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HomeMy WebLinkAbout~Master - Allowance of alcohol service in sidewalk cafe at Della Viti RESOLUTION NO. 17-294 RESOLUTION APPROVING EXCEPTION TO MUNICIPAL CODE ALLOWING ALCOHOL SERVICE IN SIDEWALK CAFE AT DELLA VITI FOR THE CITY OF AMES WHEREAS, earlier this year, the City Council adopted new regulations regarding sidewalk cafes, and these regulations allow for alcohol service in certain circumstances; and, WHEREAS, establishments that, under Section 17.16 of the Municipal Code, may allow minors on the premises, are permitted to serve alcohol at their sidewalk cafes without prior special approval, and these applications are approved by staff; and, WHEREAS, establishments that are not allowed to have minors on the premises must request approval from the City Council to serve alcohol at their sidewalk cafes; and, WHEREAS, Della. Viti, 323 Main Street, has submitted a request to implement a sidewalk cad and serve alcohol at it; Della. Viti has a liquor license and, because a majority of its sales come from selling alcoholic beverages,may not have minors on the premises; and, WHEREAS, therefore, approval from the City Council is required to allow alcohol service at its proposed sidewalk cafe, and the new sidewalk cafe regulations call for the Council to consider requests from establishments on a case-by-case basis; and, WHEREAS, the Code specifies that the Council shall consider the following factors when presented with a request: site conditions, compliance history/staff training, and other factors the Council deems relevant; and, WHEREAS, in addition to the above three specific issues, the Council must take into consideration with this request that the Municipal Code requires that any sidewalk cafe at which alcohol is served must operate with additional restrictions compared to those where alcohol is not served; and, WHEREAS, finally, the Municipal Code empowers the City Council to impose special conditions on any sidewalk cad granted an exception to dispense alcohol if it feels such restrictions are appropriate; and, WHEREAS, upon review of the application materials, the application appears complete and in order; and, WHEREAS, Della Viti has applied for an Outdoor Service Privilege; therefore, because holding the appropriate liquor control license is a pre-requisite to allow alcohol service at a sidewalk cad, Council approval of Della. Ves request to serve alcohol must be made contingent upon obtaining an Outdoor Service Privilege. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the request from Della Viti to allow alcohol service at its sidewalk cafe at 323 Main Street during the 2017 sidewalk cafe season is hereby approved, contingent upon this establishment obtaining an Outdoor Service Privilege as part of its liquor license renewal. ADOPTED THIS 91h day of May, 2017. _�1� I �w L1 A --' Diane R Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Corrieri Seconded by: Betcher Voting aye: Beatty-Hansen, Betcher, Corrieri,Nelson Voting nay: Gartin Absent: Orazem Resolution declared adopted and signed by the Mayor this 91h day of May, 2017.