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Ordinance No. 1242 06-11-2007ORDINANCE NO. 1242 OFFICIAL TITLE AND SUMMARY I. Title An Ordinance Amending Chapters 602, 603 and 606 of the Fridley city Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments. II. Summarv The City Council of the City of Fridley does hereby ordain as follows: That Chapters 602, 603 and 606 of the Fridley City Code pertaining to liquor licensing be amended to create a patio endorsement for licensed on-sale liquor establishments, stating the regulations, application process and clarifying violations. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of this ordinance. A copy of this ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS l ltn DAY OF J UNE 2007. ��� SCOTT . LUND, MAYOR ATTEST: �� DEBRA A. SKOGEN, Y CLERK First Reading. March 26, 2007 Second Reading: June 11, 2007 Published: June 21, 2007 ORDINANCE NO. 1242 AN ORDINANCE AMENDING CHAPTERS 602, 603 AND 606 OF THE FRIDLEY CITY CODE CREATING A PATIO ENDORSEMENT FOR LICENSED ON-SALE LIQUOR ESTABLISHMENTS The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapters 602, 603 and 606 related to liquor licensing be amended to create a patio endorsement and hereby ordains as follows: Section 1: That Chapter 602. 3.2% Malt Liquor is hereby amended as follows: 602.14. PATIO ENDORSEMENT 1. Statement of Policv The sale of 3.2% malt liquor pursuant to any of the licenses issued in accordance with Chapters 602, 603 and 606 of the City Code will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee a�plies for and receives a�proval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. 2. Re�ulations A. An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air as defined bv state law. B. The patio shall be attached to the licensed premises and share at least one common wall or side with the licensed premise buildin�/structure. The conti�uous area will not be part of a public street, sidewalk or other public �rounds. C. If part of the parkin� lot is used to install an outdoor patio, the patio must share one common wall with the licensed premise. In addition, the licensed premise must continue to meet the parkin� requirements set by city code and the patio shall not affect the circulation of traffic. D. Access to the patio shall be directly from the licensed premise with no direct access other than an emer_�enc.�exit onlX) equi�ped with an alarm, from any area other than b�passin_� throu�h the normal interior public areas of the licensed premise. E. The patio shall be clearly delineated b�permanent installed fence, or other structure or barrier, at least 42" hi _�h to prevent the in�ress or e�ress of persons to and from the patio. The fence shall be desi�ned and constructed in a manner that discoura�es or deters the passin_� of any re�ulated, controlled or brohibited items outside from one side of the fence to the other side of the fence. F. Panic and fire exit hardware shall be installed on the fence or barrier and com�lv with the Minnesota Buildin_� Code. G. Patios in direct contact with, or immediately adjacent to a parkin� area for motor vehicles, shall have sufficient barriers installed, as defined by the Minnesota Buildin� Code, to reduce the likelihood of incursion of vehicles into the patio space. H. The licensee shall pav the current Metropolitan Council S.A.C. unit(s) for outside seatin�. L The patio shall be placed in an area to meet the state and federal accessibility requirements. Ordinance No. 1242 Page 2 J. There shall be no live entertainment. Music, sound, or noise in the patio enclosure shall com�lv with the provisions and requirements of Chapter 124 of the Fridley City Code at all times. K The sale and consumption of 3.2% malt liquor within the patio is limited to the normal business hours. No licensee, nor the employee, nor a�ent of any license will serve, dispense, possess, displaY, or in any manner furnish 3.2% malt liquor at any other time. L. All other conduct pertainin� to the licensed premises required by this Code or Minnesota state statutes shall apply. 3. A�plication Any restaurant to which an on-sale 3.2% malt liquor license has been issued may submit an a�plication for a patio endorsement. The a�plication shall contain a description of the outdoor area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area to be licensed. The a�plication will also include a detailed description of the barriers that will be used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and fire arran�ements and li_�htin�. The drawin_s� must include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately to scale. This a�plication must be submitted to the City Clerk for review and comment by the Police Department, Fire Department, and Community Development Department before submission to the City Council. The City staff will review the suitability of the proposed licensed area in li�ht of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the licensee in maintainin� order and obeyin� applicable laws in the licensed patio and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surroundin� land, adequacX of li_�hting, a�propriateness of noise level, suitability of in�ress and e�ress arran�ements includin� control of persons enterin� and leavin_� for purposes of preventin� consumption by minors and safety of seatin� arran�ements. If the patio endorsement is a�proved by the City Council, the licensee would be required to a�plv for and pav for the a�propriate buildin� permits and fees. 4. Violations A. It shall be a violation of this code, by the license holder and/or any employees or a�ents of the license holder, to permit, allow or fail to prevent persons from directly accessin_� the patio bX means other than