AGENDA #6
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Service of Malt Beverages and Unfortified Wine to Restaurant Patrons at Sidewalk Tables in the Downtown and Other Commercial Areas
DATE: September 7, 2004
The attached ordinance would amend the Town Code to permit the service to and consumption of malt beverages and unfortified wine by patrons sitting at tables in the public right-of-way adjacent to restaurants in the downtown area of Chapel Hill. The ordinance would also permit similar activities in other commercial areas in Town.
BACKGROUND
On June 30, 2004, the Council received a petition (Attachment 1) from the owner of a restaurant on West Franklin Street asking for a change to current sidewalk dining rules to allow for the sale and service of alcoholic beverages. The petition was referred to the Manager and Attorney for a report.
Current Town Code provisions allow for the placement of tables and chairs within the public right-of-way for service of food and non-alcoholic beverages. The current regulations, enacted in April 1995, allow this service only in the Town Center-1 and Town Center-2 zoning districts. These regulations include a process for applying for permits and standards related to the size and location of tables and chairs. A copy of Article VI, Chapter 17 of the Town Code, which includes these regulations, is Attachment 2.
Current Town Code provisions also prohibit the possession of an open container of malt beverages and unfortified wines and the consumption of these beverages on the public streets and on Town property. The regulation prohibiting open containers was added to the Town Code in June 1995, following the enactment of additional legislative authority by the General Assembly. The Town included a request for such authority in its 1995 Legislative Program. These current Town Code provisions are Attachment 3.
DISCUSSION
The attached ordinance would modify the Town Code sections pertaining to public consumption and open containers of alcoholic beverages to permit the possession and consumption of malt beverages and unfortified wine by persons seated at sidewalk dining facilities in those areas where sidewalk dining is allowed and has received the necessary Town approvals.
The attached ordinance would also modify the sidewalk dining ordinances to permit the consumption of malt beverages and unfortified wine served at an approved location by the adjacent restaurant. As noted by the petitioner, consumption of such beverages at sidewalk cafes is permitted in a number of municipalities in North Carolina.
The ordinance would further modify the Town Code to permit sidewalk dining and consumption of these alcoholic beverages in other commercial areas of Town (for example, Southern Village) in addition to the Town Center, which is presently the only area where sidewalk dining is permitted.
With the enactment of these ordinance amendments, patrons of restaurants could consume malt beverages and unfortified wines while seated and receiving food service at approved tables placed in the public right-of-way. The restaurants would need to have the necessary State permits to provide such beverages. Only malt beverages and unfortified wine purchased from the restaurant providing service could be consumed at these tables. Consumption of fortified wine, liquor or mixed beverages on any public street or sidewalk is prohibited by State Law (N.C. General Statute Sec. 18B-301).
Manager’s Recommendation: We believe the attached ordinance would enhance the attractiveness of sidewalk dining facilities and recommend its adoption.
ATTACHMENTS
AN ORDINANCE AMENDING SECTIONS 3-2, 3-3 AND PORTIONS OF CHAPTER 17, ARTICLE VI OF THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL TO ALLOW FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH PERMITTED SIDEWALK DINING AND TO PERMIT SUCH ACTIVITIES IN COMMERCIAL AREAS IN ADDITION TO THE DOWNTOWN (2004-09-07/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 3-2 of the Town Code is hereby revised by adding a new paragraph, to read as follows:
“The provisions of this Section shall not apply to the service of malt beverages and unfortified wines to, or the possession and consumption of malt beverages and unfortified wines by, persons seated and receiving food service at locations where the sale of food and beverages is permitted under Section 17-88 of the Town Code, provided that the applicable provisions of Article VI, Chapter 17 of the Town Code are followed and further provided that the business serving the malt beverages and unfortified wines shall have all required state and town permits required for the location on the public right-of-way where the sale and consumption of such beverages are taking place.”
Section 2. Section 3-3 of the Town Code is hereby revised by adding a new paragraph, to read as follows:
“The provisions of this Section shall not apply to the service of malt beverages and unfortified wines to, or the possession and consumption of malt beverages and unfortified wines by, persons seated and receiving food service at locations where the sale of food and beverages is permitted under Section 17-88 of the Town Code, provided that the applicable provisions of Article VI, Chapter 17 of the Town Code are followed and further provided that the business serving the malt beverages and unfortified wines shall have all required state and town permits required for the location on the public right-of-way where the sale and consumption of such beverages are taking place.”
Section 3. Section 17-76 of the Town Code is hereby revised to read as follows:
“Sec. 17-76. Legislative findings.
The council hereby finds that:
(a)
Increasing the vitality of the Town’s Town Center-1 and -2
commercial zoning districts is in the best interest of the citizens of
the Town of Chapel Hill and the public health, safety and welfare;
(b) The Town Center-1 and-2, Neighborhood Commercial, Neighborhood Commercial-Conditional, Community Commercial, and Community Commercial-Conditional zoning districts are in need of special efforts to enhance their vitality; and such efforts will promote the public health, safety and welfare;
(c)
Permitting limited sales of food and non-alcoholic
beverages by businesses adjacent to public sidewalks in the Town Center-1 and-2,
Neighborhood Commercial, Neighborhood Commercial-Conditional, Community
Commercial, and Community Commercial-Conditional zoning districts will
enhance the vitality of the downtown and other commercial areas
of Chapel Hill and the health, safety and welfare of the citizens of the town.”
