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HomeMy WebLinkAbout2.c. Discussion of Liquor License OrdinanceAGENDA ITEM: Liquor Ordinance Update AGENDA SECTION: Discussion PREPARED BY: Amy Domeier, City Clerk Kim Lindquist, Community Development Director AGENDA NO. ATTACHMENTS: Freedom to Breathe Fact Sheet APPROVED BY: RECOMMENDED ACTION: Discussion only 4 ROSEMOUNT CITY COUNCIL City Council Work Session: September 12, 2007 EXECUTIVE SUMMARY ISSUE The Freedom to Breathe "FTB provisions were signed into law by Governor Tim Pawlenty on May 17, 2007. The provisions were put into place to protect employees and the public from the health hazards of second hand smoke. Effective October 1, 2007, the law is silent regarding outdoor areas, meaning that the law does not prohibit smoking in outdoor areas regardless of the distance from building openings. Property owners may choose to create restrictions concerning smoking areas outside their establishments on their property. Additionally, local governments can provide regulations either for guidance or to be more restrictive than State law relating to the outdoor areas. With the change in the smoking regulations, it is anticipated that liquor license holders will inquire about adding a patio or deck to their premises. Depending upon which zoning district the establishment is located in, an outdoor patio is either an accessory or conditional use. If considered a conditional use, the Planning Commission and City Council will need to formally approve the change. The serving of alcohol or allowing it to be consumed outside the premises is another issue. It is possible under Minnesota law but the license holder must apply for an amendment to their on -sale liquor license and the new area must describe exactly where alcohol will be consumed and /or served. If the city approves an amended liquor license, it must be filed with the Minnesota Department of Public Safety's Alcohol and Gambling division. The only liquor establishments in the city that have patios are McDivot's and Rudy's Redeye Grill. Should any license holder request an amendment, the fee for the amendment is $175.00. Staff is also considering whether the patio is considered a special use and if a conditional use permit will be required. BACKGROUND Staff is requesting that conditions for the addition of patios incorporated to the Liquor regulations. In 1997, McDivot's amended its liquor license to include a patio area that would be compact and contiguous to the main structure. These conditions are similar to those also required for Rudy's Redeye Grill. The conditions imposed for the approval of the amendment were as follows: 1) The patio area shall be enclosed with a wrought iron railing which meets the City Code and final inspection by the city building official; 2) There shall be no music or dancing on the patio; 3) The patio area shall be controlled and monitored continuously during hours of operation and unruly patrons shall be removed immediately; 4) The hours and days of sale of alcoholic beverages shall be in accordance with the City Code with the exception that the licensee shall clear the patio area of patrons no later than eleven o'clock (11:00) P.M., Sunday through Thursday, and twelve o'clock (12:00) A.M. Friday and Saturday; 5) There shall be no bar on the patio and food and beverages will be brought to tables from inside the building by servers; 6) The primary activity on the patio shall be dining and social drinking rather than consuming alcoholic beverages only; 7) This amendment to the licensee's On Sale Intoxicating liquor License and Special Sunday On Sale license applications shall be approved on a provisional basis, and the Council may revoke, suspend or decline to renew the license for the patio portion of the licensed premises on the grounds of failure to comply with the conditions in this Resolution or undue annoyance or burden on nearby residents, in the absolute and sole discretion of the City Council. 8) If the City Council revokes or suspends approval or declines to renew the license for the sale of alcoholic beverages on the patio because of undue annoyance or burden to nearby residents, such action shall not jeopardize or cause suspension or revocation to the licensee's On Sale Intoxicating Liquor License and Special Sunday Liquor License for the premises described in the original application for licenses submitted by Wilkat, Inc. 9) The conditions set forth above shall continue to be in effect during the 1997 license year and any renewal years unless explicitly modified or rescinded by the City Council. Staff's intent is to have the same or similar requirements in the code so that at the time of the amendment application the applicant would be fully aware of the conditions and restrictions moving forward. The applicants will need to be mindful of the concerns from adjacent property owners and residents about noise levels which may be caused from having alcohol served outside. CONCLUSION While the city retains the power to adopt more stringent measures to protect individuals from secondhand smoke it is anticipated that local liquor license holders will want to add patio areas to their buildings. Staff is looking for direction on what regulations should be added to the code for outdoor patios.