Loading...
HomeMy WebLinkAboutAgenda Report - May 3, 1995 (79)r OF CITY OF LODI COUNCIL COMMUNICATION cq<i N��P AGENDA TITLE: Amendment of Lodi Municipal Code to Allow Alcoholic Beverage Sale and Consumption in Certain Sidewalk Restaurants MEETING DATE: May 3, 1995 PREPARED BY: City Attorney RECOMMENDATION: Council consideration and possible introduction of attached ordinance. BACKGROUND: The developers of the proposed Hazel's nightclub at the intersection of Oak and School Streets have requested Council consideration of a provision which would allow them to serve alcoholic beverages in a sidewalk cafe setting, as part of their operations. To do so would require an amendment of the Lodi Municipal Code, Section 9.04.010 which presently prohibits the consumption or possession of an open container of alcoholic beverages on designated public rights-of-way. If it is the Council's desire to do so, the attached ordinance will accommodate that request. It is narrowly drawn, and would apply only to those premises immediately adjacent to a public sidewalk or right-of-way which meet certain conditions. Among those conditions are: (1) that the premises is otherwise appropriately licensed by the State Alcoholic Beverage Control Board (2) that it is part of a bona fide eating establishment (3) that an encroachment permit is obtained and (4) that the sidewalk cafe not be accessible directly from the street or sidewalk, but rather through the front doors of the business establishment. FUNDING: None. Respectfully submitted Bob W. McNatt City Attorney BWM:pn APPROVED: t THOMAS A. PETERSON City Manager CC -1 ORDINANCE NO. 1618 AN ORDINANCE OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE §9.04.010 BY ADDING THERETO SUBPARAGRAPH [C], ALLOWING THE SALE, POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON DESIGNATED AREAS UPON PUBLIC RIGHTS-OF-WAY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 9.04.010 - Alcoholic Beverage - Open Container in Public - is hereby amended to include Section "C" as follows: 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 conditions are met: A valid right-of-way encroachment permit for such premises has been obtained from the Public Works Director; 2. The location upon which such Alcoholic Beverages are to be sold, consumed or possessed is adjacent to and operated as part of a bona fide eating establishment; The premises are appropriately licensed 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 completely surrounded by a fence or enclosure at least four feet high and not directly accessible from the surrounding public sidewalk or right- of-way. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published onetime in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. S JACA\CIMORDMORD1618.DOC Approved this day of '1995 STEPHEN J. MANN Mayor Attest: JACQUELINE L. TAYLOR Acting City Clerk State of California County of San Joaquin, ss. I, Jacqueline L. Taylor, Acting City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1618 was introduced at a regular meeting of the City Council of the City of Lodi held May 3, 1995 and was thereafter passed and adopted and ordered to print at a regular meeting of said Council held , 1995 by the following vote: AYES: Councilmembers - NOES: Councilmembers - ABSENT: Councilmembers - ABSENT: Councilmembers - I further certify that Ordinance No. 1618 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: BOB W. McNATT City Attorney JACQUELINE L. TAYLOR Acting City Clerk S JACA\C MORD\ORD1618.DOC OF 00 1 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Addendum to Item H-5 (Amendment of Lodi Municipal Code to Allow Alcoholic Beverage Sale and Consumption in Certain Sidewalk Restaurants) MEETING DATE: May 3, 1995 PREPARED BY: City Attorney RECOMMENDATION: It is recommended that the draft of Ordinance 1618 (attached to the original Council Communication) be slightly amended to accommodate certain safety requirements. Specifically, the proposed draft of Lodi Municipal Code §9.04.010 C-4 requires that the area on the public right-of-way on which alcoholic beverages may be sold be surrounded by a fence or enclosure as least four feet high and not directly accessible from the surrounding public sidewalk. It is recommended that Section C-4 be amended to read as follows: 4. The area of the public right-of-way upon which such alcoholic beverages are to be sold, possessed or consumed is completely surrounded by a fence or enclosure at least three feet (Y) high and not directly accessible (with the exception of emergency exits or gates) from the surrounding public sidewalk or right-of-way. This change is recommended to comply with miscellaneous exiting requirements. Respectfully submitted Bob W. McNatt City Attorney BWM:pn APPROVED: THOMAS A. PETERSON City Manager CC -1 ORDINANCE NO. 1618 AN ORDINANCE OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE §9.04.010 BY ADDING THERETO SUBPARAGRAPH [C], ALLOWING THE SALE, POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON DESIGNATED AREAS UPON PUBLIC RIGHTS-OF-WAY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 9.04.010 - Alcoholic Beverage - Open Container in Public - is hereby amended to include Section "C" as follows: 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 conditions are met: A valid right-of-way encroachment permit for such premises has been obtained from the Public Works Director; 2. The location upon which such Alcoholic 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 licensed 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 completely surrounded by a fence or enclosure at least three feet (3') high and not directly accessible (with the exception of emergency exits or gates from the surrounding public sidewalk or right-of-way. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this 17th day of May, 1995 LSN JACA\CIMORMORD1618.DOC STEPHEN J. MANN Mayor Attest: JACQUELINE L. TAYLOR Acting City Clerk State of California County of San Joaquin, ss. I, Jacqueline L. Taylor, Acting City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1618 was introduced at a regular meeting of the City Council of the City of Lodi held May 3, 1995 and was thereafter passed and adopted and ordered to print at a regular meeting of said Council held May 17, 1995 by the following vote: AYES: Councilmembers - NOES: Councilmembers - ABSENT: Councilmembers - ABSENT: Councilmembers - I further certify that Ordinance No. 1618 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: BOB W. McNATT City Attorney JACQUELINE L. TAYLOR Acting City Clerk LSN JACATIMORDMORD1618.DOC