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HomeMy WebLinkAbout14431 RESOLUTION NO. 14431 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE SENATE, LLC FOR THE USE OF THE SOUTH GRAND AVENUE RIGHT-OF-WAY FOR A TEMPORARY OUTDOOR SERVICE AREA BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to The Senate, LLC for the use of the South Grand Avenue right-of-way directly in front of 219 South Grand Avenue for a temporary outdoor service area. SECTION 2. The use of the public right-of-way granted hereby is subject to all limitations, terms, and conditions set forth in the attached Revocable Permit. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED July 13, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-8 Background Paper for Proposed Resolution COUNCIL MEETING DATE: July 13, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Sam Vigil, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE SENATE, LLC FOR THE USE OF THE SOUTH GRAND AVENUE RIGHT-OF-WAY FOR A TEMPORARY OUTDOOR SERVICE AREA SUMMARY: Attached is an application for a revocable permit submitted by The Senate, LLC. PREVIOUS COUNCIL ACTION: Council passed and approved emergency Ordinance 9711 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. BACKGROUND: The Senate, LLC request to utilize the thru lane of South Grand Avenue directly in front of 219 South Grand Avenue to establish a temporary outdoor service area. The Senate, LLC has received provisional approval from the Mayor’s office pending City Council’s final review and approval. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will cause the temporary outdoor service area to be removed from the right-of-way. RECOMMENDATION: Approval of the Resolution. Attachments: Temporary Outdoor Service Area Revocable Permit Packet DocuSign Envelope ID:067C6846-8337-4A2E-92DE-33578BBBA203 CONSOLIDATED APPLICATION AND CHECKLIST FOR ESTABLISHING TEMPORARY OUTDOOR SERVICE AREAS DURING COVID-19 RESTRICTIONS SECTION 1. GENERAL INFORMATION Name of business applying: The senate, LLC Name of Establishment: The senate Address of establishment: 219 S Grand Ave Person making application: Ken sciacca Phone: 7192514658 Email: senate.puebl o@gmai 1 .com YES NO ® ❑ Do you own a restaurant? Under executive order 20-28 only restaurants may open for business. A restaurant is an establishment provided with special space. sanitary kitchen and dinina room eauipment, and persons to prepare, cook, and serve meals, where, for payment, meals, drinks, tobaccos. and candies are furnished to Quests. If you answered no to this question you do not qualify to open for business until further action by the state. Bars and taverns may open if they have an agreement with a retail food licensed restaurant or food truck for service of full meals (prepared in a sanitary kitchen) available to all bar patrons. Bars can only open during the hours that full meals are available. Bars and taverns that are seeking to open under the current Colorado Public Health Order should complete Section 4 of this application even if they are not seeking to establish and outdoor service area. ® ❑ Are you seeking to expand your restaurant into a TEMPORARY outdoor service area? If you plan on making any permanent modifications to your business premises, you do not qualify for the expedited process outlined here. Please contact the City Clerk's Office(719-553-2669)for information on obtaining a permanent modification of premises. 0 ® If your temporary outdoor service area will be on private property, have you included written permission from the property owner to use the property for food and beverage service? ® ❑ Is any part of the outdoor area in which you plan on serving food/beverages public property? For example, sidewalks, city owned parking areas, roads, alleys, etc. (if you are unsure please contact The City Planning Department at 719-553-2259). If you answered yes to this question,please complete section 2. If you answered no to this question, please skip section 2. ® ❑ Is your business a liquor licensed establishment? If yes; do you intend to serve alcohol in the temporary outdoor service area. DYES ❑NO DocuSign Envelope ID:067C6846-B337-4A2E-92DE-335788BBA203 If you answered yes to both of these questions, please complete section 3. If you answered no to either of these questions, please skip Section 3. SECTION 2. REVOCABLE PERMIT APPLICATION (this section shall serve as an application for a temporary outdoor service area as authorized by Ordinance No.9711) If any part of the area in which you seek to serve food and/or beverages, or in which your staff will be transporting food and/or beverages is property owned by the City you will need a revocable permit. The undersigned hereby applies for a Revocable Permit to temporarily use the public right-of- way: YES NO ® 0 Is this application made with the intent to temporarily expand the restaurant's service area into the public right-of-way to limit the negative effects of COVID-19 related restrictions? ❑ Are you seeking a temporary revocable permit that will automatically expire on December 31, 2020 