23.58 Visibility in Bars
23.58.020 Visibility in bars.
23.58.030 Severability.23.58.010 PURPOSE.
This Chapter is enacted pursuant to the City’s police powers. The purpose of this Chapter is to require all areas in bars that are open for patron use to be readily visible upon entry into the bar, or from public areas outside private rooms that might be provided in bars. This requirement is necessary to discourage illegal activity that might occur in areas that a not readily visible to public view. (Ord. 2004-17 § 1, 2004).23.58.020 VISIBILITY IN BARS.
(a) No bar shall be configured so as to provide private rooms for patron use
unless one of the following conditions is met:
(1) the activities of patrons in the private room may be readily observed by a person entering the bar through its primary entrance; or
(2) visibility into areas not readily observable upon entry through the primary entrance is provided through doorways without doors or other obstructions; or
(3) visibility into areas not readily observable upon entry through the primary entrance is provided through the installation of a 12 square foot window measuring 4 feet in width by three feet in height, the lower edge of which shall be installed at a point 4 feet above the floor (if desired a larger window may be installed.) If visibility is provided through the installation of a window under this subsection, each of the following conditions must be met:
(A) the window shall remain clear and unobstructed at all times;
(B) the doors to the room shall not be equipped with locks of any kind; and
(C) no private room shall be configured so that the installation of the required window will not provide substantially complete visibility into the room to a person standing outside the room on the other side of the window.
(b) For the purposes of this Chapter, a “bar” shall mean a business establishment primarily engaged in the business of selling alcoholic beverages for on site consumption.
(c) The visibility requirement established in this section does not apply to restrooms.
(d) Those bars offering private rooms for patron use in a manner inconsistent with the provisions of this chapter as of the effective date of the ordinance adding this chapter shall be remodeled to satisfy the requirements of this section within 30 days of the effective date of that ordinance. (Ord. 2004-17 § 1, 2004).23.58.030 SEVERABILITY.
In the event any section, clause or provision of this Chapter shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. (Ord. 2004-17 § 1, 2004).