§ 25-2-808. RESTAURANTS AND COCKTAIL LOUNGES.

(A)

A restaurant (general) use must comply with the requirements of this subsection.

(1)

The restaurant must contain kitchen facilities that are adequate for the preparation of the food to be sold. The adequacy of the kitchen facilities is based on the seating capacity of the restaurant and the type of menu offered.

(2)

The menu must provide a variety of entrees, a list of all food items for sale, and the price of each item.

(B)

A restaurant (general) use that serves alcoholic beverages must comply with the requirements of this subsection.

(1)

At least 51 percent of the gross income of a restaurant must be derived from the sale of prepared food.

(2)

An area within a restaurant devoted to the preparation, sale, and consumption of alcoholic beverages may not be operated or advertised under a name different from the restaurant. An outside sign, separate identification, or advertising for the area within the restaurant devoted to the preparation, sale, and consumption of alcoholic beverages must be incidental to and in conjunction with the restaurant use.

(3)

Live entertainment is permitted if the amplified sound does not exceed 70 decibels, measured at the property line of the licensed premises. In this paragraph, "premises" has the meaning ascribed to it in the Texas Alcoholic Beverage Code.

(4)

The building official may order a verified audit that includes documents submitted to taxing authorities. A person's failure to timely produce requested documents is prima facie evidence of a violation of this chapter.

(C)

A restaurant that requires a late-hours permit from the Texas Alcoholic Beverage Commission is a conditional use if:

(1)

Article 10 ( Compatibility Standards ) applies to the restaurant; and

(2)

Article 10 ( Compatibility Standards ) is not waived in accordance with Article 10, Division 3 ( Waivers ).

(D)

For a cocktail lounge or a restaurant with a late-hours permit:

(1)

all parking must be shown on the site plan that is required for a conditional use permit or compatibility standards waiver; and

(2)

compliance with the parking area setback described in Section 25-5-146 ( Conditions Of Approval ) is required.

Source: Section 13-2-263; Ord. 990225-70; Ord. 031211-11.