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ORDINANCE 'NO. 6 3 6 8
AN ORDINANCE OF THE CITY C.OUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REPEALING SECTION 18.04.185
OF THE CITY CODE, CREATING. SECTIONS 18.04.623,
18.04.855, 18.04.894 AND 18.04.911 OF THE CITY CODE,
AND AMENDING SECTIONS 18.26.020, 18.28.020, 18.29.053,
18.30.020, 18.32.020, 18.34.020 OF THE AUBURN CITY
CODE FOR THE PURPOSE OF ALLOWING THE.
FOLLOWING LAND USES W,THE DOWNTOWN URBAN
CORE, AND THE COMMERCIAL AND INDUSTRIAL ZONING
DISTRICTS; SMALL CRAFT DISTILLERIES, SMALL CRAFT
BREWERIES, WINE PRODUCTION FACIUTIES AND
TASTING ROOMS
WHEREAS, there is currently what is referred to as a"beer renaissance° which is
all about choice, flavor and the art of brewing; and
WHEREAS, the Pacific Northwest is one of the major areas of badey production in
the country, it is expected that the support for small craft breweries and distilleries will remain,
and WHEREAS, the indusfry has an associated element of tourism, small business .
promotion and local economy of buying and selling products, and
WHEREAS, the question of whether to allow small craft breweries was raised by
staff to the Planning and Community. Development Committee in October of 2010; and
WHEREAS, staff gained further direction from the Planning and Community Devel-
opment Committee at the March 28, 2011 meeting; and
WHEREAS, staff presented the proposed ordinance to the Planning Commission on
May 3, 2011 as a workshop, and afi the May 17, 2011 meeting as a public hearing; and
WHEREAS, the Planning Commission recommended that the City Council adopt the
proposed ordinance amendments.
Ordinance No. 6368 June 29, 2011
Page 1 of 15
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHING-
TON, DO ORDAIN as follows:
Section 1. Repeal of City Code Section. That Section 18.04.185 of the Aubum
City Code be and the same hereby is repealed.
Section 2. Creation of new Sections to City Code. That a new Section 18.04.623
of the Auburn City Code, Microbrewery or a small craft brewery, be and the same hereby is
created to read as follows:
18.04.623 Microbrewery or a small craft brewery,
"Microbrewery or a. small craft brewery" means a production facility that
manufactures beer. A microbrewery may sell beer of its own production at retail for on
and off-premises consumption, and may act as a distributor for beer of its own
production.
Section 3. Creation of new Sections to City Code. That a new Section 18.04.855
of the Aubum City Code, Small craft distillery, be and the same hereby is created to read as
follows:
18.04.855 Srnall craft distillery. "Small craft distillery" means a production facility that manufactures distilled
spirits that can contract distilled spirits for, and sell distilled spirits to, holders of distillery
license, manufacturer's licenses and grower's licenses.
Section 4. Creation of new Sections to City Code. That a new Section 18.04.894
of the Aubum City Code, Tasting room, be and the same,hereby is creafed to read as follows:
18.04.894 Tasting room.
°Tasting room" means `a Iocation separate from, or on the same site as, the
production/manufacturing sife, that allows customers to taste samples of wine, beer, or
other alcoholic beverage and has a State of Washington issued liquor license to
operate a tasting room. In addition to sampling of alcoholic beverages, a tasting room
may include retail sales for off=premise consumption,
Ordinance No. 6368
June 29, 2011
Page 2 of 15
Section 5. Creation of new Sections to City Code. That a new Section 18.04.911
of the Aubum City Code, Wine pcoduction facility, be and the same hereby, is created to read as
follows: 18.04.911 Wine production facility
°Wine production facility" means a production facility that manufactures wine. A
wine production facilify may sell wine of ifs own production at retail for on and off-
premises consumption, and may act as a distributor for wine of its own production.
