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HomeMy WebLinkAbout09711 ORDINANCE NO. 9711 AN EMERGENCY ORDINANCE IMPLEMENTING A STREAMLINED PROCESS FOR BARS AND RESTAURANTS TO APPLY FOR AND RECEIVE TEMPORARY OUTDOOR SERVICE AREAS IN RESPONSE TO THE COVID-19 HEALTH CRISIS WHEREAS, the COVID-19 pandemic and resulting public health orders have had a detrimental effect on bars and restaurants ability to operate; and WHEREAS, outdoor service areas allow restaurants to increase their capacity without violating indoor capacity limits and social distancing requirements; and WHEREAS, any delay in receiving permission to establish outdoor service areas will negatively impact Pueblo’s bar and restaurant industry and the City’s current procedure for issuing revocable permits is time consuming; and WHEREAS, it is in the City’s interest to streamline the process for establishing outdoor service areas in order to support local bars and restaurants; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. As used in this Ordinance the terms: A. Bar shall mean any indoor area that is operated and licensed under Article 3 of Title 44 of the Colorado Revised Statutes, primarily for the sale and service of alcoholic beverages for on-premises consumption and where the service of food is secondary to the consumption of alcoholic beverages. B. Permit shall mean a revocable permit to conduct a sidewalk cafe issued pursuant to this Ordinance. Permittee shall mean the person to whom a permit has been issued. C. Restaurant shall mean an establishment provided with special space, sanitary kitchen and dining room equipment, and persons to cook, and serve meals, where, in the consideration of payment, meals, drinks, tobaccos, and candies are furnished to guests. For purposes of this Ordinance Restaurant also includes any restaurant facilities located within a hotel, lodging and entertainment facility, or resort hotel. SECTION 2. Applicants for a temporary sidewalk café shall follow the provisions of Section 9- 10-84 of the Municipal Code. However, applicants are required to declare whether they are seeking a temporary or permanent sidewalk café. Applications for temporary sidewalk café’s will be reviewed under the provisions of this Ordinance. SECTION 3. Notwithstanding the provisions of Section 9-10-84, the licensing officer shall submit all completed applications for a temporary sidewalk café to the Mayor’s office concurrently with the submission to the review committee. The Mayor is empowered to review such applications and provisionally grant revocable permits to bars and restaurants for the purpose of opening a temporary sidewalk café. The Mayor is empowered to impose such conditions and limitations on provisional permits as he determines are in the best interests of the public and neighborhood. Any permit provisionally granted by the Mayor is only valid until City Council acts as outlined in Section 9-10-84, the permits expiration; whichever is sooner. SECTION 4. Any provisional permit granted by the Mayor and not yet acted upon by City Council may be revoked by the Mayor at any time for any reason. SECTION 5. Any business or individual granted a provisional permit shall comply with all requirements of Subsection (e) of Section 9-10-84 except for those requirements waived or amended by this Ordinance. Any failure to comply with these requirements shall automatically invalidate the provisional permit. SECTION 6. Notwithstanding Subsection (e)(9) of Section 9-10-84, any business or individual granted a provisional permit shall pay a fee of fifty dollars ($50.00). The fee shall be paid within ten (10) days of the provisional granting of a permit by the Mayor. Failure to pay the fee by the deadlines required herein shall be deemed to be a surrender of the permit and all privileges thereunder. SECTION 7. Any permit for a temporary sidewalk café granted under this Ordinance shall automatically expire on December 31, 2020, unless extended by action of the City Council and the Mayor. Applications for permanent sidewalk cafés or sidewalk cafés extending past the December 31, 2020 deadline will be considered under Section 9-10-84. SECTION 8. Liquor licensed bars and restaurants who wish to modify their licensed premises to include temporary outdoor service areas must comply with all requirements under state statute and regulations. If any conflict rises between this Ordinance and state law or regulation, the state law or regulation shall control. SECTION 9. Notwithstanding Section 11-3-4 of the Municipal Code the City Clerk is directed to act as the licensing authority for the purposes of reviewing and granting or denying applications for modification of liquor licensed premises, for temporary outdoor service areas. The Clerk is directed to follow the following procedure: a. Applications for temporary outdoor service areas shall be made to the City Clerk on forms provided by the State Licensing Authority. b. Applications must include: 1. a permission letter from the property owner if the outdoor service area is on private property or a revocable permit if the service area is on public property; 2. two premises diagrams one showing the premises before the modification and one showing the premises after the modification; 3. sufficient information to show containment of the outdoor service area to ensure that order is maintained on the premises and all state and local laws and regulations are observed, such information may include temporary fencing, walls, landscaping, increased signage, or staff assigned to the outdoor area; c. The Clerk’s Office shall review those applications for completeness. Any incomplete application shall be returned to the applicant with an explanation of the missing content. Completed applications shall be reviewed by the Clerk for review under Colorado Liquor Rule 1 CCR 203-2 47-302(B). d. If the Clerk or her designee are satisfied that the premises, as changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes and related regulations the Clerk may grant the application for temporary outdoor service areas and forward the application along with the fee to the State Liquor