New Orleans Comprehensive Zoning Ordinance

Printed: 3/29/2024 4:25:44 AM

20.3.ZZ Restaurant (All Types)

1. A restaurant shall submit a security and operation plan, to be reviewed by the Director of Safety and Permits, and all other relevant City agencies, with the following added:

a. For restaurants with an outdoor component, the plan shall include provisions regarding how the facility will control the sales of alcoholic beverages to ensure consumption on-premises.

b. All restaurants serving alcoholic beverages shall provide exterior security cameras.

2. A restaurant shall submit a noise abatement plan, to be reviewed by the Director of Safety and Permits, and all other relevant City agencies.

3. If a restaurant contains a brewing, distilling or winemaking facility on-site, a floor plan indicating the area reserved for brewing, distilling or winemaking and a description of the facility and capacity.  On-site micro-brewing, micro-distillery and winery facilities are only allowed in standard restaurants. 

4.  Standard restaurants shall submit a summary of the number and location of places of worship, educational facilities, and parks and playgrounds within three-hundred (300) feet of the proposed location.

5. Unless otherwise permitted by law, retail sales of packaged alcoholic beverages for consumption off the premises are prohibited.

6. All restaurants that serve alcoholic beverages are limited to the following hours of operation (see also Table 20-2: Restaurant Hours of Operation Regulations). No new customers are permitted after the closing hour, and the restaurant shall be completely shut down, including no staff present on the premises, within two (2) hours of the closing time.  Opening hour is for first opening of business to customers. These limitations do not apply to restaurants that serve alcoholic beverages in the Vieux CarrĂ© Districts, the CBD Districts, and in the C-1, C-2, C-3, LI, HI, MI, BIP, MU-2, EC, MC, and LS Districts.

a.  Sunday thru Wednesday: from 6:00 am to 10:00 pm.

b.  Thursday thru Saturday: from 6:00 am to 12:00 am (midnight).

c. Other hours may be approved through the conditional use process.

Table 20-2: Restaurant Hours of Operation Regulations

 

Standard or Specialty Restaurants with alcoholic beverage service in the VCC-1, VCC-2, VCE, VCE-1, VCS, VCS-1, CBD-1, CBD-2, CBD-3, CBD-4, CBD-6, CBD-7, C-1, C-2, C-3, LI, HI, MI, BIP, MU-2, EC, MC, and LS Districts

Standard or Specialty Restaurants with alcoholic beverage service in all other base zoning districts

Standard, Specialty, Fast Food, or Carry-Out Restaurants without alcoholic beverage service in non-residential zoning districts

Specialty or Standard Restaurant authorized by an RDO District1

Specialty Restaurant authorized as a Neighborhood Commercial Establishment2

Hours of Operation Sunday – Wednesday

 

None

 

6am – 10pm; other hours may be approved through the conditional use process

 

None

 

6am – 10pm; other hours may be approved through the conditional use process

6am – 10pm; other hours may be approved through the conditional use process

Hours of Operation Thursday - Saturday

 

None

 

6am – 12am; other hours may be approved through the conditional use process

 

None

 

6am – 10pm; other hours may be approved through the conditional use process

6am – 10pm; other hours may be approved through the conditional use process

TABLE 20-2 FOOTNOTES

1 Restaurants in RDO Overlay Districts are not permitted to serve alcoholic beverages. Additional regulations are provided in Article 18.

2 Specialty restaurants authorized as Neighborhood Commercial Establishments are not permitted to serve alcoholic beverages. Additional regulations are provided in Section 20.3.NN.

 

7.  Hours of operation shall be posted on or near the restaurant entrance visible to the public.

8.   Live entertainment-secondary use and outdoor live entertainment-secondary use are separate uses and subject to separate approval.  Additionally, the restaurant must remain open while any live entertainment takes place.

9.  If the restaurant use plans an increase in intensity, such as an expansion of floor area or increase in permitted occupancy, the security and operation plans shall be updated and resubmitted for approval. The revised security and operation plan shall be approved prior to the issuance of any permits.

10.  Security and operation plans may be revised by the property owner or person authorized in writing by the owner. New plans shall be resubmitted for approval.

11.  Restaurants with drive-through facilities are subject to the standards of this Article. Standard restaurants with live entertainment – secondary uses are also subject to the standards of this Article. Drive-through facilities and live entertainment – secondary uses are considered separate principal uses and subject to separate approval.

12. A holding bar is permitted only for a standard restaurant. The holding bar is an accessory use to the principal use of a standard restaurant. The holding bar is an area of a restaurant where alcoholic beverages are prepared and served at the bar. Holding bars are subject to the following:

a.   A holding bar cannot exceed fifteen percent (15%) of the floor area of the public seating area of the restaurant, up to a maximum area of three-hundred (300) square feet, including the service area behind the bar. The calculation of the total public seating area shall include the holding bar area in the calculation. If a portion of the holding bar is used to serve non-alcoholic beverages, such as coffee, that area is included as part of the holding bar area. The holding bar area shall be calculated from the back wall to the front of the bar. . (See Figure 20-1: Restaurant Holding Bar.) If the holding bar is not set against a wall, the area shall be calculated from one bar front to another.

FIGURE 20-1: RESTAURANT HOLDING BAR

Click for larger image

b.  The holding bar shall only be open to the public while food is being served in the restaurant’s dining room.

c. Through the conditional use process, the City Council may grant a variance to increase in the square footage of the holding bar area. Such variance cannot exceed twenty-five percent (25%) of the public seating area of the restaurant.

13. There shall be no cover charge to enter a restaurant.  

Ord. 28696 MCS, 6-3-21, ZD 16/21; Ord 29157 MCS, 9-12-22, ZD030/22