§ 6.50.285 — Alcoholic beverage sales—Authorization of additional facilities near or within pedestrian mall

6.50.285 - Alcoholic beverage sales—Authorization of additional facilities near or within pedestrian mall.

(A) Notwithstanding any provision in this Chapter to the contrary, but subject to the limitations of this Subsection (A), the owner of an establishment adjacent to or within the pedestrian mall that holds a full alcohol on-premise license is authorized to sell alcoholic beverages through a walk-up window that faces a street alignment within the boundaries of the pedestrian mall, except for the Casino Center Boulevard and 4th Street alignments. Prior to the placement or construction of such window, a licensee shall comply with all requirements of the Director, the Building Official and the Director of Public Works. Such window shall be considered another bar at the establishment for purposes of this Chapter. The authorization for a walk-up window under this Subsection (A) applies only to establishments at qualifying locations that were licensed as taverns prior to April 1, 2022, and had commenced operating such a window as of that date. (B) Notwithstanding any provision in this Chapter to the contrary, the owner of an establishment licensed to operate nonrestricted gaming that is also authorized to sell alcoholic beverages upon the premises of that establishment pursuant to a full alcohol on-premise license may locate up to two qualifying bars upon an adjacent pedestrian mall, subject to the provisions set forth in Subsections (C) to (G), inclusive, of this Section. (C) For purposes of this Section, a "qualifying bar" means a temporary or permanent bar that is or will be located directly adjacent to the premises of an establishment described in Subsection (B) and upon a pedestrian mall. (D) Prior to the placement or construction of any qualifying bar, a licensee shall comply with all requirements of the Director, the Building Official and the Director of Public Works. (E) For any particular establishment described in Subsection (B), the first qualifying bar is permitted as a matter of right. Except as otherwise provided in Subsection (F), a second qualifying bar may be permitted for an establishment only if it is specifically approved by the City Council as an incident to the establishment's full alcohol on-premise license. (F) The specific City Council approval referred to in Subsection (E) shall not apply to a second qualifying bar that is either existing or under construction as of March 1, 2014. (G) This Section, being codified as part of LVMC Chapter 6.50, is intended to address business licensing issues only and does not purport to address property rights or to amend LVMC Chapter 11.68 relating to pedestrian malls. Action taken under the authority granted by this Section is subject to all applicable provisions of LVMC Chapter 11.68.

(Ord. No. 6806, § 18, 4-6-22; Ord. No. 6313, § 1, 4-16-14; Ord. No. 6266, § 15, 9-4-13; Ord. No. 6259, § 2, 7-10-13)