Special permit may be required for late night businesses

Business owners might soon have to apply for a special exception zoning permit to operate a smoking lounge, after-hours establishment or nightclub in commercial areas of Jefferson City.

The Jefferson City Planning and Zoning Commission approved an amendment Thursday to the zoning code to clarify where nightclubs, after-hours establishments, smoking lounges and event centers can operate. After-hours establishments are businesses open 1:30-4 a.m.

Under the amendment, nightclubs, after-hours establishments and smoking lounges would have to submit special exception zoning permits to operate in the city's C-3 central commercial zoning district, which is for businesses around the Capitol and downtown.

Property owners also would have to get a special exception permit to operate a smoking lounge, nightclub or after-hours establishment within 250 feet of a residence in a permitted area.

All of these businesses can operate in a C-2 general commercial zoning district, which is for businesses mainly serving vehicle and highway traffic. Smoking lounges are not permitted in an M-2 general industrial use district - zoning for general manufacturing industries - but nightclubs, after-hours establishments and event centers are. Event centers can operate in C-1 neighborhood commercial districts - zoned for small convenience and retail stores and offices located in residential neighborhoods - and C-3 zoning districts without special exception zoning permits.

To receive a special exception permit, property owners would apply to present their development plans in front of the Planning and Zoning Commission, Jefferson City Senior Planner Eric Barron said. If the commission approves the plan, it would go in front of City Council. Neighbors would be able to comment on the development plan during both of these sessions.

Barron said the goal of the amendment would be to limit the impact of these types of businesses on the surrounding area.

"(The city staff) feels it's appropriate for the Planning and Zoning Commission and City Council to have that extra layer of review for that type of use before it's allowed to go in because these type of uses have the potential for a higher level impact on surrounding property owners," Barron said.

Barron said city staff had concerns about these types of businesses having negative impacts in certain areas, noting some of these concerns were in the "not too distant past."

In May 2016, Golden Smoke Hookah Lounge opened on the corner of High and Lafayette streets; since the lounge did not serve alcohol, it was able to stay open during late-night hours, from 1:30-4 a.m. Overflow crowds sometimes spilled into the streets during those hours, and residents in the mixed-use area said they were concerned about the big crowds and observed alcohol and marijuana use on the neighborhood's sidewalks.

The lounge scaled back its hours in September after a building inspection determined the building did not meet the requirements for after-hours operation, eventually closing in October.

Corey Hykes, who owned Golden Smoke, said he did not want to comment on the zoning amendment.

Barron said while Golden Smoke Hookah Lounge did have an impact on that neighborhood, other event centers, nightclubs and after-hours establishments in the past have been disruptive - and not just in the downtown area.

"It's not directly targeted toward any specific use. It's targeted toward the general understanding among city staff that we need to address these things within the zoning code," Barron said.

Current businesses that do not meet the guidelines of the amendment would not be affected. The amendment would apply to new businesses and businesses that want to expand.

The zoning amendment, sponsored by Ward 1 Councilman Rick Prather, will be presented July 17 to the City Council.

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