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HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2007-02-12 18-00_19-26_Finally adopt Ordinance 1692, Sidewalk Cafe Ordinance Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Paul Luwe, City Attorney Chris Kukulski, City Manager SUBJECT: Ordinance 1692 MEETING DATE: Monday February 5, 2007 RECOMMENDATION: The City Commission finally adopt ordinance 1692. BACKGROUND: In August, our office, in response to an inquiry, contacted Plonk about placing drinks and bottles of wine on the window sill for their customers sitting outside. Upon receipt of the letter, Plonk immediately stopped their practice. The owner of Plonk requested the Commission to consider allowing sidewalk cafes to serve alcohol. The Commission directed that an ordinance be prepared authorizing the serving of alcohol at sidewalk cafés and that the request be reviewed by CAC (Community Alcohol Coalition) with a recommendation to the Commission. CAC has reviewed various drafts of this ordinance over the past four months. CAC unanimously recommended approval of the attached ordinance. The owner of Plonk, Earle C. Langeland, worked very closely with CAC on this ordinance and last week, by your action, was appointed to be a member of the CAC. Sidewalk cafes wishing to serve alcohol must apply for a permit from the Director of Public service and must satisfy the requirements of this ordinance which include: • Having an alcohol beverage license • The sidewalk café area must be included the State license • The liability insurance must include the sidewalk café area • All food and beverages must be served and contained in the sidewalk café area • Service of alcohol is limited to patrons sitting at tables in the sidewalk café area • Alcohol can’t be served in paper products • The server of alcohol must have received an approved alcohol server training • The owner is responsible for policing the area • No sale of alcohol after midnight and all containers of alcohol removed from area by midnight • Sidewalk café area must be adjacent to the licensed building, provide adequate ingress and egress. • The Café area must be delineated by a movable fence meeting certain requirements. The ordinance does not provide a specific feet requirement between street and the sidewalk café area as the Public Service Director can place restrictions she deems necessary to ensure safe passage of pedestrians and vehicular traffic. This determination is best made at the time of application. CAC also recommended that when the Municipal Infraction Ordinance is approved that a violation of this ordinance be a municipal infraction with a first offense of $100 to $300 and a repeat offense of $100 to $500. You will be considering the Municipal Infraction Ordinance this spring. 19 At the City Commission meeting held on January 29, 2007 the Commission provisionally adopted ordinance 1692. FISCAL EFFECTS: No significant fiscal effects have been identified. ALTERNATIVES: As may be recommended by the Commission. Respectfully submitted, ___________________________ ____________________________ Paul J. Luwe, City Attorney Chris A. Kukulski, City Manager Attachments: Ordinance 1692 20 - 1 - ORDINANCE NO. 1692 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 12.22.020 AND 12.22.070 OF SAID CODE; PROVIDING FOR THE PERMITTING OF SIDEWALK CAFES SERVING ALCOHOL ON PUBLIC SIDEWALK. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Section 12.22.020 of the Bozeman Municipal Code, so that BMC Section 12.22.020 shall read: “12.22.020 Definitions For the purposes of enforcement of this chapter, the following definitions apply: A. "Block face" means that portion of all city sidewalk fronting the streets along Mendenhall, Main, and Babcock Streets and lying between avenues running in a north-south direction. B. "Director" means the Director of Public Service and includes the Director’s authorized representative. C. "Encroachment" means any fixture or device including but not limited to a showcase, table, bench, rack, handcart, pushcart, sign, or stall, which intrudes into or invades the public right of way. D. "Portable Sign" means any sign as defined by 18.65.020 which is set in the public right of way. E. "Public Right of Way" means any area legally open to public use including but not limited to public streets, sidewalks, roadways, highways, parkways, alleys, or parks as well as areas surrounding and immediately adjacent to public buildings. F. "Sidewalk" means all that area legally open to public use as a pedestrian public way between the curb line and the legal building line of the abutting property. G. “Sidewalk café” means any group of tables, chairs, benches, barriers or partitions, trash containers and suitable decorative devices maintained upon any part of the public right-of- way for use by an establishment with a valid food and drink permit in the sale to the public of food, refreshments, and beverages of all kinds and is not a sidewalk vending cart. G H. "Sidewalk Display" means any showcase, table, bench, rack, sign, stall, kiosk, or any other fixture or device used for the purpose of displaying, exhibiting, carrying, transporting, storing, selling, or offering for sale any food, beverage, goods, wares, merchandise, event, or service upon a sidewalk. H I ."Sidewalk Vending Cart" means any handcart, pushcart, stall, or any other mobile device that is used for the purpose of displaying, exhibiting, carrying, transporting, storing, selling, or 