HomeMy WebLinkAbout[06b] Bello Cucina Outdoor Provisions •
:, 6(b)
crr' OF $T. J[ »N Nft Council Agenda Item
MEETING DATE: April 5, 2012
AGENDA ITEM: Liquor License — Outdoor Dining
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: The current liquor Ordinance includes a provision for permanent outside liquor
sales, but also requires a six foot screened fence. The property owner and liquor license holder is requesting to
reduce the fence height and not require a screened fence. They are willing to add some large evergreens to
provide some screening. The Police Chief has talked to his colleagues about provisions for such in there
prospective Cities, and the polices are all over the place. Most of the area Cities do not confine the outside sales as
does St. Joseph. In talking to the area Cities their does not seem to be set Ordinance that could be adopted. The
Police Chief has reviewed the proposal by the property owner and agrees with the proposal and amending the
Ordinance, provided the primary sales are food, not alcohol.
An amendment to the liquor ordinance does not require a public hearing, rather adoption and publication after
adoption. The restaurant would like to be able to offer outdoor dining with alcohol when they open. Based on
the current Ordinance they could not service outside unless the fence met the requirements.
To follow is a concept for the patio. It should be noted that the evergreens in the northwest corner will probably
not be allowed as it could impact traffic safety creating a visibility issue.
BUDGET /FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
Ordinance Extraction
Graphics
REQUESTED COUNCIL ACTION: If the Council is agreeable to the Ordinance Amendment a motion to approve and
authorization to publish would be required. If action is not taken, the Ordinance remains intact and alcohol sales
can only occur outside if the Ordinance requirements are met.
This page intentionally left blank
Subd. 5: Permanent Outside Liquor. Notwithstanding the provisions of Section 71.11,
Subdivisions 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating liquor and may
allow persons to possess and consume said intoxicating liquor outside of a building of an "on
sale" business pursuant to the following terms and conditions:
a) The said sale, consumption and possession is limited to property adjacent to and
contiguous with the building of the "on- sale" business, and on real property
owned or leased by the licensee. Under no circumstances shall the sale,
consumption or possession of the intoxicating liquor occur on any public streets,
alleys, sidewalks, park or other public property.
b) The area in which sale, consumption and possession of intoxicating liquors may
occur shall be clearly designated and enclosed by permanent fencing, which will
effectively control ingress and egress to the designated area, limiting ingress and
egress to specific entrances and exits which must be effectively controlled by the
licensee, his/her agents or employees. The fence shall be at least six feet in height
but shall not be more than ten feet in height, and shall be constructed as a "privacy
fence" so as to obstruct the view into the designated area from off the licensed
premises; except,
a. if the area is for sport-type recreational use, a chain link fence is
deemed sufficient.
b. if the area is attached to a restaurant whose business is food sales,
the fence height shall be at least four feet in height and the level of opaqueness
shall be determined by the Police Chief and must demonstrate that alcohol sales
will be confined within the eating area.
The fence shall comply with structure and building setback requirements for the
property on which it is constructed.
c) The licensee, his/her agents or employees shall be present at the designated
outside area at regular intervals for the purpose of supervising the activity of those
persons purchasing, possessing or consuming intoxicating liquor and further for
the purpose of controlling ingress and egress to the designated area.
d) No intoxicating liquor shall be sold, served, possessed or consumed in the
designated area outside of the building of an "on- sale" business later than 10:00
o'clock p.m. Customers or patrons shall not be allowed to remain in the outside
area later than 10:15 o'clock p.m. The provisions of the St. Joseph Noise
Ordinance (Ordinance 102) shall apply to the activities occurring in the outside
area, including the playing of music. All activities must conform to the noise
limitations established by Ordinance 102.
e) The licensee shall be responsible for the conduct of all persons present in the
designated outside area. No person so located shall engage in obscene, vulgar or
offensive language which can be heard outside the premises owned by the
71 -14
1 '
t'
4-+ -
N
CD
CIO
0
0 ..
a--+ _
eta
L �
V ; C 4
—0 NO
(0
y f
`i e
a) 0 -I- , ' `fix
ti � f �i# � t1 k .t 1:',4 < ,� k
/ � 4 , §p:p . (.7 5 4 �..L� . � + ,`
��� � �'�a' e '� � r � .-rte "�*P'i� :,:;:':::;,° �, �.3 wu � Y� � i TH 5
`9 ',
£ �• ,..,„..' i s .^ d 7� M+
s k i;, ,, ,
■ -. d: •
'
S
•
ti
r_ 4.. •!;
••%' # .104 O ; .i
— j ,f a•,:�
7
o.
,
•
SOMIIIINIIIII
ININ
MMIIIIMMINIIIIIII
j /i.' A'
l 1 ...-, ,
..,. pC^'G } Riiii
o
N r . •
tIO
' '
• 3
O
J
r iii
+J
0 M
R3 O C
CIO
O —
lD +' .5
a—+ ID
m
v o
C Q
N N o
X v V)
MN
1 t ti -
l
1
CU
O
(1) rommo
ID
T T I s
tL0
VD
•
4- ter:
N
CID ,
I 'Mik 111
F
l
a_ _ A ,
'
M m. r
■ V
0 Pa
;