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