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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. If any information
contained in this packet is found to be incorrect it is my responsibility to contact the
C' Clerk's office to correct that information.
iv/z.
Applican =ignatur= Date
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