Loading...
HomeMy WebLinkAbout14987RESOLUTION NO. 14987 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO VESSEL BREWING COMPANY, LLC, DBA GOLD DUST SALOON FOR THE USE OF RIGHT OF WAY AT 217 SOUTH UNION AVENUE TO PARTICIPATE IN THE ANNUAL CHILE AND FRIJOLES FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Vessel Brewing Comany, LLC, for the use of the right-of-way at 217 South Union Avenue from 10:00 a.m. on September 23, 2022 until 6:00 p.m. on September 25, 2022. 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 authorized to perform any and all acts consistent with the intent of this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: September 12, 2022 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 12, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO VESSEL BREWING COMPANY, LLC, DBA GOLD DUST SALOON FOR THE USE OF RIGHT OF WAY AT 217 SOUTH UNION AVENUE TO PARTICIPATE IN THE ANNUAL CHILE AND FRIJOLES FESTIVAL SUMMARY: This Resolution approves the issuance of a Revocable Permit to the Vessel Brewing Company, LLC, to participate in the annual Chile and Frijoles Festival. PREVIOUS COUNCIL ACTION: Revocable permit and Resolution approved. BACKGROUND: Vessel Brewing Company, LLC, has requested the use of the right-of-way at 217 South Union Avenue from September 23, 2022, at 10:00 a.m. until September 25, 2022, at 6:00 p.m. to participate in the annual Chile and Frijoles Festival. Although the Pueblo Chamber of Commerce has applied for a Revocable Permit for this event, the State Liquor Law is requiring Vessel Brewing Company, LLC, to modify its licensed premises in order to sell alcohol outside the premises of their establishment. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will prevent participation in the festival. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability 9/6/22, 10:11 AM REVOCABLE PERMIT Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo,a Municipal Corporation,(the"City"),the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: 1.Name,Address and Telephone Number of Permittee:Vessel Brewing Company,LLC dba Gold Dust Saloon 217 S Union Ave., Pueblo,CO 81003 7195450741 712 W Pitkin Ave.,Pueblo,CO 81004 2.Permitted Area:Extending 10'into South Union Avenue for Pueblo Chile Festival 3.Purpose of Revocable Permit:Pueblo Chile Festival 4.Commencement Date:September 23,2022 Time: 1oAM 5.Ending Date:September 25,2022 Time:6PM PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT(THE"PERMIT") REPRESENTS,WARRANTS AND AGREES: (a)The Permitted Area shall be used for the above-specified Purpose of Revocable Permit.No use of the Permitted Area shall be made before the time of the Commencement Date. (b)All structures,fences,tables,chairs,equipment or other improvements authorized to be placed in the Permitted Area by Permittee(the "Improvements")shall be constructed,installed,and maintained by Permittee in compliance with all applicable codes,ordinances,rules and regulations of City and this Permit. (c)If the Revocable Permit is issued for a sidewalk café,the Permittee and sidewalk cafe shall he subject to all the provisions,conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code,or as same may be amended,which are incorporated herein by reference.In addition,no Improvement shall be tied-down or chained to any tree within or adjacent to the Permitted Area nor shall any Improvement 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)If this Permit is issued for the use of the public right-of-way for a special event,Permittee shall deposit with the City the sum of$500.00("Deposit"). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's equipment and property from,and clean and restore the Permitted Area to its original condition before the Time of the Ending Date.If so timely removed and cleaned,the Deposit will be returned to Permittee. (e)Before the Time of the Ending Date,or immediately upon any other termination of this Permit,Permittee shall,at Permittee's expense,remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its 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. (f)Permittee shall keep all Improvements and Permitted Area in good,clean and safe condition and repair,free from litter,waste and debris. (g)Permittee 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 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 granted to Permittee hereby,may be conveyed,assigned,transferred or sublet by Permittee without the prior written consent of the City Council of City.Any attempted conveyance,assignment,transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo 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)Trees,landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation.Covid-19 (k)Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail,postage prepaid,as follows: (i)If to Permittee,at the address shown in paragraph 1 above. (ii)If to City,1 City Hall Place,Pueblo,Colorado,81003,Attention:Revocable Permit Review Committee.Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph(k). (1)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. 