§ 5.03.020 — Definitions

5.03.020 - Definitions.

The following words shall have the following meanings: A. "Establishment" means any business entity in the city that utilizes amplification equipment at a non-residential property located within five hundred feet of a residential property as defined in this chapter, measured from the property line of the establishment closest to the residential property, for the purpose of emitting sound at any outdoor area on the premises between the hours of 10:00 p.m. and 12:00 a.m. B. "Food service establishment" means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term does not include private homes where food is prepared or served for individual family consumption. C. "Mixed use building" means a building that includes a residential occupancy and one or more other occupancy type group(s), as defined by the International Building Code. D. "Noise nuisance" is as defined in Chapter 9.40 of the El Paso City Code, as amended. E. "Operations" means the continued use of sound amplification equipment at non-residential property for the purpose of emitting sound at any outdoor area on the premises between the hours of 10:00 p.m. and 12:00 a.m. F. "Outdoor area" means any portion of the establishment premises that is not fully enclosed by permanent, solid walls and a roof, (including open roll-up-style doors, open windows, or open doors) where sound amplification equipment will be utilized for the enjoyment of establishment customers, includes fixed, non-portable structures used in conjunction with sound amplification equipment, including but not limited to stages, decks, risers, and lighting support structures. G. "Permit" means a current, valid permit issued by the permit official, in accordance with this chapter in regulation of outdoor sound at an establishment, and subject to the entire process set forth in Chapter 5.01 of the El Paso City Code, as amended, with any specific differences specified in this chapter governing over the provisions of Chapter 5.01. H. "Permit official" is as defined in Section 1.04.030.1 of the El Paso City Code. I. "Residential property" means a parcel of real property which is developed and used in part or in whole for human habitation, including transient uses such as hotels and motels. J. "Restaurant" means a business that: 1. Operates its own permanent food service facility with commercial cooking equipment on its premises; and 2. Prepares and offers to sell multiple entrees for consumption on or off the premises. K. "Sound" means sound including but not limited to music, singing or spoken words that are conveyed through the utilization of sound amplification equipment; this definition does not include a noise nuisance, as defined in Chapter 9.40 of the El Paso City Code. L. "Sound amplification equipment" means a loud speaker, public address system, amplification system for voice and musical instruments, or other sound producing device that relies on electrical power to generate and/or amplify sound. M. "Sound meter" means a device approved by the permit official for the purpose of measuring the level of emitted sound (in decibels) and is recognized as adhering to an established industry technical standard and is capable of calibration to ensure precision and accuracy.

(Ord. No. 18907, § 1, 2-26-2019; Ord. No. 019636, § 2, 5-21-2024; Ord. No. 019695, § 2, 12-17-2024; Ord. No. 019781, § 2, 8-19-2025)