To provide guidelines for the interpretation of Zoning Resolution provisions governing eating and drinking establishments as applied to facilities for children's parties and entertainment. These guidelines are adopted in response to the Department's recognition that such establishments, located elsewhere throughout the country, provide enclosed eating and drinking facilities with controlled entertainment for children.
Establishments offering eating and drinking services with entertainment exclusively for children with a capacity of over 200 persons shall be classified as Use Group 12A uses with no limit on the number of coin- or token-operated amusement devices. The determination whether the entertainment offered is "entertainment for children" shall be made by considering the following factors:
- The target audience shall be children 12 years of age and under, accompanied by an adult(s), who shall be the primary users of the coin- or token-operated amusement devices
- The active entertainment play areas shall be an integral part of the facility, shall be accessed solely from within the eating and drinking establishment, and, inclusive of soft play areas, shall not occupy more than 40% of the floor area
- The establishment shall be in a fully enclosed building
- Convenience openings to other establishments are not permitted
- The primary entrance shall be attended and controlled
- The hours of operation shall require an 11:00 p.m. closing
- There shall be no signage on the building or visible from the outside advertising the establishment's coin-or token-operated amusement devices
Alteration applications proposing such uses shall be accompanied by a statement from the operator of the establishment describing the conditions of its operation. They shall also be accompanied by plans showing the arrangement of the coin- or token-operated amusement devices and other active entertainment play areas demonstrating compliance with (b) above.
Upon compliance with the conditions here set forth, the plan examiner may approve the children's party and entertainment establishment as an eating and drinking establishment with entertainment for children, a Use Group 12A use. These conditions shall appear on the Certificate of Occupancy.
The provisions of TPPN 5/96 otherwise remain in effect.