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HomeMy WebLinkAboutcoa.cclc.ag.02042009COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING 130 S. GALENA SISTER CITIES MEETING ROOM February 4, 2009 8:30 A.M. 8:30 I. Roll call and approval of minutes II. Public Comments not on the agenda (please limit your comments to 3 minutes) III. Muscular dystrophy -Terry Hasstedt 9:00 IV. Market expansion -Tim Ware, Ron Christian, Lynn Rumbaugh -market update, food and the park 10:30 IV. Adjourn Goals: 1. BID involvement 2. Marketing sales increase. Business promotions. 3. Rethinking and evaluating the malls. The lighting and trees need redone. Be more proactive in town mobility. Address parking, carbon, cars and bikes. 4. CCLC was the mall commission. We are long overdue thinking how the malls should be rethought. What do they serve, how they serve and do they do it well. 5. Parking mitigation -cash in lieu have a fund for seed money for electric cars etc. 6. Create a public transit alternative in the form of bicycles, golf carts etc. Low tech. 7. CCLC increase the business vitality. Think of ways to increase business vitality. The city is not business friendly. 8. Facilitating special events but the CCLC is probably not the venue. MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk Jim True, Special Counsel Aaron Reed, Engineering Department DATE: February 5, 2009 RE: Outdoor Dining Approval Procedure REQUEST: This memorandum is informational only. No action on Council's part is required unless they see a part of the procedure that can be improved. BACKGROUND: There has been outdoor dining in the mall for over 30 years. Other restaurants in the core have taken advantage of city rights-of--way to have outdoor dining, i.e. Brunelleschi's, Elevations, Gusto. The city has not had a comprehensive review process for outdoor dining. Those restaurants located in the mall have been reviewed by the Commercial Core and Lodging Commission. The CCLC is an advisory board with no "police" power. Almost all of the restaurants who take advantage of the city's rights- of-way have liquor licenses. The Liquor License Authority can hold show cause hearings and can revoke or suspend someone's liquor license. Staff met with the Liquor License Authority last fall to review the attached procedures for approval of outdoor dining. The Liquor Authority agreed to hold an annual public heazing and review applications. DISCUSSION: Two years ago, the Department of Revenue made a regulation change that no longer required an expanded liquor space to be contiguous to the currently licensed space as long as an easement for the public thoroughfare is granted. These review and approval are rested in the Liquor authority. C.R.S. Regulation 47-302. Changing, Altering, or Modifying Licensed Premises states: 5. Nothing herein shall prohibit a licensee from modifying its licensed premises to include in the licensed premises a public thoroughfare, if the following conditions are met: a. The licensee has been granted an easement for the public thoroughfare for the purpose of transporting alcohol beverages b. The public thoroughfare is authorized solely for pedestrian and non- motorized traffic c. The inclusion of the public thoroughfare is solely for the purpose of transporting alcohol beverages between licensed areas, and no sale or consumption will occur on or within the public thoroughfare. d. Any other conditions as established by the local licensing authority. B. In making its decision with respect to any proposed changes, alterations or modifications, the licensing authority must consider whether the premises, as changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer codes and the Regulations promulgated thereunder. Factors to be taken into account by the licensing authority include, by way of illustration but not limited to, the following: 1. The reasonable requirements of the neighborhood and the desires of the adult inhabitants. 2. The possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement. 3. Compliance with the applicable zoning laws of the municipality, city and county or county. 4. Compliance with the distance prohibition in regard to any public or parochial school or the principal campus of any college, university, or seminary. 5. The legislative declaration that the Colorado Liquor and Beer Codes are an exercise of the police powers of the state for the protection of the economic and social welfare and the health, peace, and morals of the people of this state. C. If permission to change, alter or modify the licensed premises is denied, the licensing authority shall give notice in writing and shall state grounds upon which the application was denied. The licensee shall be entitled to a hearing on the denial if a request in writing is made to the licensing authority within fifteen days after the date of notice. Staff plans to advertise in the local papers for a public hearing April 7`h before the Liquor Authority. We will also contact restaurants who have historically had outdoor dining to advise them of this hearing. Staff feels this procedure is efficient, fair and enforceable. We plan to proceed unless we hear suggestions from Council. Attachments PROCEDURE FOR APPROVAL OF OUTDOOR DINING 1. Notify all known outdoor dining restaurants of new procedure, heazing. 