The URL can be used to link to this page

Home My WebLink About2.a. Outdoor Patio and Decks Use Conditions - License Liquor Establishments City Code 3-1-124ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Special Work Session: March 10, 2010 AGENDA ITEM: City Code 3 -1 -12 Outdoor Patio and Decks Use Conditions — Licensed Liquor AGENDA SECTION: Establishments PREPARED BY: Gary Kalstabakken, Chief of Pdlic AGENDA NO. Z.A. Amy Domeier, City Clerk ATTACHMENTS: City Code as adopted December 2007, Maps of current patios showing distance APPROVED BY: to nearest residential area RECOMMENDED ACTION: Discussion and direction on Code amendments. BACKGROUND The City Council adopted conditions for outdoor patios and decks at licensed liquor establishments in December 2007. 'These conditions were adopted following the passage of the Freedom to Breathe Act by the Minnesota legislature. Following passage of the Act, several inquiries were received from the licensed liquor establishments about opening patios and /or smoking areas. Conditions included in the City Code were based upon the conditions already in place for patios at Rudy's Redeye Grille and McDivot's /Superstars /Carbon's as well as conditions included in other cities. During the patio season of 2009 two establishments were found to be playing music on the patio in violation of the City Code. At a Work Session in July 2009 Council directed to allow music at all authorized patios as a test project to determine if the Code should be amended to allow music on patios. ISSUE Following the July 2009 Work Session establishments with a liquor license and approved outdoor patio were allowed to have music on their patios until 9:00 p.m. Sunday through Thursday and until 10:00 p.m. on Friday and Saturday. Rudy's and Carbone have elected to have background music on their patios for the remainder of the year. During this trial period, there was one complaint received on July 11, 2009 concerning noise on Carbone's patio but the complaint was about loud voices — not music. There were no complaints received at Rudy's. Rudy's Redeye Grille has had their patio since the restaurant opened in 2005. Music has been played through speakers on their patio since it opened. There have not been any complaints received regarding the music. Patios have also been approved and are being used at the American Legion and the VFW. No music was played on the patio at either club. Shenanigan's Pub could also have played music on their patio but elected not to incur costs to install speakers and a sound system if music was only being allowed on a trial basis. Based upon the lack of complaints or issues during the trial period it appears that the prohibition against music on patios may not be warranted. It appears that if music is truly kept at "background" levels neighboring properties are not impacted. Noise complaints received about the licensed establishments are often about loud voices or even laughter on the patios as the night progresses. Also, patrons leaving the establishments frequently loiter in the parking lot upon leaving the business and the conversations and other noises create noise problems for neighboring properties. This occurs even if the patrons linger only for a short time while saying good bye for the night. Noise issues do not appear to have increased due to the trial period of music being allowed at Carbone's and Rudy's. The complaints that were received were not related to the music being played. The attached maps show distances from each of the approved patios to adjoining residential property. Distances from the patio to parcel, patio to structure and parcel to parcel are shown on each map. The distance for each patio to the nearest residential structure is listed below: • Carbone's — 75 feet • Shenanigan's Pub — 80 feet • Rudy's — 140 feet • Legion —150 feet • VFW —1050 feet Options to consider include: 1. Leave the ordinance as is with no changes. 2. Amend the ordinance to allow music on patios during the specific hours, such as the 9 p.m. weekdays and 10 p.m. utilized during the trial period. 3. Amend the ordinance to allow music on patios during all hours that service is allowed on the patio. Carbone's and Shenanigan's have their hours limited to 11 p.m. Sunday — Thursday and 12 a.m. Friday and Saturday. All other businesses may have their patio used during all hours of operation. RECOMMENDATION Staff recommends that the City Code be amended to allow music as it was permitted during the trial period (Option #2 above). K CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. XVI.57 AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 LIQUOR REGULATIONS TO INCLUDE OUTDOOR PATIOS AND DECKS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. The Rosemount City Code Title 3, Chapter 1 is hereby amended by adding Section 3 -1 -16 as follows: 3 -1 -16: OUTDOOR PATIOS AND DECKS A. Outdoor Patios and Decks. Service and consumption of alcohol in outdoor patios and decks in conjunction with an intoxicating liquor "on -sale" license, an "on- sale" wine license, a special club license, a special license for Sunday sales or a 3.2 percent malt liquor license may be permitted by the City Council under the following conditions: 1. The patio or deck area must be compact and contiguous to the licensed premises and shall be enclosed with a wrought iron railing that meets standards set forth in the City Code and final inspection by the Chief Building Official. 2. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided. 3. Lighting must be sufficient to promote public safety, directed downward, and compatible with the surrounding area. 4. A buffer zone should be provided between the patio or deck area and adjacent parking lot. The area surrounding a patio or deck area must be fenced so as to not allow entrance from outside the fenced area onto the patio or deck area. 5. Smoking may be allowed on the patio or deck area provided it is in compliance with the Minnesota "Freedom to Breath Act of 2007'. 6. Music, televisions, bands, amplified sound or any activity that would disturb the peace of the surrounding area is prohibited on the outdoor patio or deck area. 7. The patio or deck area shall be controlled and monitored continuously during the hours of operation and unruly patrons shall be removed immediately. 8. The hours and days of sale of alcoholic beverages shall be in accordance with the City Code. 9. Patrons shall not leave the premises with a drink not can drinks be taken onto a public sidewalk. 10. The amendment to the licensee's licenses for the outdoor patio or deck area shall be approved on a provisional basis. The Council may revoke, suspend or decline to renew the license for the patio or deck area portion of the licensed premises on the grounds of failure to comply with the conditions outlined in the resolution or undue annoyance or burden on nearby residents. 11. The outdoor patio or deck area must be included in the required liquor liability insurance for the premises. 12. The City Council may impose any additional conditions it deems necessary in the interest of the public health, safety and welfare at the time of initial approval or any renewal of the license for a patio or deck. The conditions set forth allowing the patio or deck shall be reviewed during the yearly renewal period. Section 2. This Ordinance shall be in effect following its passage and publication. Adopted this 18th day of December, 2007, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of , 2007. FILE. //rosemountfi lel /share 1 /G I S/City/Maps/Departmental Maps /Comm unity DevelopmenVKim /Bar Patios /2009 Carbones mxd V VL.J IGJ LJV JI J JVV Feet June 2009 FILE: / /rosemountfile1 /share 1 /GIS /City /Maps /Departmental Maps /Comm unity Development/Kim /Bar Patios /2009 VFW.mxd FILE / /rosemountfile1 /share 1 /GI S /City /Maps /Departmental Maps /Community Development/Kim /Bar Patios /2009 Legion mxd Emu ,, IN i v / Zl- %- / N 0 12.5 25 50 75 100 �I Feet ROSEMO FILE: //rosemountfile1 /share 1 /GIS /City /Maps /Departmental Maps /CommunityDevelopment/Kim /Bar Patios /2009 Rudys.mxd r_.. __ - June 2009 FILE: //rosemountfi le 1 /share 1 /G I S/City/Maps/Departmental Maps /Comm unity Development/Kim /Bar Patios /2009 Shenanigans.mxd