HomeMy WebLinkAbout10854RESOLUTION NO. 10854
A RESOLUTION ESTABLISHING A POLICY RELATING TO SIDEWALK CAFE LIQUOR
LICENSED PREMISES WITHIN HISTORIC BUSINESS ZONE DISTRICTS
WHEREAS, confusion has been expressed by persons who have obtained a revocable
permit for the use of public sidewalk to conduct a sidewalk cafe in Historic Business Zone Districts
with respect to the requirements for including the sidewalk areas within a licensed premises under
the Colorado Liquor Code; and
WHEREAS, the City Council desires to adopt a policy to resolve such confusion, and to
guide the Pueblo Liquor and Beer Licensing Board when acting upon applications for licenses
under the Colorado Liquor Code which include the sidewalk as part of the licensed premises within
Historic Business Zone Districts. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council finds and determines:
(a) Sidewalks have been narrowed and public use restricted in those areas of Historic
Business Zone Districts wherein streetscape improvements including trees and landscaping have
been installed.
(b) The use of streetscaped areas of the sidewalk for sidewalk cafes when practical are
aesthetically desirable and enhance the historic and cultural ambiance associated with the Historic
Business Zone District.
(c) Persons granted a permit for a sidewalk cafe as well as the permit itself must
accommodate the use of the sidewalk by the general public and especially by handicapped
persons.
(d) A revocable permit issued for a sidewalk cafe shall include the entire sidewalk
contiguous to and in front of the building in which the restaurant is located including the
streetscaped area, thereby giving to the permittee possession of the entire sidewalk subject to use
of a four -foot wide clear zone for pedestrian and wheelchair movement. Such possession shall be
deemed and construed to be possession of the entire sidewalk contiguous to and in front of the
building which is part of the licensed premises as required by section 12- 47- 301(3)(b), C.R.S.
SECTION 2.
It is the policy of the City Council that the Liquor and Beer Licensing Board (a) consider and, if
applicable, adhere to the City Council's findings set forth in Section 1 hereof in acting on an
application for a liquor license which includes sidewalks with streetscape as a portion of the
licensed premises located in a Historic Business Zone District, and (b) require a licensee holding
such liquor license to establish and designate control of the sidewalk area of the licensed premises
which are deemed acceptable and appropriate by the Board.
SECTION 3.
This Resolution shall become effective upon final approval and passage.
BY Judy Weaver
Councilperson
APPROVED: �•�
President of City Council
ATTESTED BY:
CITY CLERK
INTRODUCED October 23, 2006