Section 4. Section 17-86 of the Town Code is hereby revised to read as follows:
“Sec. 17-86. General requirements for exceptions to this article.
Sale and offering for sale of food shall be subject to the following requirements:
(a) The sale of food under this article shall be limited to the further restrictions in this article.
Businesses with street frontage in the Town Center-1 and-2 Neighborhood Commercial, Neighborhood Commercial-Conditional, Community Commercial, and Community Commercial-Conditional zoning districts may use the sidewalk area in front of their business, or in front of an adjacent property, with the concurrence of the affected property owners, and with the permission of the town manager. The town manager shall determine where sales are permissible on the basis of whether room is available in front of each business to permit at least six (6) feet of clear passage for pedestrians and all other restrictions of this article in addition to the space used for sales. This minimum clear passage width may be increased if the town manager determines it is necessary in specific locations to provide adequate and safe pedestrian flow.
(b) Sales permitted under this article shall be within the Town Center-1 and-2, Neighborhood Commercial, Neighborhood Commercial-Conditional, Community Commercial, and Community Commercial-Conditional districts as defined in the Chapel Hill Land Use Management Ordinance and Zoning Atlas.
(c) Chairs and tables and related barriers, approved by the town manager, may be placed on the sidewalk; these tables and chairs and related barriers shall have a maximum height of four (4) feet and shall have a maximum length of five (5) feet and a maximum width of three (3) feet.
(d) Activities authorized under this article shall comply with all applicable laws, ordinances and regulations, including but not limited to those pertaining to noise control, health, fire protection, litter control, business licenses, zoning, signs, and traffic safety.
(e) Activities permissible under this article shall not interfere with or impede the safe and orderly flow of pedestrian and vehicular traffic; shall leave clear for pedestrian traffic a continuous area of paved sidewalk at least six (6) feet wide, or at least six (6) feet of width of normally traveled area if there is no paved sidewalk; and shall leave clear for access purposes an area at least three (3) feet wide next to the curb or edge of public streets where parking or standing of vehicles is permitted.
(f) Sidewalk sales under this article shall not be conducted:
(1) Within ten (10) feet of a fire hydrant, driveway, alley used by vehicles, or of a parking space for handicapped people.
(2) In any manner which damages or endangers any tree or shrub; within the area of a tree grate, fence or other protective device; or in the area of the roots of a tree or shrub if such area is unpaved, and/or within ten (10) feet of the base of the tree or within three (3) feet of the base of the shrub.
(3) In intersection or bus stop areas pursuant to section 17-82.
(g) The chairs and tables and any related barriers placed on the sidewalk must be removed by midnight and may not be placed on the sidewalk prior to 7:00 a.m. The chairs and tables and any related barriers must be removed in inclement weather.”
Section 5. Section 17-88 of the Town Code is hereby revised to read as follows:
“Sec. 17-88. Sidewalk sales by downtown businesses.
A business in the Town Center-1 and-2, Neighborhood Commercial, Neighborhood Commercial-Conditional, Community Commercial and Community Commercial-Conditional zoning districts which (a) occupies building space at street level and (b) immediately fronts on and shares a common boundary with a public sidewalk, or is separated from such sidewalk only by landscaped areas, may, upon receipt of a permit from the town, sell food on the portion of the sidewalk directly in front of and nearest each business's respective space within the building or in front of an adjacent property with the concurrence of that property owner subject to the following:
(a) If two (2) or more businesses with street level frontage occupy the same property, each shall be limited to the portion of the sidewalk directly in front of and nearest each business's respective space within the building or in front of an adjacent property with the concurrence of that property owner.
(b) Use of the public sidewalk area under this section shall not obstruct the entrances or exits of any building, and shall not interfere with or impede the safe and orderly flow of pedestrian traffic.
(c) The business shall be responsible for keeping the area of its sidewalk sales in clean condition.
(d) A business permitted to sell under this section may only sell food and non-alcoholic beverages and may not assign or delegate its space or authority under this section to other persons.
(e) A business which vacates a building location shall not use the public sidewalk in front of such location.
(f) A business which occupies no building space at the street level shall not conduct sidewalk sales under this section.
(g) Before conducting sidewalk sales under this section, the business shall agree to indemnify the town from any damages or claims and shall provide evidence of a general liability insurance policy, which policy names the town as an additional insured, with minimum liability coverage of one hundred thousand dollars ($100,000.00) per person bodily injury; three hundred thousand dollars ($300,000.00) per occurrence bodily injury and twenty-five thousand dollars ($25,000.00) per person occurrence property damage.
(h) The town manager reserves the right to revoke the permit to place tables and chairs and related barriers on the public right-of-way, if any conditions of approval are not met, and to temporarily suspend permits during times of special events in the downtown area.
(i) It is unlawful to consume on a business’s sidewalk dining area alcoholic beverages not purchased at that business or to remove alcoholic beverages in open containers from that business’s sidewalk dining area. Any business serving alcoholic beverages shall post a sign, visible from the sidewalk dining area, including this information.”
.
Section 6. This ordinance shall become effective September 8, 2004.
This the 7th day of September, 2004.