Section 6. Amendment to Section 18.26.020 C1 Light Commercial District That
Section 18.26.020 of the Aubum City Code be and the same hereby is amended to read as fol-
lows:
18.26.020 Permitted uses.
Hereafter all buildings, structures or parcels of land shall only be used for the fol-
lowing, unless otherwise provided for in this title:
A. Art, music and photography studios;
B. Automobile parking facilities;
C. Bakery and past_ry shops,_ products made must be sold at retail on premises;
D. Banking and relafed financial institutions, excluding drive-in facilities;
E. Bowling alleys;
F. Caretaker apartment; `
G. Civic, social and fraternal clubs;
H. Daycare, including home-based, mini daycare, daycare center, preschools or
nursery schools;
1. Delicatessens;
_ J. Dry cleaning and laundry services;
K. Funeral homes;
L. Grocery stores;
M. Hobby shops;
N. Hospitals, to include small animal, but does not allow outside runs or kennels;
0. Hotels;
P. Laundry, self service;
Q. Liquor store;
R. Massage parlors;
S. Meeting rooms and/or 'reception facilities;
T. Motels; ,
U. Newsstands;
V. News syndicate.services;
W. Nursing, home;
X. Personal service.shops; .
Y: Pharmacies;
Z. Printing and publishing;
AA. Professional offices;
Ordinance No. 6368
June 29, 2011
Page 3 of 15
BB. Radio and television broadcasting studios;
CC: Retail stores and shops, including department and variety stores which offer
for sale the following, and similar related gooda
1. Antiques,
Art supplies,
3. Automobile parts and aceessories, excluding service and machine shops,
4. Baked goods,
,5. Beverages,
6. Bicycles,
7. Books and magazines, 8. Candy, nufs, and confectionery,
9. Clothing,
10. Computers,
11. Dairy products,
12. Dry goods,
13. Flowers and house plants,
14. Fruits and vegetables;
15. Fumiture and home fumishings,
16. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper and
related goods,
17. Home garden supplies,
18. Household appliances,
19. Household pets,
20. Housewares,
21., Jewelry and clocks,
22. Meat, fish and poultry, preprocessed,
23. Notions,
24. Office supplies and equipment,
25. Photographic equip"ment, including finishing,
26. Radio, television,. and stereos,
27: Shoes,
28. Sporting goods,
29. Stationery,
30. Toys; .
' DD. Religious institutions;
EE. Restaurant, including outdoor seating, but excluding drive-in facilities. Sale of
alcoholic beverages is a secondary use and is limited to on-premises consumption;
FF. Schools, including art, business, barber, beauty, dancing; martial arts and
music; GG. Secretarial' services;
HH. Theaters, except drive-in; II. Other uses may be permitted by the planning director or designee if the use is
determined to be consistent wifh the intent of the zone and is of the same general char-
acter ofithe uses permitted in this section;
JJ. Apartments, within the North Aubum Business Area as established by Reso-
lution 2283, provided they are Jocated.in a multistory building and at least 50 percent of
the gross floor area of the ground floor must contain a permitted use or combination of
uses, other than parking, as listed in this section. The remaining 50 percenf (or portion
thereof) of the ground floor may be apartments, conditionally permitted uses, lobby area,
Ordinance No. 6368
June 29, 2011
Page 4 of 15
recreation, or other uses needed to maintain the building. There are no minimum lot area
per dwelling unit density calculations to apply to determine the maximum number of
dwelling units allowed; rather, density shall be limited by the application of other required
development regulations to the proposal including, but not limited to, off-street parking;
setbacks, and landscaping;
KK. Mixed=use development; provided, that each use is a permitted or conditional
use within the zone;
LL. Multiple-family dwellings as part of a mixed-use development; provided, that
compliance to all of the following is demonstrated:
