HomeMy WebLinkAboutA014 - Resolution approving exception to Section 22.32(c)(2)(v) to allow alcohol service in Sidewalk Cafe at Della Viti, 323 Main Street, Suite 102ITEM #:16
DATE:03-24-26
DEPT:ADMIN
SUBJECT:EXCEPTION TO SECTION 22.32(C)(2)(V) TO ALLOW ALCOHOL SERVICE
IN SIDEWALK CAFE AT DELLA VITI, 323 MAIN STREET, SUITE 102
COUNCIL ACTION FORM
BACKGROUND:
In 2017, the City Council adopted new regulations regarding Sidewalk Cafés. These
regulations allow for alcohol service in certain circumstances. 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. 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.
Della Viti (323 Main Street) annually requests to implement a Sidewalk Café and serve alcohol
at it. This establishment has received City Council approval to operate a Sidewalk Café with
alcohol sales since the 2017 season. 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 according to Section 17.16 of Municipal Code. Therefore, approval from
the City Council is required to allow alcohol service at its proposed Sidewalk Café.
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. The Code specifies that the
City Council shall consider the following factors when presented with a request:
1. Site Conditions - Della Viti's proposed site is open and unobstructed by existing street
furniture, utility access, or other equipment. The proposed Sidewalk Café will utilize four
tables and will take up five and a half feet of the 13-foot sidewalk. There is a large
window in the front of the establishment that will allow staff to monitor the entire sidewalk
cafe from inside the building. Della Viti has indicated a staff person will be dedicated to
monitoring the sidewalk cafe.
2. Compliance History/Staff Training - A review of Police records indicates no liquor or
nuisance violations in the past at Della Viti. The applicant has stated that in-house
training continues to be conducted with staff when they are hired, which includes ID
checking. Additionally, it is a policy to take IDs from every patron who enters the
premises in exchange for a card which operates the wine-dispensing system.
3. Other Factors the Council Deems Relevant - During the review of previous requests
from Della Viti, the City Council did not identify other factors to consider when weighing
whether to grant approval for requests of this type. Should the City Council have specific
concerns, staff could request additional information from the applicant before the City
Council moves forward with approving or denying the request.
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In addition to the above three specific issues, the City Council must take into consideration
with this request that the Municipal Code requires that any Sidewalk Café at which alcohol is
served must operate with additional restrictions compared to those where alcohol is not
served.
The 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
Finally, the Municipal Code empowers the City Council to impose special conditions on any
Sidewalk Café granted an exception to dispense alcohol if it feels such restrictions are
appropriate. No conditions were imposed by the City Council in granting previous approvals
for Della Viti.
Della Viti’s current Outdoor Service Privilege is valid through June 17, 2026. Because
holding the appropriate liquor control license is a pre-requisite 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.
ALTERNATIVES:
1. Approve the request from Della Viti to allow alcohol service at its Sidewalk Café during
the 2026 sidewalk cafe season, subject to Della Viti maintaining its Outdoor Service
Privilege.
2. Refer the request to staff for additional information.
3. Deny the request.
CITY MANAGER'S RECOMMENDED ACTION:
It is important to ensure that alcohol service in public places occurs in an appropriate
environmen t. Municipal Code requires a higher level of scrutiny for establishments where
alcohol service is taking place and there is little to no food service, as compared to
establishments where alcohol is ancillary to the food service.
In this instance, the establishment has an exceptional compliance record, and has
adopted procedures that maintain a safe, controlled environment where alcohol is
served. The establishment has participated in additional training for its staff to maintain
compliance. The application for the sidewalk café indicates a proposed outdoor service
area that can be easily monitored and that does not attempt to overcrowd the area. The
applicant has responded cooperatively to requests for additional information and
appears to have a good understanding of the requirements in place for compliant
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service. Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
It should be noted that the alternatives presented indicate approval is for only the 2026
sidewalk café season (April through October, according to Municipal Code). Sidewalk
café applications must be completed anew each season; they do not carry over from
year-to-year. This follows the practice established with approval of previous requests for
alcohol service at sidewalk cafes. Requiring new requests each year ensures an opportunity to
review performance and impose special conditions or withhold approval if the establishment
fails to meet the Council’s expectations.
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