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HomeMy WebLinkAbout~Master - Exception to allow alcohol service in Sidewalk Cafe for Della Viti RESOLUTION NO. 18-146 RESOLUTION APPROVING EXCEPTION TO MUNICIPAL CODE TO ALLOW ALCOHOL SERVICE IN SIDEWALK CAFE AT DELLA VITI FOR THE CITY OF AMES WHEREAS, In 2017, 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 Municipal Code, may allow minors on the premises are permitted to serve alcohol at their sidewalk cafes without prior special approval; and, WHEREAS, these applications are approved by staff as long as the applicant obtains the appropriate Outdoor Service Privilege for its license; establishments that are not allowed to have minors on the premises under Section 17.16 of Municipal Code must request approval from the City Council to serve alcohol at their sidewalk cafes; and, WHEREAS, Della Viti located at 323 Main Street has submitted a request to implement a sidewalk cafe and serve alcohol at it; and, WHEREAS, this establishment received Council approval to operate a sidewalk cafe with alcohol sales during the 2017 sidewalk cafe season; and, WHEREAS, Della. Viti has a Class C Liquor License and, because a majority of its sales come from selling alcoholic beverages, may not have minors on the premises; and, WHEREAS, the sidewalk cafe regulations call for the City Council to consider requests from establishments in Della.Viti's situation on a case-by-case basis; and, WHEREAS, the Code specifies that the City Council consider the following factors when presented with a request: 1) site conditions; 2) compliance history/staff training, and, 3) other factors the Council deems relevant; and, WHEREAS, no conditions were imposed by the Council in grating the 2017 approval for Della.Vitt and, WHEREAS, upon staff review of the application materials, the application appears complete and in order; and, WHEREAS, Della Viti's current Outdoor Service Privilege is valid through June 17, 2018; because holding the appropriate liquor control license is a pre-requisite to allow alcohol service at a sidewalk cafe, Council approval of Della. Viti's request to serve alcohol must be made subject to maintaining an Outdoor Service Privilege if it would Ike to continue providing alcohol service at its sidewalk cafe during the second half of the 2018 Sidewalk Cafe season. 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 during the 2018 sidewalk cad season is hereby approved, subject to Della.Viti maintaining its Outdoor Service Privilege. ADOPTED THIS 27" day of March, 2018. IYA" fA Diane R. Voss, City Clerk John . Haila, Mayor Introduced by: Corrieri Seconded by: Betcher Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Martin,Nelson Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 27' day of March, 2018.