1. Multiple-family dwellings shall only occar concurrent with or subsequent to the.
development and construction of nonresidential components of the mixed-use develop-
ment;
2. Applications for mixed-use development inclusive of multiple-family residential
dwellings shall include transportation and traffic analyses appropriate to the type and
scale of the proposed development based on the concurrenf determination of the plan-
ning director and city engineer. The planning director and city engineer may require the
analysis to address, including; but not limited to, a:m, or p.m. traffc impacts; and/or area
circulation planning for motorized and nonmotorized modes of travel and connectivity;
and/or transportation demand management (TDM) strategies;
3. Applications for the mixed-use development inclusiVe of multifamily residential
dwellings shall include written and plan information demonstrating compliance to appli-
cable design standards for mixed-use development contained in the city of Aubum multi-
family and mixed-use design standards;
4. Applications for the mixed-use development inclusive of multifamily residential
dwellings shall comply, as applicable, with the neighbofiood review meeting require-
ments of ACC 18.02.130 (Neighborhood review meeting);
5. Mixed-use development comprised of a maximum ofi one building on a devel-
opment site shall have the entire ground floor comprised ofi one or more commercial re-
tail, entertainment or office uses that are permitted outright or conditionally; provided,
that uses :normal and incidental to the building, including, but not limited to, interior en-
trance areas, elevators and associated waiting areas, mechanical rooms, and gar-
bage/recycling areas, may be allowed on the ground flooc, except that non-street front-
age vehicle garages located on the ground floot togefher with all other normal and inci-
dental uses shall occupy a maximum of 50 percent of the ground floor space; and
6. Mixed-use development that is geographically distributed on a development
site amongst two or more buildings shall have a minimum of 50 percent of the cumula-
tive building ground floor square footage comprised of one or more commercial retail,
entertainment or office uses that are permitted outright or conditionally;
MM. SFew pubsWine qroduction facilitv; Small craft distillenr; Small craft brew-
erv; and tastinq room.
NN. Household goods "storage, provided the following requirements are met:
1. No more than two main entrances and/or exits to the building and access to
the individual storage areas shall be from the inside of the building;
2. Landscaping and architectural improvements required to ensure compatibilify
with present and potential C-9 uses in the vicinity. (Otd. 6269 § 8, 2009; Ord. 6253 § 1,
. 2009; Ord. 5666 § 1, 2002; Ord. 4547 § 4(Exh. B), 1992; Ord. 4229 § 2, 1987.)
Ocdinance No. 6368
June 29, 2011
Page 5 of 15
Section 7. Amendment to Section 18.28.020 C2 Central Business District That
Section 18;28A20 of the Auburn City Code be and the same hereby is amended to read as fol-
lows:
18.28.020 Permitted uses.
Hereafter, alf buildings, structures, or parcels of land shall only be used for the
following, unless otherwise provided for in this title: •
A. Apartments, provided they are located in a multistory building the ground floor
of which must contain a permitted use as listed in subsections B through HH of this sec-
tion. No density limitations shall apply;
B. Art, music and photography studios;
C. Aufomobile parking facilities;
D: Bakery and pastry shops; products made must be sold at retail on premises;
E. Banking and related financial institutions. For dhve-in facilities see ACC
18.28.025(C);
F. Caretaker apartment;
G. Civic; social; and fratemal clubs;
H. Daycare, including home-based, mini daycare, daycare center, preschools or
nursery schools;
1. Delicatessens; :
J. Dry cleaning and laundry services;
K. Grocery stores;
L. Health and physical fitness clubs;
M. Hobby shops;
N. Hospitals, to include small animal, but does not allow outside runs or kennels;
0. Hotels;-
P. Laundry, self service;
Q. Liquor sfore;
R. Massage therapy;
S. Meeting rooms and/or reception facilities;
T. Motels;
U. Newsstands;
V. News syndicate services;
W. Nursing homes;
X. Personal service shops;
Y. Pharmacies;
Z. Printing and publishing;
AA. Professional offices; .
BB. Radio and television broadcasting sfudios; "
CC. Retail stores and_ shops, including department and variety stores which offer
for sale the following and similar related goods:
1. Antiques,
2. Art supplies;
3. Automobile parts and accessories, excludes service and machine shops;
4. Baked goods; 5. Beverages; 6. Bicycles;
Ordinance No. 6368
June 29, 2011
Page 6 of 15
7. Books and magazines; 8. Candy, nuts, and confectionery;
9. Clothing;
10. Computers;
11. Dairy products;
12. Dry goods;
13. Flowers and houseplanfs;
14. Fruits and vegetables;
. 15. Furniture and home furnishings;
16. Hardware, including electrical,, heating, plumbing, glass, paint, wallpaper and
related goods;
17. Home garden supplies;
° 18. Household appliances;
19. Household pets;
20. Housewares;
21. Jewelry and clocks;
' 22: Meat, fish and poultry, preprocessed;
23. Notions;
24. Office supplies and equipment;
25. Photographic equipment, including finishing; 26. Radio, television, and stereos;
27. Shoes;
28. Sporting goods;
29. Stationery;
30. Toys;
DD. Religious institutions;
' EE. Restaurants, including outdooc seating; For drive-in facilities, see ACC
18.28.025(C). Sale of alcoholic beverages is only allowed pursuantto ACC 18.04.804;
FF. Schools, including art, business, barber, beauty, dancing, martial arts and
music;
GG. Secretarial services;
HH. Theaters, except drive-in;
II. Other uses may be permitted by the planning director or designee if the use is
determined to be consistent with the intent of the ione and is of the same general cha-
racter of the uses permitted in this section;
JJ. Commuter rail stations and bus transfer stations;
KK. Commercial recreation. Outdoor recreafion areas may be allowed but must
be part of and incidental to the principally permitted commercial recreation use. The out-
door area can` be no larger than 25 percent of the floor area of the building of the asso-
ciated commercial recreation use. The entire perimeter of the outdoor reation area
must be landscaped with a five-foot width of Type III landscaping pursuant to ACC
18.50.040(C) unless existing building walls are used;
I LL. OFew-pubsWine production facilitv; Small craft distilterv; Small craft breweev;
and tastinq room;
MM. Apartments, no density limitations are applied. The first floor of any apart-
menf building that has frontage on Main Street shall contain a use, other than residential
or parking, which is otherwise permitted by the C-2 zone. Only that portion of the frst
floor that fronts on Main Street needs to be occupied by the nonresidential use. All
apartment projects on Main Street must meet these requirements and then will be consi-
Ordinance No. 6368
June 29, 2011
Page 7 of 15
sidered a permitted use and therefore a conditional use permit is not required. (Ord. .
6269 § 10, 2009; Ord. 5555 § 1, 2001; Ord. 5510 § 1, 2001; Ord. 5193 § 1, 1998; Ord.
4914 § 1, 1996; Ord. 4229 § 2, 1987.)
Section 8. Amendment to Section 18.29.053 Uses/activites requiring an admin-
istrative use permit in the DUC Downtown Urban Center District That Section 18.29 of the
Aubum City Code be and the same hereby is amended to read as follows:
:18.29.053 Uses/activities requiring an adminisfrative use permit
The following uses/aetivities may be permitted when an administrative use permit
has been issued pursuant to the provisions of Chapter '18.64 ACC:
A. Expansions of existing automobile maintenance and repair businesses;
B. Expansions of existing gasoline stations; _
C. Animal daycare businesses that feature outdoor exercise areas and/or ken-
nelsi
D Wine qroduction facilitv; Small craft distillerv; Small craft brewerv; a_ tastinq
room is an outright allowed use in the DUC zone. (Ord. 6269 § 32, 2009.)
