HomeMy WebLinkAboutAgenda Report - January 21, 1998 H-01a 4
CITY OF L0DI COUNCIL COMMUNICATION
Or 4
• AGENDA TITLE: Review of City Code Pertaining to Alcoholic Beverages and City Sidewalk Encroachments
for Seating
MEETING DATE: January 21, 1998
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council review Lodi Municipal Code §9.04.010 pertaining to alcoholic
beverages and City sidewalks and provide staff direction on possible changes to the
Code. Staff recommends that the Code be left as is.
BACKGROUND INFORMATION: Staff has received a request from Mr. Fred Reynolds, owner and operator of
Fred's Puff -N -Stuff and Stogies Lounge, to establish an outdoor seating area on
Pine Street fronting these businesses. Because Stogies serves alcoholic
beverages, the State Alcoholic Beverage Control requires that the area be
fenced. However, Lodi Municipal Code §9.04.010 (Exhibit A) only permits such fencing and serving of alcohol at
locations of "bona fide eating establishments". To allow this use, the Code would need to be changed. While staff
does not recommend a change, we see two alternatives for changing the Code to accommodate the request should
Council wish to do so:
1. Modify the restriction limiting locations to include "smoking lounges" or "retail tobacco" stores;
2. Eliminate the location restriction. This would allow practically all uses, including bars, to have
outdoor seating.
The first alternative takes care of this specific request; however, staff is concerned about having to draw distinctions
between this case and other businesses that may wish to pursue these lines of business in addition to their existing
business. The second alternative, while eliminating the distinction, may lead to an excess of sidewalk "bars". In
either alternative, adding the requirement of obtaining a use permit is recommended. This would provide a degree of
public notice, review, and conditions not provided by the encroachment permit process. Recognizing the potential
controversial nature of this change, staff is bringing the matter to the Council for preliminary discussion and direction.
This entire issue is related to the new State law prohibiting smoking in bars. Staff anticipates receiving requests for
sidewalk encroachments for benches and other outdoor uses, excluding consumption of alcohol, to accommodate
smokers. The City's encroachment ordinance does not specifically address this use, only in that "encroachments"
require a permit issued by the Public Works Director. In the past, staff has brought such seating requests to the
Council. The Council may also wish to comment on this issue.
N //4/
FUNDING: None required.
Prepared by Richard C. Prima, Jr., City Engineer
Attachment
cc: Mr. Fred Reynolds
Chamber of Commerce
Lodi Downtown Business Association
Street Superintendent
APPROVED:
Swencrch.doc
Jack
Publi
. Ronsko
Works Director
Dixon Flynn -- City Manager
4
01/08/98
1
Chapter 9.04
OFFENSES AGAINST PUBLIC
DECENCY
Sections:
9.04.010 Alcoholic beverage—
Open container in public.
9.04.020 Poolrooms and minors.
9.04.010 Alcoholic beverage—Open
container in public.
No person shall drink or have in his
possession an open container of any alco-
holic beverage:
A. On any public street, sidewalk or
other public way;
B. Within fifty feet of any public way
while on private property open to public
view without the express permission of the
owner, his agent or the person in lawful
possession thereof.
C. Nothing in this section shall prohibit
the sale, possession or consumption of
alcoholic beverages on a public right-of-
way; provided, that all the following condi-
tions are met:
1. A valid right-of-way encroachment
permit for such premises has been obtained
from the public works department,
2. The location upon which such alco-
holic beverages are to be sold, consumed or
possessed is adjacent to and operated as part
of a bona fide eating establishment,
3. The premises are appropriately li-
censed by the state of California for such
sale of alcoholic beverages,
4. The area of the public right-of-way
upon which such alcoholic beverages are to
be sold, possessed or consumed is com-
pletely surrounded by a fence or enclosure
at least three feet high and not directly
EXHIBIT A
9.04.010
accessible (with the exception of emergency
exits or gates from the surrounding public
sidewalk or right-of-way). (Ord. 1618 § 1,
1995; prior code § 15-5A)
CITY COUNCIL
JACK A. SIECLOCK, Mayor
KEITH LAND
Mayor Pro Tempore
STEPHEN J. MANN
PHILLIP A. PENNINO
DAVID P. WARNER
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
January 15, 1998
Mr. Fred Reynolds, Owner
Fred's Puff -N -Stuff and Stogies Cigar Lounge
228 and 230 West Pine Street
Lodi, CA 95240
Lodi Downtown Business Association
Attn: Alan Goldberg
c/o Farmers and Merchants Bank
P. O. Box 380
Lodi, CA 95241-0380
H. DIXON FLYNN
City Manager
ALICE M. REIMCHE
City Clerk
RANDALL A. HAYS
City Attorney
Chamber of Commerce
Attn: Les Dabritz, Executive Director
P. O. Box 386
Lodi, CA 95241
Lodi Downtown Business Association
Attn: Barbara McWilliams
c/o Poser's TV & Radio
208 South School Street
Lodi, CA 95240
SUBJECT: Review of City Code Pertaining to Alcoholic Beverages
and City Sidewalk Encroachments for Seating
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, January 21, 1998. The meeting will be held at 7 p.m. in the City Council Chamber,
Carnegie Forum, 305 West Pine Street.
This item is on the regular calendar for Council discussion. You are welcome to attend.
If you wish to write to the City Council, please address your letter to City Council, City of Lodi,
P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may
hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card
(available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the
City Clerk. If you have any questions about communicating with the Council, please contact
Alice Reimche, City Clerk, at 333-6702.
If you have any questions about the item itself, please call Richard Prima, City Engineer, at
333-6706.
. Ronsko
Works Director
Enclosure
cc: City Clerk /
NSWENCRC.DOC