Under the proposed new sidewalk dining ordinance, would the above type of sidewalk consumption of non-alcoholic food and beverages not be allowed anymore unless the business got a permit? In the second paragraph of the ordinance, there is a sentence that reads:
“Similarly, and as provided by chapter 14, article V of this code, a purveyor of food and beverages on premises located in such districts who is not a liquor licensee may, on an annual basis, apply for a permit to use such an area for the sale and service of food and beverages other than alcoholic beverages.”
Would it matter if customers just carry out their purchases for consumption on the sidewalk, but the establishment’s wait-staff don’t sell or service on the sidewalk?
Also, in the Nfld News story, Outdoor dining passes first round with council, Victor Summa raised other issues at Monday’s Council mtg:
Speaking before the council Monday, Summa wondered why the proposal didn’t include the word “sidewalk,” requires a landlord to consent if their tenant takes advantage of the ordinance, and asks business owners to carry more than $1 million in insurance.
See Pages 36-40 of the May 5 ouncil Agenda Packet (PDF) or the plain text here:
City Council Meeting Date: May 5, 2008
ITEM #: 12
ITEM: First Reading Approving Ordinance #878 Amending Chapter 6: Outdoor Sales and Service (Outdoor Drinking) and Amending Chapter 14 Outdoor Food and Beverage Service (Outdoor Dining).
Proposed Motion For Consideration: ____________Motion ___________Second
The City Council of the City of Northfield hereby approves Ordinance #878, which will amend Chapter 6 and Chapter 14 of the Municipal Code and provide for Outdoor Sales and Service and Outdoor Food and Beverage Service
The City Council is being asked to approve Ordinance No.878, which will allow outdoor dining and drinking on sidewalks located in the C-1 and C-2 zoning districts of the City of Northfield. The Council has reviewed this proposed ordinance at the Council workshop meetings of February 11, 2008, and March 24, 2008.
At the March 24th meeting of the City Council, the Council asked that the City Attorney research the ability of the City to restrict persons who are sitting at an outdoor dining or drinking location from smoking. The City Attorney has determined that Section 114.413 Subdivision 4 provides for the authority of the City to restrict smoking in these outdoor dining and drinking areas.
The Council was also interested in knowing what the implication of this outdoor dining and drinking ordinance has related to the Defeat of Jesse James Days activities. The ordinance has been written such that business owners who have an outdoor dining and drinking permit are also required to obtain a permit from the Defeat of Jesses James organization to be able to conduct outdoor dining or drinking business during the Jesse James Days event.
The Northfield Downtown Development Corporation has coordinated a review of the ordinance by local stakeholders and they have suggested that the requirement to have a barricade for a business that is only involved in outdoor dining not be applicable. The ordinance has been revised to reflect this suggestion from the NDDC.
A copy of the proposed ordinance is attached to this Staff report for review by the City Council. Staff recommends that the City Council approve this ordinance on first reading.
SUBMITTED BY: Brian P. O’Connell, Community Development Director
1. Ordinance No. 878
ORDINANCE NO. 878
AN ORDINANCE AMENDING NORTHFIELD CODE CHAPTER 6, ALCOHOLIC
BEVERAGES, ARTICLE II, RETAILERS, DIVISION 2, LICENSE, BY ADDING NEW
SEC. 6-70, TEMPORARY EXPANSION OF LICENSED PREMISES; OUTDOOR
SALES AND SERVICE, AND AMENDING NORTHFIELD CODE CHAPTER 14,
BUSINESSES, BY ADDING NEW ARTICLE V, OUTDOOR FOOD AND BEVERAGE
THE CITY COUNCIL OF THE CITY OF NORTHFIELD, MINNESOTA, DOES
ORDAIN THAT CHAPTER 6, ARTICLE II, DIVISION 2, SEC. 6-70, AND CHAPTER
14, ARTICLE V, AS FOLLOWS, ARE HEREBY ADOPTED AND ADDED TO THE
NORTHFIELD CODE OF ORDINANCES (new material is underlined):
Article II. Retailers
Division 2. License
Sec. 6-70. Temporary Expansion of Licensed Premises; Outdoor Sales and Service. The purpose of this section is to allow temporary expansion of the licensed premises of a liquor licensee, to temporarily include limited outdoor areas directly adjacent to and contiguous with the permanently licensed premises, subject to such conditions as the council determines will protect the public health, safety and welfare. The city council finds that allowing outdoor sales and service in the downtown commercial areas is beneficial to the creation of a vibrant and prosperous business community so long as adequate review, controls and accountability are in place. Accordingly, both liquor licensees and purveyors of food and beverages who are not liquor licensees shall be entitled to apply for the benefits available under this section. Therefore, the holder of any retail liquor license for premises located in the C-1 or C-2 zoning districts of the city may, on an annual basis, apply for a permit for temporary expansion of its licensed premises, for an area directly adjacent to and contiguous with the permanently licensed premises.
Similarly, and as provided by chapter 14, article V of this code, a purveyor of food and beverages on premises located in such districts who is not a liquor licensee may, on an annual basis, apply for a permit to use such an area for the sale and service of food and beverages other than alcoholic beverages. The city council may grant such a permit on the terms and conditions specified in this section and such other terms and conditions as the city council may determine are necessary or advisable to protect the public health, safety and welfare. Such a permit shall authorize use of any temporary expansion area on particular days, dates and times and shall be valid for a period of time as specified in the permit, not to exceed one year. If approved by the city council, a temporary expansion area may include defined areas on public property including public sidewalks. Application for a permit for temporary expansion of a licensed premises or other unlicensed premises shall be subject to the following requirements and procedures.
