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HomeMy WebLinkAbout~Master - Resolution approving exception to Municipal Code to allow alcohol service in Sidewalk Cafe at Della VitiRESOLUTION NO. 26-149 RESOLUTION APPROVING EXCEPTION TO MUNICIPAL CODE TO ALLOW ALCOHOL SERVICE IN SIDEWALK CAFÉ AT DELLA VITI, 323 MAIN STREET 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, 2026; 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 2026 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 2026 Sidewalk Café season is hereby approved, subject to Della Viti maintaining its Outdoor Service Privilege. ADOPTED THIS 24th day of March, 2026. _______________________________ _________________________________ Renee Hall, City Clerk John A. Haila, Mayor Introduced by: Corrieri Seconded by: Betcher Voting aye: Beatty-Hansen, Betcher, Corrieri, Junck, Gartin, Rollins Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 24th day of March, 2026.