The URL can be used to link to this page

Home My WebLink About6.e. City Code 3-1-12 Outdoor Patio and Decks Use Condition - Licensed liquor Establishments4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: April 6, 2010 AGENDA ITEM: City Code 3 -1 -12 Outdoor Patio and AGENDA SECTION: Decks Use Conditions — Licensed Liquor Consent Establishments PREPARED BY: Gary Kalstabakken, Chief of Police AGENDA NO. Amy Domeier, City Clerk ATTACHMENTS: Draft Ordinance, Maps of current patios showing distance to nearest residential APPROVED BY: area RECOMMENDED ACTION: Motion to Adopt an Ordinance Amending Title 3, Chapter 1 Liquor Regulations. 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 / Carbone'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 Carbon's 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 The City Council considered three different options for music on the patios at its regular work session on March 10, 2010. Those options included: 1) leaving the ordinance as is with no changes; 2) amending the ordinance to allow music on the patios during specific hours as utilized during the trial period; or 3) amending the ordinance to allow music on the patios during all hours that service is allowed on the patios. Discussion was held regarding the possible options for moving forward. The City Council favored the third option of amending 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 Motion to Adopt an Ordinance Amending Title 3, Chapter 1 Liquor Regulations. Pq CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. 2010- AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 LIQUOR REGULATIONS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. The Rosemount City Code Title 3, Chapter 1 is hereby amended as follows: 3 -1 -16: OUTDOOR PATIOS AND DECKS: 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. Background music that does not disturb the peace of the surrounding area is permitted during hours when service of alcoholic beverages is permitted. Section 2. This Ordinance shall be in effect following its passage and publication. Adopted this 6th day of April, 2010, 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 .2010. 366437v2 CLL RS215 -1 ROSEMO �v vv v -Feet June 2009 FILE: / /rosemountflel /sharel /GIS /City /Maps /Departmental Maps /Community Development/Kim /Bar Patios /2009 Shenanigans.mxd 0 12.5 25 m j ANN i A i 50 75 100 Feet FILE: / /rosemountfilel /sharel /GIS /City /Maps /Departmental Maps /CommunityDevelopment/Kim /Bar Patios /2009 Rudys.mxd June 2009 ROSEM V �v vV v � eet June 2009 FILE: //rosemou ntfil a 1 /share 1 /G I S/C ity/M aps/D epa rtmental Maps /Community Development/Kim /Bar Patios /2009 Legion mxd s tune' u pa Patio to Parcel 25' � s - - N '- 0 12.5 25 50 75 100 Feet FILE: / /rosemountfilel /sharel /GIS /City /Maps /Departmental Maps /Community Development/ Kim/Bar Patios /2009 Carbones.mxd I mss: Al Imit �g. ED parcels June 2009 vFeet June 2009 FILE: Prose mountflel/ sh are l /GIS/City /Maps/De part mentaI Maps /CommunityDevelopmenUKim /Bar Patios /2009 VFW mxd