1/2 9/6/22, 10:11 AM (m)This Permit shall terminate upon the occurrence of any one of the following events:(i)the Time of the Ending Date,(ii)abandonment or nonuse by Permittee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in writing by Permittee,(iv)automatic revocation as provided in paragraphs(h)and(i)above;(v)revocation or termination of this Permit by resolution of the City Council of City;or(vi)revocation by the Mayor as provided in paragraph(p).The termination of this Permit shall not relieve Permittee from Permittee's obligations under paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e). (n)Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City,in its sole discretion,for any reason or no reason,at anytime,without liability to City,and without notice to or hearing by Permittee.Permittee waives any and all right or claim to such notice,hearing,and liability of the City. (o)Permittee acknowledges and agree that use of the Permitted Area shall be conducted in compliance with applicable laws and regulations including but not limited orders,regulations and directives issued by the Governor,Colorado Department of Public Health and Environment and the Pueblo County Department of Public Health and Environment with respect to COVID-19("COVID-19 Regulations").Seven days prior to Commencement Date,Permittee shall submit in writing to the Revocable Permit Review Committee those actions Permittee shall take to assure protection of the public health and compliance with COVID-19 Regulations. (p)Permittee further acknowledges and agrees that this Permit is temporary and subject to revocation or termination if the purpose of the permit or any potential activities to be conducted under the Permit is determined by the Mayor of City,in his sole and absolute discretion,to not be in furtherance of and/or contrary to the public health or welfare due to COVID-19 or related issues.Such determination and termination may be issued at any time,without liability to City,and without notice to or hearing by Permittee.Permittee waives any and all right or claim to such notice,hearing,and liability of the City. (q)Nothing in this Permit shall be interpreted to limit or prevent the protections afforded to City under the Colorado Governmental Immunity Act,C.R.S. §24-10-101,et seq. Signed in Pueblo,Colorado this CreT14 day of Er1se/L,20 2.2.. . PERMITTEE: Organization or 4~ �� � L ^ l QQ,�,V +lN4 COMPANY LLt ebo►�jpt� OUST .51L000) Individual: By: M14.1A act t . Title: lit be.) Cipt*u{ a gmele , STATE OF COLORADO) vJ COUNTY OF PUEBLO)SS..S ,,�,�,,, The fore: n .?u :�t •:sac, •. ledged before me the £pT 14- day of ��:T i G✓'Iev92._ ,20 2 z by as _ NI 444 4e. '� My commission expires: Jo4.-Ne25► 24024, • Notary Public IO AARON 1NAYNE EMERSON ;'PROVED this /P day of Criy� ,20 . NOTARY PUBLIC EBLO,a Municipal Corporation STATE OF COLORADO NOTARY IO 20224029662 Xatios; (' MY COMMISSION EXPIRES JULY 29,2026 By7"],� Nicholas A.Gradisar,Mayor 2/2 07/12/22 Pueblo City Council 1 City Hall Place Pueblo, CO 81003 Dear City Council Members: Please consider our letter of intent for a revocable permit for the Pueblo Chile Festival between the dates of September 23-25,2022. We intend to expand the Gold Dust Saloon into the street 10 feet during this time for sales of alcohol, under the Greater Pueblo Chamber of Commerce' larger plan for Certified Roadway Closure Plan on Union Avenue, and various other streets. We have applied for a modification of premise under the local and State Liquor Authories, and are in the process of adding the additional $1M liability insurance naming the City of Pueblo as Certificate Holder which will be finalized prior to Council's consideration of this matter. Thank you for your time. Sincerely, Michael Mahan, Owner Gold Dust Saloon 217 S. Union Ave. Pueblo, CO 81003 THE GREATER" limmisr PUEBLO CHAMBER `"'!. We dii Maiineefff 302 N.Santa Fe Ave. • Pueblo,CO 81003 • (719)542-1704 • (719)543-4851 fax • pueblochamber.org July 20, 2022 To Whom It May Concern: The Greater Pueblo Chamber of Commerce has secured a revocable permit from the City of Pueblo to conduct the Annual Chile&Frijoles Festival September 23,24 and 25,2022. The permit allows the Chamber to utilize Union Avenue on both sides of the street from 1'Street to B Street. The Greater Pueblo Chamber of Commerce agrees to provide the Gold Dust Saloon the use of 10 feet of the street in front of 217 South Union Avenue on September 23, 24, and 25, 2022 during the 28th Annual Chile& Frijoles Festival. We understand that the management of The Gold Dust Saloon is applying to extend their liquor license into the above stated area to serve food and liquor. The Gold Dust Saloon is to provide secure fencing with a single point of entrance to this area from Union Ave. They will provide security during business hours to ensure that no liquor will be allowed outside of the fenced area and no liquor will be allowed into the stated area. The cost of the fencing and the security for this area is the responsibility of the Gold Dust Saloon. The terms of this agreement are contingent on the Gold Dust Saloon agreeing to not conduct take out delivery services for alcohol beverages throughout the duration of the Chile&Frijoles Festival. Sincerely, e Nava President& Chief Executive Officer 4101111111111111101441411**** PUEBLO