- Section 9. Amendment to Section 18.30.020 permitted uses in the C3 Heavy
Commercial District That Section 18.30.020 of the Aubum City Code be and the same hereby
is amended to read as follows:
18.30.020 Permitted uses.
Hereafter all buildings, structures, or parcels of land in the C-3 district shalt only
be used for the following; unless othennrise provided for in this title:
A. Arcades;
B. Art, music and photography studios;
C. Auction houses, excluding animals;
D. Automobile parking facilities;
E. Automobile repair services;
F. Automobile sales, new and/or used;
G. Automobile and truck rental;
H. Automobile seryice stations;
1. Automobile washes;
J. Bakery and pastry shops, products made must be sold at retail on the prem-
ises;
K. Banking and-related financial institutions;
L. Bingo halls;
M. Building contractor senrices; including storage yards;
N. Bus passenger terminals;
0. Caretaker apartments;
P. Civic, social and fratemal associations;
Q. Commercial recreation;
Ordinance No. 6368
June 29, 2011 ` Page 8 of 15
I
R. Dancehalis; S. Daycare, including home based, mini daycare, daycare centers, preschool or
nurse .ry schools;
T. Delieatessens;
U. Dry cleaning and laund_ry services;
V. Equipment rental and leasing, does not include heavy construction equipment;
W. Food locker services;
X..Funeral homes;
Y. Grocery stores;
Z. Health and physical fitness clubs,
AA. Hobby shops; .
BB. Hospitals, to include small animal, but does not allow outside nans or ken- nels;
CC. Hotels;
DD. Laundry, self-service;
EE. L'iquor store;
FF. Lumber yards;
GG: Manufactured/mobile home sales lots;
HH. Massage parlor;
II. Meeting rooms and/or reception facilities;
JJ. Mini-storage warehouses;
KK. Mofels;
LL. Motorcycle sales and service;
MM. Newsstands; `
NN. News syndicate services;
00. Personal service shops;
PP: Pharmacies;
QQ. Printing and publishing;
' 'RR. Professional offices;
SS. Radio and television broadcasting studios;
TT. Recreational vehicle parks; UU. Recreational vehicle sales lots;
W. Restaurants;
W1N. Retail stores and shops, including department and variefy stores which of-
fer for sale the following and similar related goods:
1. Antiques,
2. Art supplies,
3. Automobile parts and accessories,
4. Baked goods,
5. Beverages,
6. Bicycles,
7. Books and magazines,
8: Candy, nuts and confectionery,
9. Clothing,
10: Computers,
11. Dairy products,
12. Dry goods, 13: Flowers and house plants,
14. Fruits and vegetables,
Ordinance No. 6368
June 29, 2011
Page 9 of 15
15. Fumiture and home fumishings,
16. Garden and farm supplies,
17. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper, and
related goods,
18. Home garden supplies,
19. Household appliances,
20. Household pets,
21. Housewares,
22. Jewelry and clocks,
23. Meat, fish, and poulfry, preprocessed,
24. Notions,
25. Nursery and horticultural products,
26. Office supplies and equipment,
27. Photographic equipment, including fihishing,
28. Radio, television, and stereos,
29. Shoes,
30. Sporting goods, 31. Stationery,
32. Toys;
XX. Reupholstery and fumiture repair;
YY. Schools, including art, business, barber, beauty; dancing, driving, martial arts
and music;
ZZ. Secretarial services;
AAA. Skating arenas;
BBB. Storage warehousing, limited to being incidental to principal permitted use
on property;
CCC. Suntanning beds; .
DDD. Tavems;
EEE. Theaters, including drive-in;
FFF. Truck sales, with repairas a secondary use;
GGG. Other uses may be permitted by the planning director if the use is deter-
mined to be consistent with the intent of the zone and is of the same general character
of the uses permitted in this section;
HHH. BFew pubS Wine production facilitv; Small craft distillerv; Small craft brew- •
ery; and tastina room;
III. Sexually oriented businesses as provided in Chapter 18.74 ACC. (Ord. 5835
§ 3, 2004; Ord. 5383 § 2000; Ord. 4910 § 1, 1996; Ord: 4229 § 2, 1987.)
Sectoon 10. Amendment to Section 18.32,020 permitted uses in the M1 Light In-
dustrial District That Section 18.32.020 of the Aubum City Code be and the same hereby is
amended to read as follows:
18.32.020 Permitted uses:
Hereafter all buildings, structures, or parcels of iand in an M-1 lighf indusfrial dis-
trict shall only be used, for the following, unless othecwise provided for in this title:
A. Automobile service and repair;
Ordinance No. 6368
June 29, 2011
Page 10 of 15
B. Automobile washes;
C. Banks and financial institutions;
- D. Building and construction contracfor services;
E. Caretaker quarters, not more than one per establishment;
F. Cold storage plants;,
G. Daycare, including mini daycare centers, daycare centers, preschools or nur-
sery schools;
H. Equipment renfal and leasing;
1. Gasoline filling station;
J. General offices;
K. Health and physical fitness clubs;
L. Horticultural; nurseries, excluding soil mixing;
, M. Household movers and storage;
N. Janitorial services;
0. Job training and vocational rehabilitation;
P. Manufacturing, assembling and packaging of articles, products and merchan-
dise when conducted entirely within an enclosed building;
Q. Mini-storage warehouses;
R. Motels and hotels;
S. Multiple-fam_ily dwellings, provided they are Iocated in a multi-story building the
ground floor of which must contain one of the following uses listed in subsections C, J,
K, T, W, X, Z and AA of'this section. The ground floor may contain entrance and lobby
areas which serve the dwellings;
T. Personal service shops;
U. Printing, publishing, and allied industries including such processes as lithog-
raphy, etching, engraving, binding, blueprinting, photocopying, and film processing;
V. Research, development and testing;
W. Restaurants;
X. Retail sales of all types;
~ Y. Retail sales and rental of automobiles, trucks, motorcycles, recreational vehi-
cles and boats;
Z. Reupholstery and furniture repair;
AA. Small appliance repair;
. BB. Warehousing and distribution facilities, to include wholesale trade not open
to the general public: This includes motor freight transportation as an incidental use but
specifically excludes motor freight transportation as the principal use of the property;
CC. Other similar uses and accessory uses and buildings appurtenant to a prin-
cipal use which the planning direcfor or designee fnds compatible with the principal
permitted uses described in this chapter and consistent with the purpose and intent of
the M-1 zone;
DD: Sexually oriented businesses as provided in Chapter 18.74 ACC;
EE. Commercial recreation, including animal race tracksi
FF. Wine production facility; Small craft distillerv; Small craft brewerv; and tastinQ
room .(Ord. 6269 § 14, 2009; Ord. 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 5863 § 1,
2004; Ord. 5835 § 5, 2004; 0~d. 4910 § 1, 1996; Ord. 4294 § 1(15), 1988; Ord. 4249 §
1, 1987; Ord. 4229 § 2, 1987.)
Ordinance No. 6368
June 29, 2011
Page 11 of 15
Section 11. Amendment to Section 18.34.020 permitted uses in the M2 Heavy In- .
dustrial District That Section 18.34 of the Aubum City Code be and #he same hereby is
amended to read as follows:
'i 8.34.020 Permitted uses.
Hereafter all buildings, sfructures, or parcels of land in an M-2 district shall only
be used for the following, unless otherwise provided for in this title:
A. Automobile and vehicle sales, service and repair; ,
- B. Automobile washes;
C. Banks and financial institutions; :
D. Basic wood.processing including sawmills, planing mills, veneering and lami-
nating of wood;
