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HomeMy WebLinkAbout2020-053 Council Resolution• • RESOLUTION NO. 20-53 A RESOLUTION PROVIDING FOR TEMPORARY REQUIREMENTS RELATED TO OUTDOOR DINING AND SERVICE AND CONSUMPTION OF ON -SALE ALCOHOLIC BEVERAGES WHEREAS, on March 18, 2020 the City Council of the City of Lino Lakes, Minnesota declared a local emergency pursuant to Minn. Stat. Section 12.29; and WHEREAS, the COVID-19 Pandemic has caused certain restrictions to be placed on business owners and the operations of their businesses; and WHEREAS, the City recognizes the need for businesses to operate under these restrictions in place; and WHEREAS, Governor Tim Walz announced on May 20, 2020 that bars and eateries can start to serve sit-down customers at outdoor tables beginning on June 1, 2020; and WHEREAS, the City temporarily waives certain requirements related to off-street parking, temporary structures and permit fees, for accessory outdoor dining and seating facilities; and WHEREAS, the City temporarily waives the requirement that disallows the consumption of on - sale alcoholic beverages purchased from a licensee on parking lots and sidewalks, outside of the fixed, permanent structure. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes that the City hereby makes and adopts the following requirements for temporary outdoor dining and seating facilities and consumption of on -sale alcoholic beverages outside of the fixed permanent structure: 1. Temporary Outside Consumption Area. The on -sale liquor license holder may utilize existing contiguous parking areas or sidewalks, owned or leased by the holder, for the purpose of allowing for the service and consumption of on -sale alcoholic beverages. 2. Description of Premise. The license holder shall include a Description of Premise which liquor may be dispensed and consumed and shall include a site drawing identifying the outdoor boundary areas, the table arrangement and number of seats, entrance/exit locations, the type of containment structure or barriers that will enclose the proposed service area. Amendments to an existing license, limited to a change in the Description of Premise, may be administratively approved. 3. Parking Requirements. Off-street parking requirements for outdoor dining and seating shall be waived, provided the outdoor seating capacity is equal to or less than the existing interior seating capacity of the restaurant. Use of parking stalls and sidewalks will require the following: • • a. Physical barriers to protect the safety of patrons b. Must not use ADA accessible parking stalls c. Patios must have clear exiting strategies. 4. Tents and/or Canopies covering the outdoor dining and seating facilities may be allowed, if not otherwise restricted by State COVID-19 requirements, subject to conformance with State Fire Code requirements. 5. Fees. The Administrative permit fee for accessory outdoor dining and seating facilities is hereby waived. 6. Termination. The interim administrative permits issued under these provisions shall terminate when the public emergency declared by the governor under Minn. Stat. Chapter 12 terminates, or the governor permits bars and eateries to reopen for indoor service, whichever occurs first. If indoor service is limited to less than full capacity, the establishment may request that it be allowed to continue, in whole or in part, the outdoor service allowed. 7. Unless otherwise provided for herein requests for accessory outdoor dining and seating, and/or liquor licensing shall be subject to the requirements of City Code Chapter 700 and Section 1007.054 as applicable. Adopted by the City Council of the City of Lino Lakes this 26th day of May 2020. The motion for the adoption of the foregoing resolution was introduced by Councilmember Lyden and was duly seconded by Councilmember Ruhland and upon vote being taken thereon, the following voted in favor thereof: Lyden, Ruhland, Cavegn, Stoesz, Rafferty The following voted against same: none ATTEST: Julianne Bartell, City Clerk Rob Rafferty, Mayor • • CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala MEETING DATE: May 26, 2020 TOPIC: Consider Resolution No. 20-53, Providing for Temporary Requirements Related to Outdoor Dining and Service and Consumption of On -Sale Alcoholic Beverages. VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve temporary provisions for accessory outdoor dining and seating facilities and issuance of Liquor and Beer licensing. BACKGROUND On Wednesday, May 20, 2020, Governor Walz announced that bars and eateries can start to serve sit-down customers at outdoor tables beginning on June 1, 2020. There are approximately 19 businesses in Lino Lakes that may choose to provide outdoor dining as a result of the order. Restaurants and Bars can reopen for outdoor service only provided they: • Have adopted and implemented a COVID-19 Preparedness Plan • Ensure a minimum of 6 feet of distance between tables • Limit on -premise capacity to no more than 50 persons • Limit table service to 4 persons, or 6 if part of one family unit • Require reservations in advance • Require workers to wear masks and strongly encourage masks be worn by customers • Establish regular disinfection routine and train workers In addition restaurants and bars are subject to any existing state and local requirements. City Code Section 1007.054 currently allows for accessory outdoor dining or seating facilities by administrative permit. This section establishes minimum requirements related to accessibility, parking, and lighting. City Code chapter 700 establishes requirements for Liquor and Beer licensing. This section also allows for outdoor service areas provided they are contiguous with the building. However, the code prohibits the use of parking areas or sidewalks for outdoor service. Licensing requires City Council approval. Liquor and Beer licensing is also subject to state requirements. Additionally, commercial zoning districts do not allow for the use of tents and/or canopies. This has typically been allowed as part of a "Special Event" license for past events. After reviewing City Code requirements staff recognized that certain business, due to location or property restrictions may not be able to meet all the existing requirements. In order to provide more outdoor seating opportunities, respond to changing regulatory requirements and • • • streamline the approval process, staff is seeking council consideration to establish an interim administrative approval process. This process would include temporary measures including but not limited to the following: 1. Waive the requirement that prohibits consumption of on -sale alcoholic beverages on private parking lots and or sidewalk provided they are contiguous to the principal building and all other licensing requirements are satisfied. 2. Allow for amendment of the liquor license description of premise, within which liquor may be dispensed and consumed, by administrative approval provided it meets all other licensing requirements. 3. Waive off-street parking requirements for outdoor dining and seating, provided the outdoor seating capacity is equal to or less than the existing interior seating capacity of the restaurant. Use of parking stalls and sidewalks will require the following: a. Physical barriers to protect the safety of patrons b. Must not use ADA accessible parking stalls c. Patios must have clear exiting strategies. 4. If not otherwise restricted by State COVID-19 requirements, allow for placement of tents and/or canopies subject to conformance with State Fire Code requirements. 5. Waive the administrative permit fee for accessory outdoor dining facilities. 6. Provision that all interim permits issued shall terminate when the public emergency declared by the governor under Minn. Stat. Chapter 12 terminates, or the governor permits bars and eateries to reopen for indoor service, whichever occurs first. If indoor service is limited to less than full capacity, the establishment may request that it be allowed to continue, in whole or in part, the outdoor service allowed. RECOMMENDATION Staff is recommending approval of Resolution No. 20-53 subject to review by the City Attorney. ATTACHMENTS Resolution No. 20-53.