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A brewpub as defined in Section 2-2 of this Ordinance is subject to the following regulation:

A. GENERAL REQUIREMENT.

1. At least 40% of the brewpub’s gross revenue shall be derived from the sale of food. If requested by the Development Services Director, the owner of the brewpub shall provide to the Department documentation on the facility’s gross revenue and the percentage of gross revenue derived from the sale of food for the calendar year. Documentation will be required to be submitted to the Department by January 31st of the following year.

2. Live music or entertainment shall only be allowed as an accessory use if the facility is located a minimum of three hundred feet (300') from the property line of any residentially zoned or designated property. The area within the facility designated for music or entertainment activities, including patron dancing, shall not exceed 5,000 square feet. All noise generated by live music or entertainment activities shall be fully contained within the indoor space occupied by the brewpub.

3. The area devoted to patron dancing shall not exceed twenty-five percent (25%) of the total floor area.

4. The brewpub shall not be open after hours as defined by State law (generally, closing time of the dance floor is later than that of the bar).