Board approves new regulations for nightclubs|[08/25/07]
Published 12:00 am Saturday, August 25, 2007
The definition of a nightclub and the places in which they may operate have changed under new rules adopted Friday by the Vicksburg Board of Mayor and Aldermen.
An amendment to a standing city ordinance, which follows a downtown disturbance about two months ago that ended in a homicide, does not change the status of businesses already in operation.
“It will only allow nightclubs in certain zones… and that’s by special exception from the zoning board,” said city attorney Nancy Thomas.
Downtown Vicksburg, along Washington Street, is home to restaurants and bars, in addition to retail shops and private residences. It is zoned as C-3, a central business district. The new rules adopted Friday will not allow a business defined as a nightclub to operate in that zone, Thomas said.
According to a zoning map on the city’s Web site, properties zoned as C-4 are east of Washington Street, near Clay Street. Paula Wright with the city’s zoning department said most of the city is C-4, general commercial. The zone listed as L-1, or light industrial, is near Halls Ferry Road. The C-2 zone refers to a highway commercial area, which includes the area around Mississippi 27.
The new rules come about two months after a confrontation between patrons of the New New Orleans Cafe, at Washington and Grove streets, ended in a homicide at another location. Earlier this month, the club’s owner, Timothy Tillman, was arrested by Vicksburg police on drug charges.
Complaints about nightclub patrons becoming unruly along Washington Street has led to an effort to calm residents’ fears and keep downtown’s “vibrant” appeal, Mayor Laurence Leyens has said.
“Of all the dialogue we’ve had about downtown, we’re trying to close a door,” he said. “We’ve gotten feedback from the zoning board, the Main Street board and people in the community. Now we’re going to amend the ordinance.”
The ordinance defines a nightclub as “a commercial establishment which derives 40 percent or more of its gross receipts on a monthly basis from any or all of the following,” including dispensing alcoholic beverages, beer or light wine for consumption on the premises; providing set-ups for alcoholic beverages; and charging cover charges or door fees. The ordinance also gives the city the right to inspect receipts or other financial records.
Leyens had initially proposed a 75-25 food-to-drink ratio, but members of the city’s Zoning Board of Appeals suggested 60-40.
The Vicksburg Main Street board, charged with promoting downtown growth, agreed this week with the zoning board’s notion of creating the new rules.
Liquor licenses are obtained through the state Office of Alcoholic Beverage Control, which gives city governments no power over who is allowed to serve alcohol. The city, however, licenses beer sales. If the ABC overrules the city’s ordinance and offers a new business “resort status,” which allows 24/7 alcohol sales and doesn’t require food sales, Thomas said, the ordinance would be in question.
“The provisions of this zoning ordinance are to supplement the state laws and the rules and regulations of the Alcohol Beverage Control Division of the Mississippi State Tax Commission,” the ordinance states. “If and in the event of conflicting provisions, the state laws and rules and regulations of the ABC will control.”
In 2002, the city, under the Leyens administration, adopted the Central Business District Urban Renewal Project, which aims to revitalize downtown and promote private investment for commercial and residential development. Since, about 20 residential units have been constructed in the upper levels of buildings and more residences are planned. Redevelopment along Levee Street, including the Art Park at Catfish Row, historic murals along the floodwall and planned museums have added elements meant to attract tourists.
The ordinance states, “The presence of nightclubs in the area is no longer compatible with the changes that have occurred in the C-3 zone in the last five years because of the negative secondary effects that are in and around nightclubs and should be controlled to and limited in other commercial zones of the city.”
The ordinance defines “negative secondary effects” as loud noise inside the club, as well as on the streets and sidewalks; litter; urination on the streets, sidewalks and sides of buildings; public drunkenness; fights and other crimes; large crowds blocking the streets and sidewalks; and damage to property in the area.
The new rules take effect in 30 days.