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HomeMy WebLinkAboutA001 - Council Action Form dated September 28, 1999 } ITEM # DATE September 28, 1999 COUNCIL ACTION FORM SUBJECT: RESOLUTION APPROVING AN AMENDMENT TO SECTION 22.4 RELATING TO SIDEWALK CAFES BACKGROUND: The City Manager's Office has received a request from Mr. Scott Meyers to locate a sidewalk cafe outside of the Short Shop (formally the Mane Event) on West Street. At first staff thought there would be no problem satisfying this citizen request until it was brought to our attention that Section 22.4 of the Municipal Code currently describes a sidewalk cafe as a place... "... for use in connection with the consumption of food and non-alcoholic beverages sold to the public from, or in, an adjoining restaurant." Obviously, when this section of the Code was introduced to allow sidewalk cafes, the staff did not contemplate any desire for tables and chairs to be placed outside to service any establishment other than a "restaurant." This restricted availability to only restaurants seems too limiting. Today, many establishments (convenience stores, gas stations, etc.) sell pre-packaged foods. The ability to place tables and chairs outside of these establishments seem reasonable, as long as they abide by the same rules as other sidewalk cafes. In order to accommodate this change, the existing Code should be changed to specify that--in addition to restaurants--the definition for sidewalk cafes will include "other indoor businesses selling food for consumption on the premises." ALTERNATIVES: 1 . The City Council can approve the attached resolution amending the definition of a sidewalk cafe to include other indoor businesses selling food for consumption on the premises. 2. The City Council can decide not to take any action to broaden the definition of sidewalk cafes. This position will limit the use of sidewalk cafes for restaurants only. 3. The City Council can decide not to take any action to broaden the definition of sidewalk cafes. The specific request can be accommodated with the issuance of a temporary obstruction permit by the City Manager. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This action will broaden the definition of a sidewalk cafe to include all indoor businesses that sell food for consumption on their premises. This action seems reasonable given the growing number of businesses that are not considered restaurants according to the Code yet are selling pre-packaged food on their premises. COUNCIL ACTION: