Loading...
HomeMy WebLinkAbout~Master - Exception to Municipal Code Section 17.16 for Noir Alcohol Service in Sidewalk Cafe RESOLUTION NO. 23-225 RESOLUTION APPROVING EXCEPTION TO MUNICIPAL CODE TO ALLOW ALCOHOL SERVICE IN SIDEWALK CAFE AT NOIR FOR THE CITY OF AMES WHEREAS, in 2017,the City Council adopted new regulations regarding Sidewalk Caf6s, and these regulations allow for alcohol service in certain circumstances; and, WHEREAS,establishments that,under Section 17.16 ofMunicipal Code,may allow minors on the premises are permitted to serve alcohol at their sidewalk caf6s 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 ofMunicipal Code must request approval from the City Council to serve alcohol at their sidewalk caf6s; and, WHEREAS,Noir, located at 405 Kellogg Avenue, has submitted a request to implement a sidewalk caf6 and serve alcohol at it; and, WHEREAS,this is the second time the City has received a request from this establishment for a sidewalk caf6; and, WHEREAS, Noir 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 caf6 regulations call for the City Council to consider requests from establishments in Noir'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, additional required restrictions would apply to Noir are: • Patron ingress and egress shall be controlled and continually monitored by staff • No alcoholic beverages may be sold or served later than 10 p.m. • Patrons may not consume outside beverages on the premises WHEREAS,upon staff review of the application materials,the application appears complete and in order; and, WHEREAS, Noir's current Outdoor Service Privilege is valid through March 9, 2024; because holding the appropriate liquor control license is a prerequisite to allow alcohol service at a Sidewalk Caf6, Council approval of Noir's request to serve alcohol must be made subject to maintaining an Outdoor Service Privilege if it would like to continue providing alcohol service at its Sidewalk Caf6 during the throughout the 2023 Sidewalk Caf6 season. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames,Iowa, that the request from Noir to allow alcohol service at its sidewalk cafe during the 2023 sidewalk cafe season is hereby approved, subject to Noir maintaining its Outdoor Service Privilege. ADOPTED THIS 25th day of April, 2023. e4w- / ze Renee kall, City Clerk John A. Haila, Mayor Introduced by: Betcher Seconded by: Beatty-Hansen Voting aye: Beatty-Hansen, Betcher, Gartin, Junck, Rollins Voting nay: None Absent: Corrieri Resolution declared adopted and signed by the Mayor this 25th day of April, 2023.