throu�h the buildin� on the premises. B. It shall be a violation of this code by the license holder and/or any employees or a�ents of the license holder, or to allow any other person, to provide, furnish or _iv� e any 3.2% malt liquor, tobacco products, weapons, or any other re�ulated controlled or prohibited items (for example, dru�s, dice, cards, etc.) from one side of the fence or barrier to the other. C. Any violation of the provisions of this Code or of the state law re_u� latin� the sale of 3.2% malt liquor which occur in the patio area will be considered as a violation of the principal on-sale license for the premises. tin� 602.15. Administrative Offenses tin� 602.16. Violations tin� 602.17. Revocation tin� 602.18. Penalties Ordinance No. 1242 Section 2: That Chapter 603. Intoxicating Liquor is hereby amended as follows: 603.25. PATIO ENDORSEMENT 1. Statement of Policv Page 3 The sale of intoxicatin� liquor pursuant to any of the licenses issued in accordance with Chapters 602, 603 or 606 of the Code will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee a�plies for and receives a�proval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. 2. Re�ulations A. An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air as defined bv state law. B. The patio shall be attached to the licensed premises and share at least one common wall or side with the licensed premise buildin�/structure. The conti�uous area will not be part of a public street, sidewalk or other public �rounds. C. If part of the parkin� lot is used to install an outdoor patio, the patio must share one common wall with the licensed premise. In addition, the licensed premise must continue to meet the parkin� requirements set by city code and the outdoor patio shall not affect the circulation of traffic. D. Access to the patio shall be directly from the licensed premise with no direct access other than an emer_�enc.�exit onlX) equi�ped with an alarm, from any area other than b�passin_� throu�h the normal interior public areas of the licensed premise. E. The patio shall be clearly delineated b�permanent installed fence, or other structure or barrier, at least 42" hi_�h to prevent the in�ress or e�ress of persons to and from the patio. The fence shall be desi�ned and constructed in a manner that discoura�es or deters the passin_� of any re�ulated, controlled or prohibited items outside from one side of the fence to the other side of the fence. F. Panic and fire exit hardware shall be installed on the fence or barrier and com�lv with the Minnesota Buildin_� Code. G. Patios in direct contact with, or immediately adjacent to a parkin� area for motor vehicles, shall have sufficient barriers installed, as defined by the Minnesota State Buildin� Code, to reduce the likelihood of incursion of vehicles into the patio space. H. The licensee shall pav the Metropolitan Council S.A.C. unit(s) for outside seatin�. L The patio shall be placed in an area to meet the state and federal accessibility requirements. J. There shall be no live entertainment. Music, sound, or noise in the patio enclosure shall com�lv with the provisions of Chapter 124 of the Fridley City Code at all times. K The sale and consumption of intoxicating liquor within the patio is limited to the normal business hours. No licensee, nor the employee, nor a�ent of any license will serve, dispense, possess, displaY, or in any manner furnish intoxicating liquor at any other time. L. All other conduct pertainin� to the licensed premises required by this Code or Minnesota state statutes shall apply. 3. A�plication Ordinance No. 1242 Page 4 Any restaurant to which an on-sale intoxicatin� or wine license has been issued may submit an application for a patio endorsement. The a�plication shall contain a description of the outdoor area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area to be licensed. The application will also include a detailed description of the barriers that will be used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and fire arran�ements and li_�htin�. The drawin�s must include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately to scale. This a�plication must be submitted to the City Clerk for review and comment by the Police Department, Fire Department, and Community Development Department before submission to the City Council. The City staff will review the suitability of the proposed licensed area in li�ht of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the licensee in maintainin� order and obeyin� applicable laws in the licensed patio and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surroundin� land, adequacX of li_�hting, a�propriateness of noise level, suitability of in�ress and e�ress arran�ements includin� control of persons enterin� and leavin_� for purposes of preventin� consumption by minors and safety of seatin� arran�ements. If the patio endorsement is a�proved by the City Council, the licensee would be required to a�plv for and pav for the a�propriate buildin� permits and fees. 4. Violations A. It shall be a violation of this code, by the license holder and/or any employees or a�ents of the license holder, to permit, allow or fail to prevent persons from directly accessin_� the patio bX means other than throu�h the buildin� on the premises. B. It shall be a violation of this code by the license holder and/or any employees or a�ents of the license holder, or to allow any other person, to provide, furnish or _iv� e an�quor, tobacco products, weapons, or any other re�ulated controlled or prohibited items (for example, dru�s, dice_ cards_ etc.l from one side of the fence or barrier to the other. C. Any violation of the provisions of this Code or of the state law re _ u� latin� the sale of liquor which occur in the patio area will be considered as a violation of the principal on-sale license for the premises. tin� 603.26. Administrative Offenses tin� 603.27. Violations tin� 603.28. Penalties Section 3. That Section 606. Intoxicating Liquors — On-Sale Clubs is hereby amended as follows: 606.12. PATIO ENDORSEMENT The sale of intoxicatin� liquor pursuant to any of the licenses issued in accordance with Chapters 602, 603 or 606 of the Code will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee a�plies for and receives a�proval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. 