HomeMy WebLinkAbout~Master - Approving exception to Section 22.32(c)(2)(v) to allow alcohol service in Sidewalk Cafe at Della Viti, 323 Main Street, Suite 102RESOLUTION NO. 25-134
RESOLUTION APPROVING EXCEPTION TO MUNICIPAL CODE TO ALLOW
ALCOHOL SERVICE IN SIDEWALK CAFÉ AT DELLA VITI
FOR THE CITY OF AMES
WHEREAS, in 2017, the City Council adopted new regulations regarding Sidewalk Cafés,
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 Cafés 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 cafés; and,
WHEREAS, Della Viti, located at 323 Main Street, has submitted a request to implement
a Sidewalk Café and serve alcohol at it; and,
WHEREAS, this establishment has received City Council approval to operate a sidewalk
café with alcohol sales since the 2017 Sidewalk Café 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 café 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 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, 2025;
because holding the appropriate liquor control license is a prerequisite to allow alcohol service at
a Sidewalk Café, 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 Café during the second half of the 2025 Sidewalk Café 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 Café during the 2025 Sidewalk
Café season is hereby approved, subject to Della Viti maintaining its Outdoor Service Privilege.
ADOPTED THIS 8th day of April, 2025.
_________________________________ ___________________________________
Renee Hall, City Clerk John A. Haila, Mayor
Introduced by: Betcher
Seconded by: Beatty-Hansen
Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 8th day of April, 2025.