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COVID-19 Regulations

Some municipal functions such as public transport, restaurant hours and liquor sales are impacted by recent national COVID-19 regulations.
Read the COVID-19 regulations.

Repealed

This By-law was repealed on 17 January 2014 by Control of Undertakings that Sell Liquor to the Public.

This is the version of this By-law as it was when it was repealed.

Published in Province of Western Cape: Provincial Gazette no. 6788 on 10 September 2010
Commenced on 1 January 2011
[Up to date as at 17 November 2020]

[Amended by Liquor Trading Days and Hours: Amendment on 26 April 2012]
[Repealed by Control of Undertakings that Sell Liquor to the Public on 17 January 2014]

Preamble

WHEREAS a municipality may, in terms of section 156 of the Constitution, make and administer by-laws for the effective administration of matters which it has the right to administer;WHEREAS it is the intention of the City to set trading days and hours for all licensed premises, businesses or outlet situated within the City of Cape Town that sell liquor to the public;AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:-

1. Definitions

(1)In this By–Law, unless the context indicates otherwise-'agricultural area' means an area predominantly zoned agriculture or any other equivalent zoning, with the purpose to promote and protect agricultural activity on a farm as an important economic, environmental and cultural resource, where limited provision is made for non-agricultural uses to provide owners with an opportunity to increase the economic potential of their properties, without causing a significant negative impact on the primary agricultural resource;'business premises' means a property from which business is conducted and may include a restaurant, pub, bar or tavern or other building for similar uses, but excludes a place of entertainment, guest accommodation establishment, hotel, sports and community club;'City of Cape Town' means the City of Cape Town established by the City of Cape Town Establishment Notice published in Provincial Notice No. 479 of 2000, as amended, and 'City' has a corresponding meaning;'casino' means a casino as defined in the National Gambling Act, 2004 (Act No. 7 of 2004) and includes a hotel, business premises, venue for hosting of events, place of entertainment or other recreation facility or tourist attraction as part of the complex;'general business area' means an area predominantly zoned general business or any other equivalent zoning, with the purpose to promote economic activity in a business district and development corridor, and includes a wide range of land uses such as business, residential and community uses;'guest accommodation establishment' means premises used as temporary residential accommodation, and includes the provision of meals for, transient guests for compensation and includes a backpacker’s lodge, a bed-and-breakfast establishment, guest house and guest farm or lodge, as well as facilities for business meetings, conferences, events or training sessions of resident guests, but excludes a hotel;'hotel' means premises used as temporary residential accommodation for transient guests where lodging or meals are provided for compensation, and includes -(a)a restaurant or restaurants forming part of the hotel;(b)conference and entertainment facilities that are subservient and ancillary to the dominant use of the premises as a hotel; and(c)premises which are licensed to sell liquor for consumption on the property,but excludes an off-consumption facility, guest accommodation establishment, dwelling house or dwelling unit;'industrial area' means an area predominantly zoned general industry or any other equivalent zoning, with the purpose to accommodate all forms of industry including manufacturing and related processing, but excludes noxious or hazardous risk activity;'licensee' means any person who is licensed to sell liquor in terms of the Act and includes any licensed premises, business, outlet or land use activity from which liquor is sold;'liquor' means liquor as defined in section 1 of the Act as amended;'local business or neighbourhood business area' means an area predominantly zoned local business or mixed use or any other equivalent zoning with the purpose to accommodate low intensity commercial and mixed use development serving local needs of a convenience goods, personal service or small scale business nature or serve as an interface between general business, industrial and adjacent residential areas;'place of entertainment' means a place used predominantly for commercial entertainment which may attract relatively large numbers of people, operate outside normal business hours or generate noise from music or revelry on a regular basis, and includes a cinema, theatre, amusement park, dance hall, gymnasium, totalisator or facility for betting, gambling hall, karaoke bar and nightclub, but excludes a casino;'residential area' means an area predominantly zoned informal, single or general residential or any other equivalent zoning, with the purpose to accommodate predominantly single-family dwelling houses in low to medium density neighbourhoods, as well as higher density living accommodation and which includes controlled opportunities for home employment, additional dwellings and low intensity mixed use development;'room service facility' means a mini bar or self-help facility for the consumption of liquor in guest rooms and a call-up service for resident guests;'small holding or rural area' means an area predominantly zoned rural or any other equivalent zoning, with the purpose to accommodate smaller rural properties that may be used for agricultural purposes, but may also be used primarily as places of residence in a more country or rural setting;'sparkling wine' means an effervescent wine resulting from the fermentation of grapes, whether by natural or artificial process, and includes Champagne;'sports and community club' means premises or a facility used for the gathering of community or civic organisations or associations, sports clubs or other social or recreation clubs run mostly not for profit and may include community service clubs and community centres or similar amenity facilities, but excludes a night club;'the Act' means the Western Cape Liquor Act, 2008 (Act No. 4 of 2008) as amended;'winery' includes premises or facilities which are used in the production of wine and such premises or facilities include facilities for crushing grapes and fermentation and aging of wine, tasting rooms, barrel and storage rooms, bottling rooms, tank rooms, laboratories or offices and other accessory or ancillary facilities incidental to the production of wine, which may include–(a)a restaurant and other food services; or(b)a subsidiary retail facilities to tours or visitors.'zoned' means zoned as the case may be in terms of the applicable zoning scheme or any applicable law and “zoning” has a corresponding meaning; and'zoning scheme' means the zoning scheme or schemes applicable to the area and in force within the area of jurisdiction of the City of Cape Town. 4

(2)In this By-law, unless the context indicates otherwise, any wor

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