2019 2:00:00 PM

Monday, May 13, 2019 2:00 PM
Council Chambers, Legislative Bldg, 745 4th Street, Sparks, NV

Public Hearing and Action Items Unrelated to Planning and Zoning: 10.3

Title: SECOND READING, public hearing, discussion and possible adoption of Bill 2757, an ordinance amending Chapter 5.77 of the Sparks Municipal Code to amend sidewalk cafes, revise one definition, add a new definition, add a section to establish regulations for pour stations during special events, and other matters properly relating thereto.

Petitioner/Presenter: Neil C. Krutz, ICMA-CM, City Manager/John A. Martini, Assistant City Manager or Shirle Eiting, Chief Assistant City Attorney

Recommendation: The City Manager recommends City Council adopt Bill 2757.

Financial Impact: None

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief:

This agenda item proposes amendments to Chapter 5.77 - Sidewalk Cafes of the Sparks Municipal Code to revise and clarify regulations regarding permits for sidewalk cafes in the public right-of-way, including standards for the placement and demarcation of sidewalk cafes and the service of alcoholic beverages within sidewalk café areas.

Background:

Chapter 5.77 - Sidewalk Cafes of the Sparks Municipal Code (SMC 5.77) allows the use of sidewalks and public right-of-way for outdoor cafes subject to certain standards and restrictions. SMC 5.77 requires businesses to obtain an outdoor services and encroachment permit from the City and specifies standards for the installation and use of sidewalk cafes, including regulations on the service of alcoholic beverages.

Until this year, the only outdoor cafes on public sidewalks have been located on the two blocks of Victorian Avenue immediately west of Pyramid Way. This past March, the City Council approved a permit for a sidewalk café located on Victorian Square plaza in front of the downtown movie theater. City staff anticipate additional requests for sidewalk café permits from other tenants occupying retail spaces in Silverwing Development’s Fountainhouse and Bridges mixed-use buildings.

Analysis:

The proposed amendments to SMC 5.77 are intended to accommodate the current physical configuration of certain existing cafes and revise certain restrictions and requirements for the permitting, installation and use of sidewalk cafés, particularly regarding the service of alcoholic beverages. The primary proposed changes are as follows:

• The addition of definitions for “bar/lounge” and “pour station” in Section 5.77.020 (Definitions). The addition of a definition of a bar, in combination with changes to Section 5.77.040, clarifies that bars are eligible to obtain a sidewalk café permit.

• Revision of Section 5.77.040 (Outdoor services in the public rights-of-way permitted) to allow a sidewalk café to be placed within 10 feet of an indoor restaurant or bar. This proposed change is to accommodate businesses located directly adjacent to the pedestrian path or where other circumstances prevent the sidewalk café from being situated directly adjacent to the restaurant or bar.

• Changing the sidewalk width which must be maintained for pedestrian traffic from a minimum of 6 to 8 feet;

• Revision of Section 5.77.060 (Alcoholic beverage restrictions) to: clarify requirements for physical delineation of sidewalk cafe areas; permit pour stations within sidewalk cafes during special events with the authorization of the event producer; and, clarify that violations of Section 5.77.060 may be grounds for revocation of a business’ liquor license.

• Revision of the administrative provisions in Section 5.77.100 (Permit issuance).

Alternatives:

The City Council can adopt Bill 2757 amending SMC 5.77.
The City Council could modify the proposed changes to SMC 5.77.
The City Council could reject Bill 2757.

Recommended Motion:

I move to adopt Bill 2757 amending Chapter 5.77 of the Sparks Municipal Code to amend sidewalk cafes, revise one definition, add a new definition, add a section to establish regulations for pour stations during special events, and other matters properly relating thereto.

Attached Files:

Bill 2757.pdf

Bill 2757 Exhibit A Chapter 5.77 Sidewalk Cafes.pdf

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