A decision on a proposed amendment to the City of Vicksburg’s zoning ordinances setting a definition for a banquet hall has been delayed at least until the Board of Zoning Appeals meets Dec. 2.
The board Tuesday debated and then tabled the proposed amendment offered by the city to give members time to make a closer examination of the proposed definition.
“I think everyone on the board is pulling together on this, but they needed more time to look it over and digest it, instead of dealing with it cold,” board member David Sessums said. “There’s not currently a definition for a banquet hall, and I think the city was making a very honest effort to provide one. I believe the board wants to make sure it understands it.”
The proposed amendment defines a banquet hall “as a facility rented out for private events, whether family, group or corporate in nature where access by the general public is restricted. Banquet Halls may allow live entertainment and dancing. However, such live entertainment shall not be the primary use of the facility.”
According to the definition, a banquet hall can have events open to the general public six times a year with the prior approval of the zoning administrator and the city’s site plan committee. The permit application must be completed and presented 30 days before the event, and alcohol may be served subject to state regulations. The banquet hall operator is responsible for security.
But some board members say the provisions allowing events for the general public and serving alcohol are vague and offer the potential for abuse.
“There’s a lot of areas where someone could punch holes in it and skirt the law,” board member Tommie Rawlings said. “It provides someone the opportunity to have a night club without board approval (for a variance), and I’m not going to allow something in an area where the people around it don’t want it.”
“The wording about the general public is broad,” board member Fred Katzeneyer said. “You’re talking about having events for the general public six times a year, but who regulates that? And if they charge admission, that almost makes it a nightclub.”
Board member Dr. Robert Clingan agreed the provisions mentioned in the definition leave it open to abuse.
“When you talk about a banquet hall, you’re talking about renting space to someone and they hire a caterer and the caterer can bring in alcohol,” he said. “If the general public comes in and admission is charged and alcohol served, people are going around the nightclub variance without having to go before the board.”
The amendment came before the board about two months after it denied a nightclub variance for the former Tree House Café.
Ashley and Eric Lawson, who are leasing the building from a Utah-based property management company and operate a daycare center, Planet 4 Kidz, in one half of the building, wanted to present events like jazz concerts, magic shows for children and other programs like poetry readings in other half of the building.
The couple have a privilege license to operate a banquet hall in the other half of the multistory restaurant building, which allows them to use the building to host events like reunions and wedding receptions.
Because there was no definition in the ordinance for a banquet hall or provisions for holding public programs a banquet hall, the Lawsons in September sought the nightclub variance, which the board denied by a unanimous vote.