2. Re�ulations A. An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air as defined bv state law. Ordinance No. 1242 Page 5 B. The patio shall be attached to the licensed premises and share at least one common wall or side with the licensed premise buildin�/structure. The conti�uous area will not be part of a public street, sidewalk or other public �rounds. C. If part of the parkin� lot is used to install an outdoor patio, the patio must share one common wall with the licensed premise. In addition, the licensed premise must continue to meet the parkin� requirements set by city code and the outdoor patio shall not affect the circulation of traffic. D. Access to the patio shall be directly from the licensed premises with no direct access other than an emer_�ency exit (exit onlx) equi�ped with an alarm, from any area other than b�passin� throu�h the normal interior public areas of the licensed premise. E. The patio shall be clearly delineated b�permanent installed fence, or other structure or barrier, at least 42" hi _�h to prevent the in�ress or e�ress of persons to and from the patio. The fence shall be desi�ned and constructed in a manner that discoura�es or deters the passin_� of any re�ulated, controlled or prohibited items outside from one side of the fence to the other side of the fence. F. Panic and fire exit hardware shall be installed on the fence or barrier and com�lv with the Minnesota Buildin�. G. Patios in direct contact with, or immediately adjacent to a parkin� area for motor vehicles, shall have sufficient barriers installed, as defined by the Minnesota State Buildin� Code, to reduce the likelihood of incursion of vehicles into the patio space. H. The licensee shall pav the current Metropolitan Council S.A.C. unit(s) for outside seatin�. L The patio shall be placed in an area to meet the state and federal accessibility requirements. J. There shall be no live entertainment. Music, sound or noise in the patio enclosure shall com�lv with the provisions and requirements of Chapter 124 of the Fridley City Code at all times. K The sale and consumption of intoxicating liquor within the patio is limited to the normal business hours. No licensee, nor the employee, nor a�ent of any license will serve, dispense, possess, displaY, or in any manner furnish intoxicating liquor at any other time. L. All other conduct pertainin� to the licensed premises required by this Code or Minnesota state statutes shall apply. 3. A�plication Any club to which an on-sale intoxicatin� or wine license has been issued may submit an a�plication for a patio endorsement. The a�plication shall contain a description of the outdoor area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area to be licensed. The a�plication will also include a detailed description of the barriers that will be used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and fire arran�ements and li_�htin�. The drawin_s� must include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately to scale. This a�plication must be submitted to the City Clerk for review and comment by the Police Department, Fire Department, and Community Development Department before submission to the City Council. The City staff will review the suitability of the proposed licensed area in li�ht of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the licensee in maintainin� order and obeyin� applicable laws in the licensed patio and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surroundin� land, adequacX of li_�hting, a�propriateness of noise level, suitability of in�ress and e�ress arran�ements includin� control Ordinance No. 1242 Page 6 of persons enterin� and leavin_� for purposes of preventin� consumption by minors and safety of seatin� arran�ements. If the patio endorsement is a�proved by the City Council, the licensee would be required to a�plv for and pav for the a�propriate buildin� permits and fees. 4. Violations A. It shall be a violation of this code, by the license holder and/or any employees or a�ents of the license holder, to permit, allow or fail to prevent persons from directly accessin_� the patio bX means other than throu�h the buildin� on the premises. B. It shall be a violation of this code by the license holder and/or any employees or a�ents of the license holder, or to allow any other person, to provide, furnish or _iv� e an�quor, tobacco products, weapons, or any other re�ulated controlled or prohibited items (for example, dru�s, dice, cards, etc.) from one side of the fence or barrier to the other. C. Any violation of the provisions of this Code or of the state law re _ u� latin� the sale of liquor which occur in the patio area will be considered as a violation of the principal on-sale license for the premises. tin� 602.13. Prohibited Sales � 602.14. Conduct Prohibited �9C�4 602.15. Administrative Offenses � 602.16. Violations � 602.17. Revocation � 602.18. Penalties PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS llt'' DAY OF JUNE 2007. Scott J. Lund, Mayor Attest: Debra A. Skogen, City Clerk First Reading. March 26, 2007 Second Reading: June 11, 2007 Publication: June 21, 2007