirements of this subsection shall be for the purpose of determining compliance with subsection (S) (3) above. 5.43.4.5 No wine shop that includes the on -premises consumption of wine and malt beverages shall be located within a 200 -foot radius, including street rights-of-way, of an existing or approved public or private club, or entertainment establishment that includes the on -premises consumption of wine and malt beverages. The required measurement shall be from the building or structure containing the wine shop to the nearest property line of the parcel containing the existing or approved public or private club, or entertainment establishment that includes the on -premises consumption of wine and malt beverages.