HomeMy Public PortalAbout066-2009 - General - Creating Chapter 62 - Riverfront DistrictORDINANCE NO. 66-2009
A SPECIAL ORDINANCE CREATING CHAPTER 62 OF CITY CODE
ESTABLISHING RIVERFRONT DISTRICTS AND GUIDELINES FOR ALL
RIVERFRONT DISTRICTS
WHEREAS, Indiana Code 7.1-3-20-16 allows for and authorizes the issuance of specified,
non -transferable permits to sell alcoholic beverages on premises for consumption
in a restaurant on land or in a historic river vessel within a municipal riverfront
development project funded in part with state and city money; and
WHEREAS, On December 19, 2005 the Common Council of the City of Richmond, Indiana
adopted and passed Resolution 8-2005 which confirmed and established the
Richmond Riverfront District; and
WHEREAS, Center City Development Corporation selected the area bounded on the North by
North A; on the East by South 12th Street; on the West by North 5th Street and on
the South by South A Street as an area within the uptown business district, set
apart for development and redevelopment as part of a municipal riverfront project
and qualifying for all applicable provisions, such as the above, under the Indiana
Code as the proposed Richmond Riverfront District; and
WHEREAS, Center City Development Corporation finds it in the best interest of the
development of the center city to amend the boundaries of the current Richmond
Riverfront Development District, previously established by Resolution 8-2005, to
include the Depot Conservation District per Indiana Code 7.1-3-20-16.5b; as
illustrated on the map and boundary description, attached and hereby incorporated
by reference as Exhibit A.
WHEREAS, Richmond Common Council desires to place parameters upon businesses within
the Riverfront Districts utilizing non -transferable permits to sell alcohol in order
to encourage restaurant development.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond,
Indiana, that the riverfront district be added to Richmond Code as:
Chapter 62 — RIVERFRONT DISTRICT
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana,
that the riverfront district boundaries be amended as outlined above and the following guidelines
be adopted as Chapter 62, Riverfront District:
1. All riverfront districts within the City of Richmond shall follow the parameters for
Riverfront Districts as set forth in this Chapter and as set forth in Indiana Code 7.1-3-
20. The parameters for Riverfront Districts as set forth in this Chapter and as set forth
in Indiana Code 7.1-3-20 shall be followed by all riverfront districts within the City
of Richmond.
2. Property owners who desire to utilize the benefits of the riverfront district must be a
restaurant as defined in Chapter 154 of Richmond Code.
3. Property owners that utilize the benefits of the Riverfront District in the Depot
Conservation District must be a part of the Conservation District by signing or have
previously signed the petition to have the Conservation District created.
4. Businesses that pursue a non -transferable permit to sell alcoholic beverages on
premises for consumption in a restaurant within a riverfront district must sign an
agreement with the City of Richmond that, among other things, the Business must
annually meet and comply with the parameters set forth in this Chapter.
5. Businesses that hold a non -transferable permit to sell alcoholic beverages on premises
for consumption in a restaurant within a riverfront district shall agree to sales of at
least 70% food products with the balance of sales in alcoholic beverages not to
exceed 30% of their gross sales.
6. Businesses that hold a non -transferable permit to sell alcoholic beverages on premises
for consumption in a restaurant within a riverfront district shall report annually to the
City of Richmond Department of Metropolitan Development as follows:
a. Reports shall include the annual food and beverage sales figures derived from
gross point of sale register receipts. If figures are not derived from point sale
receipts, the figures must be certified by a Certified Public Accountant (CPA)
and must include any filings and attachments required to be submitted
annually to the Indiana State Alcohol and Tobacco Commission and the
Internal Revenue Service.
b. Reports shall be prepared by and/or certified by a CPA commencing the first
year of the business report and then every year of the business report.
c. Reports are due no later than February 28th of each calendar year.
7. Businesses that pursue a non -transferable permit to sell alcoholic beverages on
premises for consumption in a restaurant within a riverfront district shall pay the City
of Richmond an initial application fee of $250 and upon approval of the application
an annual administration fee of $250 which shall be submitted along with the annual
report.
8. Businesses that hold a non -transferable permit to sell alcoholic beverages on premises
for consumption in a restaurant within a riverfront district must prohibit smoking on
its premises. Once a restaurant obtains a non -transferable permit to sell alcoholic
beverages it shall not permit smoking on its premises.
9. Businesses that hold a non -transferable permit to sell alcoholic beverages on premises
for consumption in a restaurant within a riverfront district must prohibit gaming or
gambling on its premises. Once a restaurant obtains a non -transferable permit to sell
alcoholic beverages it shall not permit gaming or gambling on its premises.
10. Applications will be made available on forms provided by the Department of
Metropolitan Development.
11. In the event a business at any time fails to meet the requirements set forth in this
Chapter 62, the result will be an automatic forfeiture of the non -transferable permit,
which determination will be within the sole discretion of the City of Richmond
Department of Metropolitan Development.
12. Should any section, paragraph, sentence, clause or phrase of this Chapter be properly
declared unconstitutional or invalid for any reason, the remainder of said Chapter
shall not be affected thereby.
Passed and adopted this _7th day of December, 2009 by the Common Council of the City of
Richmond, Indiana.
S/S Bruce Wissel President
(Bruce Wissel)
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)
PRESENTED to the Mayor of the City of Richmond, Indiana, this _8th day of December,
2009, at 9:00 a.m.
_S/S Karen Chasteen City Clerk
(Karen Chasteen)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 8th day
of December , 2009, at 9:05 a.m.
S/S Sarah L. Hutton
(Sarah L. Hutton)
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)
Mayor