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HomeMy WebLinkAbout~Master - Approving Exception to Municipal Code to Allow Alcohol Service in Sidewalk Cafe at Della Viti RESOLUTION NO. 24-180 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 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, Della Viti, located at 323 Main Street, has submitted a request to implement a Sidewalk Caf6 and serve alcohol at it; and, WHEREAS, this establishment has received City Council approval to operate a sidewalk caf6 with alcohol sales since the 2017 Sidewalk Caf6 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 caf6 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 Municipal 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 City Council deems relevant; and, WHEREAS, additional required restrictions that would apply to Della Viti 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,no conditions were imposed by the City Council in granting previous approvals for Della Viti; and, WHEREAS,upon staffreview of the application materials,the application appears complete and in order; and, WHEREAS,Della Viti's current Outdoor Service Privilege is valid through June 17,2024; because holding the appropriate liquor control license is a prerequisite to allow alcohol service at a Sidewalk Cafe, City Council approval of Della Viti'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 Cafe during the second half of the 2024 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 2024 Sidewalk Cafe season is hereby approved, subject to Della Viti maintaining its Outdoor Service Privilege. ADOPTED THIS 9ch day of April, 2024. e4 W- � e 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 9th day of April, 2024.