2. Advertise for public hearing 3. LLA hold public hearing (April?) for all restaurant who have notified city they are interested 4. Documents Required - a. Diagram with dimension b. Insurance naming city co-insured c. Colorado Department of Revenue expansion/modification of premises d. lease/encroachment with city 3. payment $2.50/square foot/month plus encroachment fee 5. Municipal Statutes - Sec. 5.04.040. Aspen Liquor Licensing Authority. (b) Functions. (i) The Authority shall have the duty and authority to grant or refuse licenses for the possession, sale and offering for sale of malt, special malt, vinous or spirituous liquors and fermented malt beverages as provided by law, to conduct investigations as are required by law and to lery penalties against licensees in the manner provided by law. (ii) The Authority shall have all the powers of the local licensing authority as set forth in Title, 12, Articles 46, 47 and 48, C.R.5. (iii) The Authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before it and the presentation of evidence at hearings. (iv) The Authority shall have the power to require any applicant for a license to furnish any relevant information required by the Authority. Sec. 5.04.110. Modification of premises. (a) No licensee may physically change, alter or modify the licensed premises from that shown in the plans and specifications submitted at the time the licensee obtained its original license until written approval to do so has been received from the Aspen Liquor Licensing Authority and the state licensing authority. (b) Requests for changes, alterations or modifications of the licensed premises shall be on such forms as are provided by the state licensing authority and, in addition, on such forms as may be provided by the City, if any. The request shall be filed with the City Clerk. (c) If the City Clerk finds that the proposed modification does not substantially fall within the meaning of Colorado Department of Revenue Regulation 47-106.2A, he or she shall forthwith grant the request. The City Clerk shall notify the authority of all such approved modifications at its next regularly scheduled meeting. If the City Clerk cannot make this determination, he or she shall not grant the request and shall cause the request to be placed on the agenda of the authority for their next regularly scheduled meeting. (Code 1971, § 4-11; Ord. No. 50-1992, § 1) 5. Nothing herein shall prohibit a licensee, who is otherwise not eligible for an optional premises permit or optional premises license, from modifying its licensed premises to include in the licensed premises a public thoroughfare, if the following conditions are met: a. The licensee has been granted an easement for the public thoroughfare for the purpose of transporting alcohol beverages b. The public thoroughfare is authorized solely for pedestrian and non-motorized traffic c. The inclusion of the public thoroughfare is solely for the purpose of transporting alcohol beverages between licensed areas, and no sale or consumption will occur on or within the public thoroughfare. d. Any other conditions as established by the local licensing authority. B. In making its decision with respect to any proposed changes, alterations or modifications, the licensing authority must consider whether the premises, as changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer codes and the Regulations promulgated thereunder. Factors to be taken into account by the licensing authority include, by way of illustration but not limited to, the following: 1. The reasonable requirements of the neighborhood and the desires of the adult inhabitants. 2. The possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement. 3. Compliance with the applicable zoning laws of the municipality, city and county or county. 4. Compliance with the distance prohibition in regard to any public or parochial school or the principal campus of any college, university, or seminary. 5. The legislative declaration that the Colorado Liquor and Beer Codes are an exercise of the police powers of the state for the protection of the economic and social welfare and the health, peace, and morals of the people of this state. C. If permission to change, alter or modify the licensed premises is denied, the licensing authority shall give notice in writing and shall state grounds upon which the application was denied. The licensee shall be entitled to a hearing on the denial if a request in writing is made to the licensing authority within fifteen days after the date of notice. D. This regulation shall not be applicable to the holder of a manufacturer's license as specifically defined in C.R.S. 12-47-402. City of Aspen Guidelines for Restaurant Encroachments The following guidelines have been established by the City of Aspen Engineering Department to ensure that citizens and visitors to Aspen are provided safe, clear, and accessible routes around outdoor dinning areas. These guidelines shall be met by all restaurateurs and illustrated within the Right-of--Way Encroachment permit application. The illustration may come in the form of photographs, artist renderings, or any other clear means of documentation. All conditions will be verified by the City of Aspen Engineering Department. All renderings, plans, applications, and pertinent information must be submitted on or prior to scheduled liquor board hearings which pertain to the subject establishment. Within the Commercial Core all outdoor dinnine areas shall demonstrate that: The horizontal clear area for pedestrian travel is a minimum of six feet (6') in width. This measurement is to be taken from the edge of the encroachment to the edge of the walking surface. The walking surface must be solely within the City Right of Way and shall not include landscape areas, metal tree grates, or other areas that are accessory to the sidewalk area. The vertical clear area for pedestrian travel is a minimum of seven feet (7') in height. This measurement will be taken from the natural grade (sidewalk) to the base of the lowest feature that penetrates the City of Aspen Right of Way. This shall include awnings, flower baskets, or other signage that may penetrate the Right of Way. If alcohol is intended to be served within the outdoor dinning area the applicant must clearly state this intent and shall define the area which will be used to serve patrons alcohol on City property. y N m m N n N d N V d fl N