Licensing Authority for their review. e. In light of the COVID-19 crisis and its effect on Pueblo’s restaurants and bars; the Clerk is directed to act upon these applications as quickly as is practical. f. Applicants are not permitted to make any modifications or alterations to their premises until the application is approved by both the Clerk and the State Liquor Licensing Authority. g. When the Clerk is informed by the State Licensing Authority that an application for modification of premises has been approved by the State Liquor Licensing Authority the City Clerk shall inform the applicant of such approval and inform the Pueblo Police Department of the modifications to the premises. SECTION 10. This Ordinance only applies to applications for a temporary modification of the liquor licensed premises to include an outdoor service area. Pursuant to Emergency Rule 47-302(F) of the Colorado Liquor Rules all modifications granted under this Ordinance shall automatically expire on 120 days from May 15, 2020 unless further extended by action of the State Licensing Authority. All other applications for modification of premises shall be considered through the process established by State and Local statutes, Ordinances, and regulations. SECTION 11. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 12. Savings Clause: The immediate enactment of this Ordinance is necessary in order to preserve and protect the health, safety and welfare of the residents of the City. The COVID-19 pandemic and the State of Colorado’s subsequent stay-at-home public health orders have been catastrophic for many local businesses, particularly local bars and restaurants. The failure of those at-risk local business and the resulting loss of jobs would cause the City and its residents irreparable harm. This Ordinance will assist local bars and restaurants in re-opening for business as soon as possible. SECTION 13. This Ordinance shall become effective on the date of final action by the Mayor and City Council and shall expire on December 31, 2020 unless extended by action of the City Council and the Mayor. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 26, 2020 . Final adoption of Ordinance by City Council on May 26, 2020 . President of City Council Action by the Mayor: ☒ Approved on May 27, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # S-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 26, 2020 TO: President Dennis Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Kyle Aber, Assistant City Attorney SUBJECT: AN EMERGENCY ORDINANCE IMPLEMENTING A STREAMLINED PROCESS FOR BARS AND RESTAURANTS TO APPLY FOR AND RECEIVE TEMPORARY OUTDOOR SERVICE AREAS IN RESPONSE TO THE COVID-19 HEALTH CRISIS SUMMARY: This Ordinance is intended to streamline the process for bars and restaurants to obtain the necessary permissions to establish temporary outdoor service areas. Due to the COVID-19 pandemic, bars and restaurants face limits on their indoor capacity. Allowing restaurants to expand their service areas into temporary outdoor service areas will ease the burden of complying with state and local public health orders. Any procedural delay to the process of applying for and receiving permission to establish a temporary outdoor service area will have a detrimental effect on Pueblo’s bars and restaurants. This Ordinance temporarily adopts procedures that simplify the process for receiving these permissions and streamlines the process to eliminate procedural delays. PREVIOUS COUNCIL ACTION: Section 16-9 of the City Charter grants the City Council the power to issue revocable permits. The City Council has adopted Section 9-10-84 governing service areas on public property. BACKGROUND: Currently, Section 9-10-84 of the Municipal Code requires that any bar or restaurant owner who desires to establish a sidewalk café must submit an application to the licensing officer for review. After that review, the licensing officer must submit the application to a review committee composed of the Director of Public Works, the Director of the Department of Zoning Administration, the Traffic Engineer and the License Officer. The Review Committee then has thirty (30) days to review the application and submit it to the City Council along with the committee’s comments and recommendation. The City Council must then convene and vote on whether to approve or deny the application. A revocable permit is not necessary for bars and restaurants to establish temporary outdoor service areas on private property. However, there must be an agreement with the owner of the private property and the bar or restaurant. Regardless of whether the outdoor service area is on private or public property, liquor licensed establishments must modify the liquor licensed premises to include the additional service area. The process for modification of a liquor licensed premises is controlled by Colorado Liquor Rule 1 CCR 203-2, 47-302. The regular procedure of the Pueblo Liquor and Beer Licensing Board is to accept applications and fees for modification of the licensed premises through the City Clerk’s office, review those applications, and then hold a public hearing at the next regular liquor board meeting (first and third Wednesday of every month) wherein the board grants or denies the request. If an application is granted, it is then sent to the State Licensing Authority for review. If the State grants the application, it then sends the permit for modification of premises to the City Clerk who distributes it to the licensee. Only then may the licensee modify the licensed premises. This Ordinance is intended to eliminate as many procedural hurdles as possible without violating state or local law. FINANCIAL IMPLICATIONS: It is not anticipated that this will have any financial impact on the City of Pueblo. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: If this Ordinance is not passed bars and restaurants will have to complete the current process for establishing outside service areas which is more cumbersome and will likely negatively impact those establishments ability to conduct business. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance