19810714 1981-11ORDINANCE NO. 1981-11
AN ORDINANCE AMENDING CHAPTER 26 OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA TO ADD NEW
DEFINITION FOR "ENTERTAINMENT" ~D "REFRESHMENT AREA" AND
TO AMEND THE DEFINITIONS OF "DANCING AREA" ~D "RESTAURANT" AND
TO REGULATE THESE USES.
BE IT ORDAINED, by the City Council for the City of
Fairfax, Virginia, that Section 26-4 of the Code of the City of
Fairfax, Virginia, be and is hereby amended to add new
definitions for "Entertainment" and "Refreshment Area" and to
amend the definitions of "Dancing Area" and "Restaurant" and to
amend Sections 26-138(b)(7), 26-139(b), 26-149(b)(7), 26-150(b),
26-165(b), 26-166, 26-166 (d), 26-170(b), 26-171, 26-171 (k),
26-175(b), 26-176 and 26-176(j):
1. Section 26-4 is amended to add in alphabetical
sequence the terms "Entertainment" and "Refreshment Area" to
read as follows:
"Entertainment. An ancillary use in a restaurant
which use provides live, participatory, audio, visual,
video or other recorded shows, acts, events or
amusements for the benefit of patrons in the
restaurant. This term shal 1 not include amusement
machines, dancing areas, movie theatres or theatres
other than movie theatres."
"Refreshment area. Any establishment
food or refreshments for compensation which:
serving
(a) Is an ancillary use within a principal
use;
(b) Exists primarily for the comfort,
convenience or necessity of the occupants,
customers or workers in the principal use;
and
(c) Does not occupy mere than fifteen
percent (15%) of the gross floor area of the
principal use."
2. Section 26-4 is amended to change the definitions of
the terms "Dancing Area" and "Restaurant" to read in their
entirety as follows:
"Dancin~ Area. An area for dancing, operated as
an ancillary use to a restaurant, which area
(including any area used to provide music for said
dancing) is not less than four hundred (400) square
feet or more than twenty-five percent (25%) of the
gross floor area of the restaurant."
"Restaurant. Any building or part thereof which:
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(a) Has as its primary function, the
preparation on the premises and service on
the premises of food, meals, and
refreshments for compensation at tables,
booths and counters;
(b) Has three thousand (3,000) or more
square feet of gross floor area;
(c) Has ninety-five (95) or more seats, at
least sixty percent (60%) of which shall be
at tables or booths;
(d) Does not permit more than twenty-five
percent (25%) of its customers to consume
their food, meals, and refreshments outside
the restaurant; and
(e) Derives more than seventy percent (70%)
of its gross receipts from the preparation
and service of food, meals, and
refreshments."
3. Subsection 26-138(b) (7) is amended to read in its
entirety as follows:
"(7) Restaurants."
4. Subsection 26-139(b) is amended to read in its
entirety as follows:
"(b) Commercial:
( 1 ) Theatres other than movie theatres;
(2) Dancing areas, provided that such areas,
together with any entertainment and
ancillary amusement machine use, shall not
exceed twenty-five percent ( 25% ) of the
gross floor area of the restaurant;
( 3 ) Entertainment, provided that such
entertainment, together with any dancing
area and ancillary amusement machine use,
shall not exceed twenty-five percent (25%)
of the gross floor area of the restaurant."
5. Subsection 26-149(b)(7) is amended to read in its
entirety as follows:
"(7) Restaurants;"
6. Subsection 26-150(b) is amended to add (4) and (5) as
follows:
"( 4 ) Dancing areas, provided that such
areas, together with any entertainment and
ancillary amusement machine use, shall not
exceed twenty-five percent (25%) of the
gross floor area of the restaurant;
( 5 ) Entertainment, provided that such
entertainment, together with any dancing
area and ancillary amusement machine use,
shall not exceed twenty-five percent (25%)
of the gross floor area of the restaurant."
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8. Subsection 26-16 5 (b) is amended to read in its
entirety as follows:
"(b ) Clinics, schools of special instruction,
complying with division 9 of article II except that a trade
school may be operated only in a district where the
practice of the particular trade taught is permitted as a
commercial enterprise, pharmacies or medical supply
services, barber shops, beauty shops, restaurants,
refreshment areas, news stands, photographic services,
florists, gift shops, optical stores and services, are
permissible by right; provided, they are located completely
within a said professional, governmental or business office
building, and provided further that such uses do not occupy
more than twenty percent (20%) of the total usable floor
space of said office building;"
9. Subsection 26-166(d) is amended to read in its
entirety as follows:
"(d) Dancing areas, provided that such areas, together
with any entertainment and ancillary amusement machine use,
shall not exceed twenty-five percent (25%) of the gross
floor area of the restaurant;"
10. Subsection 26-166 is amended to add (i) as follows:
"(i) Entertainment, provided that such entertainment,
together with any dancing area and ancillary amusement
machine use, shall not exceed twenty-five percent (25%) of
the gross floor area of the restaurant."
11. Subsection 26-170(b) is amended to read in its
entirety as follows:
"(b) Clinics, schools of special instruction,
complying with division 9 of article II except that a trade
school may be operated only in a district where the
practice of the particular trade taught is permitted as a
commercial enterprise, pharmacies or medical supply
services, barber shops, beauty shops, restaurants,
refreshment areas, news stands, photographic services,
florists, gift shops, optical stores and services;"
12. Subsection 26-171(k) is amended to read in its
entirety as follows:
"(k) Dancing areas, provided that such areas, together
with any entertainment and ancillary amusement machine use,
shall not exceed twenty-five percent (25%) of the gross
floor area of the restaurant;"
13. Section 26-171 is amended to add subsection (r) to
read as follows:
"(r) Entertainment, provided that such entertainment,
together with any dancing area and ancillary amusement
machine use, shall not exceed twenty-five percent (25%) of
the gross floor area of the restaurant."
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14. Subsection 26-175(b) is amended to read in its
entirety as follows:
"(b) Clinics, schools of special instruction,
complying with division 9 of article II except that a trade
school may be operated only in a district where the
practice of the particular trade taught is permitted as a
commercial enterprise, pharmacies or medical supply
services, barber shops, beauty shops, restaurants,
refreshment areas, news stands, photographic services,
florists, gift shops, optical stores and services;"
15. Subsection 26-176(j) is amended to read in its
entirety as follows:
"( j ) Dancing areas,, provided that such areas,
together with any entertainment and ancillary amusement
machine use, shall not exceed twenty-five percent (25%) of
the gross floor area of the restaurant;"
16. Section 26-176 is amended to add subsection (s) to
read as follows:
"(s) Entertainment, provided that such entertainment,
together with any dancing area and ancillary amusement
machine use, shall not exceed twenty-five percent (25%) of
the gross floor area of the restaurant."
This ordinance shall become effective immediately upon
adoption.
Hearing before Planning Commission:
Hearing before City Council:
July 13, 1981
July 14, 1981
Adopted:
July 14, 1981
ATTEST: MAYOR