unless extended by official action of the Mayor and City Council? If you are seeking a revocable permit for any date past December 31, 2020 you do not qualify for the expedited process adopted by Ordinance No.9711.Applications for permanent outdoor service areas will be considered under the regular process outlined in Section 9-10-84 of the Pueblo Municipal Code. El ❑ Have you included a map or diagram of the licensed premises before the modification and a map or diagram of the premises after modification?The map or diagram of the premises after modification must include: - outlines around the temporary outdoor service area; - ingress and egress from all service areas; - the location of any outdoor heating sources or open flames (including candles); - the location of any temporary electrical power extended from the building via extension cords; - the location of freestanding tents, canopies, or other shade structures in the outside service area; - the location of any outdoor bars or other alcohol service stations; (1( ❑ Have you included along with this application the required certificate of liability insurance? Before commencing any activity whatsoever [on a public right-of-way], the permittee shall secure and maintain in effect general public liability and property damage insurance issued to and concerning the liability of the permittee with respect to all matters done or performed by him or her in the public right-of-way,to be written on a comprehensive form.This insurance shall be written in amounts not less than one million dollars($1,000,000.00)for each occurrence and aggregate for personal injury including death and bodily injury and one million dollars ($1,000,000.00)for each occurrence and aggregate for property damage.The policy of insurance shall name the City, its agents, officers and employees as additional insureds. Municipal Code Section 9-10-84(e)(6) DocuSign Envelope ID:067C6846-8337-4A2E-92DE-33578BBBA2o3 tgf ❑ Have you included along with this application the required $50 application fee? k ❑ Will the outdoor service area be only between the restaurant and the street? If the outdoor service area will expand into the area in front of any other property or business, you must include permission from that property owner even if the outdoor service area is on the public right-of-way. Please describe all means and methods of control which you will follow to prevent litter or other solid waste from accumulating upon or emanating from the outdoor service area. There will be waste receptacles in the area to encouraae proper disposal.The area will be swept and blown with a leaf blower to keep it free of trash and debris. In the event of an emergency the following person who be available to respond to calls: Name:Ken Sciacca Phone: 719-251-4658 Address: By signing this Section applicant affirms that they understand and will comply with all of the following: a. The Pueblo Fire Department must inspect and approve my outdoor service area before you can begin service. b. You are only allowed to use the permitted area for the sale and service of food and beverages, no other use is permitted. c. No equipment or barrier shall be tied-down or chained to any tree within or adjacent to the Permitted Area nor shall any equipment or barrier be installed or located in such a manner as to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. d. Under the Americans with Disabilities Act you must maintain a clear 48 inch path on all sidewalks which is open and accessible to the public at all times. e. That any revocable permit provisionally granted by the Mayor is still subject to review by the City Council for compliance with all sections of Section 9-10-84 of the Pueblo Municipal Code. f. If the permit expires or is revoked, the applicant will immediately remove all personal property, equipment, litter,waste, and debris from the property and return the property to the original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses, including reasonable attorney fees, incurred in the enforcement of this Permit. g. The holder of the revocable permit shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits,claims, liabilities,loss,damages and expenses, including reasonable attorney fees and cost of defense, arising,directly or indirectly,from or caused by the issuance of this Permit or the conditions hereof, or the existence, construction, installation, repair DocuSign Envelope ID:067C6848-8337-4A2E•92DE-335788B8A203 or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, Its officers, agents, employees, invitees or general public. h. Neither this Permit nor any of the privileges provisionally granted to Permittee hereby,may be conveyed,assigned,transferred, or sublet by Permittee without the prior written consent of the Mayor of City. Any attempted conveyance,assignment,transfer or subletting of the Permit or Permitted Area without the written consent of the Mayor shall be void and of no effect and shall cause this Permit to be automatically revoked. I. Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts not less than$1,000,000.00 combined single limits per occurrence and aggregate, naming the City as an additional insured and contain a waiver of rights of subrogation against City.A certificate for such insurance and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. j. City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all purposes. City may injure,damage,or remove any and all Permittee's Improvements In the Permitted Area in exercising the right of access hereby reserved and granted.Permittee assumes the risk of injury,loss and damage to Permittee's Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or Injuries thereto,whatsoever the cause, including, but not limited to,the acts or omissions of City, its officers, employees, or agents. k. The permit holder does not have a property interest in a revocable permit and that the Mayor or City Council can take action to revoke the permit at any time for any reason without liability to City, and without notice to or hearing by the holder. Permittee waives any and all right or claim to such notice, hearing, and liability of the City. I. This revocable permit is temporary and will automatically expire on December 31, 2020 unless further extended by action of the Mayor and City Council. I further acknowledge that I must cease conducting all busi on •: • ,•property upon expiration or revocation of the revocable permit. X78'46 Appti nt ,.!nature Date FOR CITY USE ONLY Application for revocable permit received on OLD I Q% 1 aOa 0 Application approved for completeness on D(oj DX ia[? by 84Xyla t rnb0.11 Application forwarded to Mayor's office on Qto , ► I I aoa Q Application forwarded to review committee on 06/18/2020 - MB Application forwarded to City Council on Application approved by the Fire Department (rt40?uzaos. Application provisionally ❑granted Odenied by Mayor on Action taken by Council, if any SECTION 3: TEMPORARY MODIFICATION OF LIQUOR LICENSED PREMISES (this section is not an application for a modification of liquor licensed premises) If you intend to serve alcohol in the temporary outdoor service area you will need to apply for a temporary modification of premises under Colorado Liquor Regulation 47-302. DocuSign Envelope ID:067C6846-B337-4A2E-920E-33578B8BA203 Applications for modifications to include temporary outdoor service areas will be considered under the expedited process adopted by Pueblo Municipal Ordinance No. 9711. YES NO ❑ Are you seeking a temporary modification of liquor licensed premises, which will last only during the period the State Licensing Authority has approved? The current order from the State Licensing Authority has all temporary modification expiring 120 from May 15, 2020. All modifications will expire on that date unless further action is taken by the State Licensing Authority. If you answered no to this question your application will be reviewed by the Pueblo Liquor Licensing Board before it is submitted to the state. ❑ Have you completed and submitted Department of Revenue Form 8442 'Permit Application and Report of Changes'? ]e ❑ Have you included a control plan with di of the following? 1. Hours of Operation: Licensee details the hours of operation for the extended premises taking in to account any limitation put in place by the local authorities. 2. Boundary: Licensee details the type of boundary that will be utilized on the modified premises. It should mark the area and be more than markings on the ground. An example of an acceptable barrier would be a rope or temporary fencing that clearly marks the service area. 3. Ingress and Egress: How will the Licensee control people coming in and out of the temporary service area? 4. How will the licensee verify social distancing is occurring and making sure alcohol is not taken off of the premises? 5. Signage: Details the "No alcoholic beverages beyond this point" signage and its location on the temporary premises and ideally includes the ingress/egress points. 6. Responsible Service: Details the role that staff of the establishment will play in preventing sale of alcohol to minors or visibly intoxicated persons. This section can also list staff qualifications such as training and experience. 4 ❑ Have you included a diagram of the licensed premises before the modification and a diagram of the licensed premises after the modification? Such diagrams must include all entrances/exits,all alcohol service areas,location of required signage,and all areas where consumption of alcohol will be permitted. ❑ Fi Have you included documentation that you have permission from the property owner to use the outdoor service area? If the outdoor service area will be on private property you must have the written permission of the property owner,if the outdoor service area will be on public property you must have a revocable permit(see above). j2e ❑ Have you submitted a copy of all application materials to the State along with the $150.00 fee for temporary modification of premises required by Colorado Liquor Regulation 47-506? DocuSign Envelope ID:067C6848-8337-4A2E-92DE-33578BBBA203 For fastest results submit your DR 8224 form to the State