17.350.080 Exemptions.
The Planning Director shall have the authority to grant an exemption from the provisions of this chapter for:
A. Commercial or home occupation businesses where only office related activities will be performed, and where the storage and on-site sale of alcoholic beverages will not, at any time, occur.
B. Repealed by Ord. 1116.
C. Restaurants or “bona fide” public eating places which offer for sale or dispense for consideration alcoholic beverages including beer or wine incidental to meal service. The exemption shall be approved in writing by the Planning Director and shall be subject to the right of appeal to the Planning Commission as provided in Chapter 17.455 SMC. The exemption shall only be approved if the applicant agrees in writing to comply with the following criteria and conditions:
1. The premises contain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises.
2. The primary use of the premises is for sit-down service to patrons, and the establishment is not a drive-up, drive-through, or fast-food restaurant.
3. The establishment serves food to patrons during all hours the establishment is open for customers.
4. The establishment only serves alcohol in a dining area and not in an alcohol serving area that is separate from the dining area.
5. Adequate seating arrangements for sit-down patrons are provided on the premises, not to exceed a seating capacity of 50 persons.
6. Any take-out service is only incidental to the primary sit-down use and does not include the sale or dispensing for consideration of alcoholic beverage or beer or wine.
7. No alcoholic beverages or beer or wine are sold or dispensed for consumption beyond the premises.
8. No dancing or live entertainment is permitted on the premises except with approval by the Chief of Police and Planning Director, who may impose conditions controlling such activities.
9. An employee alcohol awareness training program and security plan is approved by the Chief of Police. (Ord. 1116 § 7, 2018; Ord. 1111, 2018)