21 - 2 - offering for sale any food, beverages, goods, wares, or merchandise upon a sidewalk. I J."Special Event" means any occasion including but not limited to fairs, shows, exhibitions, city- wide celebrations, and festivals taking place within a specifically defined area of the City of Bozeman.” Section 2 That Section 12.22.070 of the Bozeman Municipal Code, so that BMC Section 12.22.070 shall read: “12.22.070 Uses Permitted under this Chapter A. It is the permittee’s responsibility to place any encroachments allowed under this chapter in a manner which ensures safe pedestrian and vehicular travel. All items permitted pursuant to this chapter shall be placed not less than two (2) feet from the curb, leave a minimum of five (5) feet of sidewalk aisle clear and shall not interfere with vehicular sight triangles as set forth in Title 18 of this code, and as necessary for safe vehicular traffic. Additionally, all encroachments permitted under this chapter will be built and maintained in such a manner as to ensure the safety of the public. B. Permits may be issued under this chapter for the following uses: 1. Benches: Any benches must be placed flush to the corresponding building and must not project more than three (3) feet into the sidewalk. 2. Portable signs: These signs must not exceed a height of five (5) feet or a width of three (3) feet, placed adjacent and perpendicular to the corresponding building and within four (4) feet of the business entrance; 3. Sidewalk Displays: With the exception of kiosks, displays must be placed flush against the building, must not exceed six (6) feet in height, and must be within four (4) feet of the business entrance; 4. Kiosks: kiosks must not exceed eight (8) feet in height and must be placed in a manner so as not to interfere with free flow of pedestrian and vehicular traffic; 5. Bike Racks: Bike racks must not exceed a ten (10) bike capacity with five (5) bikes per side and be placed so the parked bikes run parallel with the street; 22 - 3 - 6. Sidewalk Vending Carts: The Cart must be no more than three (3) feet wide, must be placed within 4.5 feet of the store face and may operate between 6:00 a.m. and 9:00 p.m. or until sunset whichever occurs first. All signage must be attached to the cart and shall not exceed 6 feet in length. The City, at its discretion and upon request, may allow the use of a portable sign. Vending carts will be allowed on Mendenhall, Main, and Babcock Streets only and not more than one cart will be allowed per city block face. 7. Tables and chairs: Tables used for the primary purpose of consuming food or beverages must be no more than four (4) feet wide and set in a manner so that the chairs shall not extend more than five (5) feet into the Right of Way; 8. Hanging pots: Pots for flowers or other miscellaneous items may be hung from the rods extending from the light poles only. The bottoms of all pots must not be any lower than seven (7) feet and shall not block streets signs in any manner; 9. Sidewalk Café serving alcohol: a. All sidewalk cafes having an alcohol beverage license shall be required to have staff of the establishments owning such sidewalk cafes serve all food, alcohol and non-alcoholic beverages in the sidewalk cafe area only. Service of alcohol beverages in all sidewalk cafes shall be limited to persons seated at tables in the sidewalk cafe site. The serving of alcohol shall be served in glasses and not in paper or plastic products. Any person serving alcohol must have received alcohol server training through a City approved training program. b. The sidewalk café alcohol beverage license issued by the State of Montana must include as part of the licensed premise floor plan the sidewalk café area. Liability insurance required in BMC 12.11.0500B will cover the sidewalk café area. c. Each sidewalk cafe serving alcohol beverages shall be responsible for policing the area of the sidewalk cafe to be sure that customers are of the legal drinking age and that alcohol beverages are not removed from the premises. d. There shall be no sale of alcohol for consumption at a sidewalk cafe after 12:00 A.M. (Midnight) until normal opening of business each day. In addition, all containers of intoxicating beverages shall be removed from the tables of the sidewalk cafe and the sidewalk cafe area by12:00 A.M. 23 - 4 - e. The sidewalk café area must be adjacent to the licensed building and shall be enclosed, except for ingress and egress entry point, by a movable fence approved by the Director of Public Service. The fence shall be: (i). black or of a color that matches the adjacent building; (ii). at least 4 feet in height; and (ii). shall be of a design and quality that does not permit children or other persons to crawl under the fence. 9 10. Miscellaneous items: The Director of Public Service may permit other items as deemed appropriate. The director shall place what restrictions the director deems necessary to ensure the safe passage for pedestrian and vehicular traffic.” Section 3 Repealer All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 4 Savings Provision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 5 Severability If any portion of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 6 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. 24 - 5 - FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the 12th day of February, 2007. _______________________________________ JEFFREY K. KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 25