at the same time you submit your DR8224 form to the City. Forms can be emailed to dor Iiallcensinacstate.co.us payment can be made through the State's online portal at httos:llsecure.colorado.aovfavmentlliauor. By signing this section, I acknowledge that I understand all of the following: a. I am familiar with all laws, rules, and regulations governing the sale and service of beer and alcohol in the State of Colorado and the City of Pueblo. I further acknowledge that the business owner is solely responsible for complying with these laws, rules, and regulations. b. This application if granted is only for a temporary modification which will expire 120 days om 15, 2020 unless further extended by the state. c(RAC, A an ure Date FOR CITY USE ONLY Application for temp. modification permit received on ( (0 US 1,41'J Routing Sheet: Sent to Planning: Oto I I I I�bQ 0 ❑ APPROVED ❑ DENIED Sent to Dept. of Health: Ob I l I PO(9b ❑ APPROVED 0 DENIED Sent to Fire Department: C�,r�01127ur�.a4, 5/APPROVED 0 DENIED City Clerk 0 APPROVES 0 DENIES application on Application forwarded to State Licensing Authority on State Licensing Authority 0 APPROVES 0 DENIES application on Licensee informed of approval/denial on SECTION 4: BARS AND TAVERNS YES NO i ❑ Does this establishment have a retail food license, a sanitary kitchen, and serve full meals? Light snacks(nuts, chips, etc.) do not count as meals. Food that is commercially prepared elsewhere(burritos,hot pockets,etc.)and microwaved on premises does not count as full meals. If you answered yes to this question you may skip to Section 5; if you answered no to this question please fill out the rest of Section 4. YES NO DocuSign Envelope ID:067C6846-B337-4A2E-92DE-33578BBBA203 ❑ pQ Have you made arrangements with a food retail licensed restaurant or a food retail licensed food truck that agrees to provide your patrons with full meals? Allowing patron to bring in their own meals does not meet this requirement even if they purchased them from another business. Allowing patrons to order food over the phone or through an app does not meet this requirement. If you answered NO to this question you do not qualify to open for business under the current Colorado Public Health order. If you answered YES to this question, please describe in detail the arrangements that have been made and the procedure for providing full meals to your customers. SECTION 5: FIRE CODE COMPLIANCE YES NO ❑ li Will you have temporary outdoor heating device(s), or any open flames (including candles)? 8. Will you have temporary electrical power extended from the building via extension cords? Will you have freestanding tents, canopies, umbrellas, or other shade structures in the outside service area? If you answered yes to this question you will need to fill out the Tent Application Form.Note:The Tent Application Fee has been waived by the city. If you answered yes to any of these questions you must contact the fire department at 719-553-2830 to schedule an inspection before these devices can be used. By signing this section, I acknowledge that ANY temporary outdoor service area must be inspected by the Pueblo Fire Department before it may be used, even if it is on private props nd does not serve alcohol. :! U 4-h) A plican igna ure Date DocuSign Envelope ID.067C6846-B337-4A2E-92DE-33578BBBA203 SECTION 6: REGIONAL BUILDING CODE COMPLIANCE YES NO ❑ O Will you be making any permanent modifications to the physical building? This includes but is not limited to adding/removing;doors,shade structures which are attached to the building,walls,electrical fixtures,and plumbing fixtures. ❑ Ixi Will you be using any generators, batteries, lamp posts, or other outdoor power sources (not including extension cords from existing outlets on the premises)? If you answered yes to either of these questions you must get approval from the Regional Building Department before making any of those changes. The Regional Building Department can be reached at 719-543-0002. SECTION 7: ACKNOWLEDGMENTS AND SIGNATURE lif] I acknowledge that I have reviewed all Colorado Public Health Orders pertinent to the operation of restaurants. I further acknowledge that it is my responsibility to ensure that the business that is applying for this outdoor service area is in compliance with all Public Health Orders and other laws, rules, and regulations governing restaurants. I agree to indemnify, defend and hold the City of Pueblo, its officers, agents and employees harmless from and against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense, arising, directly or indirectly, from or caused by the establishment of my outdoor service area, or the existence, construction, installation, repair or maintenance of the Improvements in the outdoor service area, or the use of the outdoor service area or Improvements by Applicant, its officers, agents, employees, invitees or general public. I swear and affirm that the information contained in this application packet and all attachments is true and correct to the best of my knowledge. 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