E. Building and construction contractor services, including storage yards;.
F. Building movers;
G. Caretaker quarters, not more than one per establishment;
H.. Convenience grocery stores;
1. Enameling, galvanizing and electroplating;
J. Equipment rental and leasing and sales;
K. Equipment repair'and storage;
. L. Gasoline filling station;
M. General offices including corporate headquarters;
N. Health and physical fitness clubs;
0. Heavy equipmerrt and truck repair;
P. Household movers and storage;
Q. Janitorial senrices;
R. Job training arid vocational education;
S. Lumber yards;
T. Manufacturing, assembling and packaging of articles, products, or merchan-
dise;
U. Mini-storage warehouses;
V. Motor freight terminals and transportation;
W. On-site daycare serving a specffied permitted use;
X. Outside storage yards;
Y. Personal service shops;
Z. Printing,.publishing; and allied industries including such processes as lithogra-
phy, etching,-engraving, bind'ing, blueprinting, photocopying, and film processing;
AA. Research, developmenfi and testing;
BB. Restauranfs;
CC. Retail sales of the following and similar related products:
1. Bottled gas;
2. Computers;
3. Farm and garden supplies;
4. Hardware and equipment;
5. Lumber and building materials;
6. Office supplies;
DD. Retail and wholesale trade of products manufactured, processed or assem-
bled on-site; '
Ordinance No. 6368
June 29, 2011
Page 12_ of 15 ,
EE. Reupholstery and furniture repair,
FF. SmaIF appliance repair;
GG. Warehousing and distribution facilities, #o include wholesale trade not open
to general public;
HH. Other similar uses and accessory uses and buildings appurtenant to a prin-
- cipal use which the planning director finds compatible with #he principal permitted uses
described in`this chapter and consistent with the purpose and intent of the M-2 zone; '
II. Sexually oriented businesses as provided in Chapter 18.74 ACC. LL. Wine qrodaction facilitv; Small craft distillerv; Small craft brewerv; and tastinq
room. (Ord. 6033.§ 2, 2006; Ord. 5835 § 7, 2004; Ord. 4910 § 1, 1996; Ord; 4662 § 2,
1994; Ord. 4304 § 1(20) -(23), 1988; Ord. 4229 § 2, 1987.)
Section 12. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this legislation.
Section 13. Severabilitv. The provisions of this ordinance are declared to be sepa-
rate and severable. The invalidity of any clause, serrtence, paragraph, subdivision, section or
portion of this ordinance, or the invalidity of the application thereof to any person or circum-
stance shall not affect the validity ofithe remainder of this ordinance, or the validity of its applica-
tion to other persons or circumstances.
Section 14. Effective date. This ordinance shall take effect and be in force five days
from and after its passage, approval, and publication as provided by law.
INTRODUCED: JU~,.b ~ZO7 .
PASSED: - b z011
APPROVED:
CI A .
PETER B. LEWIS
MAYOR
ATTEST:
~
ba ' Ile E. Daskam, City Clerk
Ordinance No. 6368
June 29, 2011
Page 13 of 15
APPRO AS TO FORM:
Qarrb-113. ei , ity Attiomey -
Published:
Ordinance No. 6368
June 29, 2011
Page 14 of 15
TEXT OF CODE SECTION BEING REPEALED
18.04.185 Brew pub.
"Brew pub,° also known as a°microbrewery,," means an eating and drinking establish-
ment which includes the brewing ofi beer, ale or malt beverage as an accessory use to a
full-service restaurant. The amount of beverage produced on the pcemises cannot be
less than 240 barrels or exceed 2,400 barrels in any calendar year. 'No more than 30
pereent of the ptoduct brewed may be sold off=premises in. either bottles or kegs. A
loading and unloading area must. then be provided for. A full-service restaurant as de-
fined by ACG 18.04.804 must occupy at least 51 percent of the gross floor area of the
brew pub and restaurant, combined. Any brew pub that does not.meet the requirements
ofthis definition will be considered a tavem as defined by ACG 18.04.895. (Ord. 6245 §
3, 2009; Ord. 5382 § 1, 2000.)
Ordinance No. 6368 -
June29, 2011
Page 15 of 15