(a) Application. Application for a permit for temporary expansion of a licensed premises or other premises shall be made on a form provided by the city and shall contain the following information and such other information as the city may require from time to time:
(1) The names, addresses and telephone numbers of the license holder and of all managers of the licensed establishment or of the owner and manager of an unlicensed premises.
(2) A specific description and diagram of the area in which the temporary expansion activity is to occur. The description and diagram must include location, dimensions, barriers proposed to be used, ingress and egress arrangements, seating capacity, and other pertinent information.
(3) Written consent of the owner of the expansion area or of a person with lawful responsibility for the expansion area, if the owner is someone other than the licensee or business owner.
(4) The purpose for which the temporary expansion is sought, a description of planned activities, including food and beverage service, entertainment, if any, security plans (including lighting, sanitation, liquor control, etc.), and days and hours of operation including beginning and ending dates.
(5) Proof that any necessary auxiliary permits have been obtained.
(6) A detailed description of the planned staffing of the temporary expansion area during hours of operation, and methods the licensee will use to ensure that consumption of alcoholic beverages is restricted to the licensed premises and the temporary expansion area and that alcoholic beverages are not removed from those areas.
(7) Such other information as the city may deem necessary.
(b) Fees. Each application shall be accompanied by an application fee in such amount as may be determined by the city council by resolution from time to time.
(c) Review. Applications shall be submitted to the community development department and shall be reviewed by such staff persons as may be appropriate in the circumstances, including the chief of police in all applications which involve the outdoor sale of liquor. Review of applications shall include consideration of all pertinent building code, fire code and other life safety issues, applicable zoning ordinances, history of the licensee with regard to maintaining order on the licensed premises and complying with applicable laws, potential impact of proposed outdoor service on adjoining properties in terms of light, noise and liquor control, and other considerations.
(d ) Conditions. Approval of an application may be made subject to any appropriate restrictions or conditions, which may vary from establishment to establishment depending on the circumstances. At a minimum, the following restrictions and conditions shall apply:
(1) A temporary expansion area must be compact and contiguous to the permanently licensed premises and must be contained by approved physical enclosure devices. The enclosure requirement may be waived if no alcoholic beverages will be served in the area. An expansion area located on public property shall not unreasonably impede visibility of or access to a neighboring premises or business without permission from the neighboring premises or business owner.
(2) Hours of operation shall be limited to between 8:00 a.m. and 10:00 p.m., subject to other limitations imposed by law and subject to any greater restrictions which the city council may determine should apply to a temporary expansion area due to its particular circumstances.
(3) Days or dates of operation shall be as specified in the permit and no permit shall be valid for more than one year.
(4) Service of alcoholic beverages and other food and beverages shall be only at tables and limited to the approved seating capacity in a temporary expansion area, and food service shall be available in the temporary expansion area during all hours when liquor is sold.
(5) The city council may specify the type of beverage containers which may be used in a temporary expansion area, may require a specific type and number of refuse containers to be provided within the area, and may require sanitary facilities in addition to the facilities located within the permanent premises.
(6) An approved temporary barrier at least 36 inches in height shall be in place between the temporary expansion area and any other public or private property during all hours of operation, provided that the city council may require a higher and more secure barrier depending on the circumstances. This requirement may be waived if no alcoholic beverages will be served in the expansion area.
(7) The city council may require that access to and egress from a temporary expansion area be only through a door connecting it to the permanently licensed premises or to other property controlled by the licensee.
(8) The licensee shall have submitted adequate plans addressing liquor control and other public safety concerns and shall at all times comply with all such plans which have been approved by the city in issuing a permit under this section.
(9) If the temporary expansion area includes a public sidewalk or other walkway, at least 3 ½ feet of walkway must be maintained outside the temporary expansion area for barrier-free (including wheelchair accessible) pedestrian traffic.
(10) All temporary barriers, tables, chairs, and other property of the licensee shall be removed from any public property within a temporary expansion area, or shall be stored in some defined and secure area approved by the city, at all times other than hours of operation.
(11) The licensee shall be responsible for picking up trash and litter, whether generated by the operation of the temporary expansion area or not, within the temporary expansion area and within a reasonable distance (a minimum of 20 feet) from the temporary expansion area.
(12) All applicable liquor laws shall be faithfully observed by the licensee and the licensee’s employees.
(13) No smoking, as defined by Minnesota Statutes Section 144.413, Subd. 4, shall be allowed within a temporary expansion area on public property.
(14) The licensee or owner shall have secured any other permit or license which may be required for the use, area, and period of time proposed.
(15) The council may prohibit or may authorize entertainment to be conducted in an outdoor area, in the discretion of the council, and may restrict any authorized entertainment as necessary or desirable for the protection of the repose and welfare of the public and adjoining property owners.
(16) The licensee shall maintain commercial general liability insurance expressly covering any temporary expansion area, with a limit of not less than $1,200,000 each occurrence, and shall name the city of Northfield as an additional insured thereon. The licensee shall provide proof of such insurance to the city prior to issuance of any permit under this section and from time to time thereafter upon request of the city.
(17) By applying for and receiving a permit hereunder, the licensee or owner shall be deemed to have agreed to defend, indemnify and hold the city, its officers, employees and agents, harmless from any claims, damages, losses, costs and expenses which may arise as a result of the use of the temporary expansion area by the licensee, owner, and/or the licensee’s or owner’s employees, agents and customers. Specifically, but not by way of limitation, the licensee or owner shall