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Home My WebLink About2.a. City Code 3-1-12 Outdoor Patio and Decks Use Conditions - Licensed Liquor EstablishmentsAGENDA ITEM: City Code 3 -1 -12 Outdoor Patio and Decks Use Conditions Licensed Liqu Establishments AGENDA SECTION: PREPARED BY: Gary Kalstabakken, Chief of Police Amy Domeier, City Clerk k AGENDA NO. 2,41_, ATTACHMENTS: City Code as adopted De 'e ber 2007, Maps of current patios showing distance to nearest residential area APPROVED BY: Oa) RECOMMENDED ACTION: Discussion 4 ROSEMOUNT CITY COUNCIL City Council Special Work Session: July 7, 2009 EXECUTIVE SUMMARY 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. ISSUE At the time the amendment was adopted, two establishments had patios that had already been approved as part of their liquor license. Those businesses were Rudy's Redeye Grille and Superstars (now Carbone's). The conditions adopted applied to the existing as well as any new patios approved. One of the conditions is "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." In addition to the specific conditions included in the City Code, additional conditions have been set on the liquor licenses of Shenanigan's Pub and Carbone's Pizza. These conditions are the same for each of the two establishments and require that all patrons are cleared from the patios at 11 p.m. Sunday Thursday and 12 a.m. on Friday and Saturday. On April 26, 2009 a complaint was received about noise at Carbone's. Responding police officers found the patio occupied, music playing on the patio and the doors to the establishment were also open and music could be heard coming from the doorways. These activities were all stopped. On May 5, 2009 a letter was sent to the owners of Carbone's. The letter reminded the owners of the patio conditions contained in the City Code and of the specific conditions related to use of their patio. Officers have continued to randomly check the patio since that first violation and complaint and have found music playing on the patio on four occasions and on two of those occasions patrons were still drinking on the patio after the designated end time. Officers also check the patio usage at the other businesses. Shenanigan's was found in violation one evening and warned. The Legion and VFW have not been found to be in violation on any checks. Rudy's Redeye Grille has had their patio since opening in 2005. Music has been played through speakers on their patio since it opened. There have been no complaints received regarding the music. On June 19, 2009 a police sergeant checked Rudy's and discovered that Rudy's was playing music on the patio in violation of the City Code. Staff at Rudy's was advised of the violation of the Code and told to turn the music off. Rudy's owners /management has requested that this prohibition be reconsidered by Council. Carbone's owners also support having the music prohibition reconsidered. 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: Carbon's 75 feet Shenanigan's Pub 80 feet Rudy's —140 feet Legion —150 feet VFW —1050 feet This item is brought before Council for discussion following the request of at least two of the establishments to consider amending the ordinance. OPTIONS Options to consider include: 1. Leave the ordinance as is with no changes. 2. Amend the ordinance to allow music at establishments that are a specific distance from the nearest residential structure. 100 feet is one distance to consider. 3. Amend the ordinance to allow music at all establishments but establish a specific noise limitation as measured in decibels at a set distance from the patio. 4. Amend the ordinance to allow music on patios during the hours that service is allowed on the patio. 2 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. EST: 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. Patrons shall not leave the premises with a drink nor 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 Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of 2007. Liquor Licenses and Residential Proximity rT ROSEMOUNT Rosemou t VFW Post E 0 62.5 125 !50 375 500 Cliii=N1■11 Feet FILE: //snap2/sharel/( 1S/City/Maps/Departmental Maps/CommunityDevelopmentiKm/Bar Patios/2009 Legion.rrd June 2009 Liquor Licenses Carbone's Pizza Pub za SEMOLINT- 0 12.5 25 50 75 100 Feet FILE: /snap2 /sharel /GIS /City /Maps /Departmental Maps /CommunityDevelopment/Kim /Bar Patios /2009 Carbones.mxd Q parcels June 2009 Liquor Licenses and Res American I4egion Club SEMOUN 1 0G'E A 0 12.5 25 50 75 100 II. Feet FILE: /snap2 /sharel /G 5 /City /Maps /Departmental Maps /CommunityDevelopment/Klm /Bar Patios /2009 Carbones.mxd June 2009 Liquor Licenses and Resider% Rudy's Redeye Grill SEMOUNT E D ;ES 0 12.5 25 50 75 100 Feet FILE: /snap2/sharel /GIS /City /Maps /Departmental Maps /CommunityDevelopment/Kim /Bar Patios /2009 Rudys.mxd Q parcels June 2009 Liquor Lice" ses and Shenanig n's Pub O ROSEMOUN 121,Z1L•].il.1U 1141M1�,�Ala -41-4 fo— tip 0 12.5 25 50 75 100 II 1 Feet FILE: /snap2/sharel /G S /City /Maps /Departmental Maps /CommunityDevelopment/Kim /Bar Patios /2009 Rudys.mxd June 2009