By james art After a recent update to Reno’s zoning laws, local bars that want to offer live entertainment after 11 p.m. must apply for conditional use permits — even those already approved as 24-hour establishments. And the application process can be time-consuming and expensive.
The Reno City Council recently updated the 2022 zoning code, which establishes what businesses can go where and for what purposes depending on their location.
The new code says businesses in mixed-use zones are allowed to have live entertainment from 10 a.m. to 11 p.m. indoors. But to have live music after 11 p.m., the business must apply for a conditional use permit.
This conditional use permit requires a public hearing at the planning commission, a $5,000 application fee, two to three months of negotiations and approvals and several other requirements so businesses are ready to code before receiving the permit.
This process allows neighbors to complain about noise and give feedback on the site. The city can also add conditions to its permit, such as safety plans or specific hour requirements.
Why is the city of Reno updating its live entertainment code?
Before the refresh, some businesses couldn’t get approved for live entertainment, even during the day, because of the specific zone they were in.
Assistant Director of Development Services Angela Fuss said it was an “enforcement nightmare” because each business had its own set of rules, making it difficult to enforce them across the board.
“So we said how about we clean this up? How about we allow live entertainment in every zoned area?” Fuss said.
As a result, the city created this code so that any business with a cabaret license can have live entertainment during the day. The change made regulation easier, according to Fuss.
But the change also caught many businesses off guard as they began receiving notices that they needed an additional permit.
How do businesses feel?
Businesses that have a previous approval for a late hour cabaret license or any permit that allows them to entertain late hours do not need to reapply for this $5,000 permit.
“As long as we have some kind of record that shows they’re approved for live entertainment, like a cabaret license, then yes, they’re included,” Fuss said.
However, if the business owner changes, the new owner will need to apply for a conditional use permit and meet all requirements of the current zoning code. This also applies to bars looking to add nightly entertainment.
Tyler Colton, owner of The Emerson Cocktail Lounge in Midtown, said he believes all the talk was sparked by the addition of DJ Trivia and noise complaints from new residents downtown and Midtown.
Many businesses around Colton were unaware of the change and carried on as usual. Until they recently started receiving code violation notices.
“Even though we pay for a cabaret license, the only way we can go after 11pm now is to file for a conditional use permit, a $5,000 cost, non-refundable and subject to community input and Reno (planning commission) approval,” Colton said.
“It’s a long process that can then be dismissed.”
He said code enforcement is working closely with business owners to help. However, Colton said the code feels like an “overreaction” to one or two bars that flout the rules, keep their doors open instead of closing them when the city asks, or others that play music after the permitted time. He said this decision inadvertently affects business owners who have followed the rules for years.
“Now they’re suffocating it by adding these surcharges to do what would normally be seen at the bar,” Colton said.
Colton isn’t sure if Emerson is a successor or if they need to apply for a permit, but he’s working with the city to find out.
Colton suggested creating entertainment zones where businesses have less demanding restrictions. However, many downtown and downtown bars are surrounded by apartment buildings and homes, so the restrictions are to balance their needs as well.
But Lacey Shea, owner of Shea’s Tavern on South Virginia Street in Midtown, says bars are here first and for a lot longer.
“My family has been on the block for the last 50 years doing live entertainment … and then people moved in and said it was too loud,” Shea said. “It’s like, we’ve been here a lot longer than you guys.”
Shea said her bar is a successor, but her concern is that bars around Shea will have to close at night until they can apply for a conditional use permit.
Shay is concerned it will kill nightlife in the area, which could hurt her business as well as others.
“We have to keep Reno alive,” Shea said. “If we close at 11 o’clock, no music, what will that do to our nightlife? It is downtown Reno and a 24-hour city. It is the biggest small town. We have to have some energy around him. “
Jessica Vaughn, a representative of the West Second Street Bar, said the bar has had the same family ownership since 1916. Vaughn said that’s why she believes they are grandfathers. But the bar receives notices to apply for a permit. Now West Second is working with the city to fix everything.
“I just want to have a good relationship with the city. That’s why I did all the permit work. If we have to do it, we have to do it,” Vonn said.
Was a conditional use permit denied?
Even if the planning commission approves a bar for late-night entertainment, residents can appeal to the city council about noise or other complaints.
“I can’t think of any in recent years where we’ve denied one,” Fuss said. “But I would say 99 percent of the time we work with the business owner to try to get to a location that meets our zoning code requirements and gives them the tools to run their business the way they want to.”
In February, local bar Reno Ax applied for a conditional use permit to have live entertainment after 11pm in the basement on Thursdays, Fridays and Saturdays.
Several residents complained about the noise, but the planning commission approved the permit. A resident appealed the approval over noise and safety concerns. In March, the City Council confirmed the approval.
In August, Lo-Bar Social, a bar set to open in May 2023, went to the planning commission to get a permit for indoor live entertainment until 2 a.m. The California Avenue business received a cabaret license in 2023, but had no entertainment approval past 11 p.m.
Code officials recently caught them partying outside of standard hours. The bar applied for a permit and it was approved.
Jaedyn Young covers local government for the Reno Gazette-Journal. Her salaries are 100% funded by donations and grants; If you want to see more stories like this, please consider donating to RGJ.com/donate. Send your story ideas and feedback to Jaedyn at [email protected].