2019 2:00:00 PM

Monday, September 23, 2019 2:00 PM
Council Chambers, Legislative Bldg, 745 4th Street, Sparks, NV

Consent Items: 8.2

Title: Consideration, discussion and possible approval of an Outdoor Dining and Encroachment Permit (AC-5606) for Pinon Bottle located at 1130 Avenue of the Oaks, Suite 180, Sparks, Nevada

Petitioner/Presenter: Radium Sulprizio, Owner, Pinon Bottle/Armando Ornelas, Assistant Community Services Director

Recommendation: Staff recommends that City Council approve the Outdoor Dining and Encroachment Permit for Pinon Bottle as submitted.

Financial Impact: Pinon Bottle will pay the City $224.91 for the Outdoor Dining and Encroachment Permit for the remainder of fiscal year 2020 (September 23, 2019 to June 30, 2020).

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

Agenda Item Brief:

Pinon Bottle is a new establishment located at 1130 Avenue of the Oaks on the ground floor southwest corner of The Bridges North mixed-use building in Victorian Square. This agenda item requests approval of an Outdoor Dining and Encroachment Permit for approximately 214 square feet of public right-of-way in the sidewalk area adjacent to Pinon Bottle. Staff recommends City Council approval of the permit.

Background:

Radium Sulprizio is the owner of Pinon Bottle, a new bar establishment located at 1130 Avenue of the Oaks (Suite 180). The business is located on the ground floor at the southwest corner of The Bridges North mixed-use building developed at Victorian Square by Silverwing Development. Mr. Sulprizio has requested an Outdoor Dining and Encroachment Permit to use approximately 214 square feet of the sidewalk area directly adjacent to his establishment for an outdoor sitting area (Exhibit A).

Analysis:

This proposed Outdoor Dining and Encroachment Permit utilizes the same form and terms previously used for similar businesses on Victorian Avenue and, most recently, for the Golden Rotisserie in the eastern Fountainhouse Phase II mixed-use building. The agreement’s provisions address rent to be paid to the City, insurance requirements, indemnification of the City, and conditions for the use, protection and upkeep of the encroachment area. The initial term of the agreement is for the period from September 23, 2019 to June 30, 2020, for which the fee is $224.91. The permit may be renewed by agreement of both parties for subsequent fiscal years.

The attached agreement has been reviewed by the City Attorney and found acceptable and consistent with Section 5.77 (Sidewalk Cafes) (Exhibit B) of the Sparks Municipal Code.

Alternatives:

1. The City Council may approve the Outdoor Dining and Encroachment Permit for Pinon Bottle as outlined by staff.

2. The City Council may modify the terms of and approve the Outdoor Dining and Encroachment Permit for Pinon Bottle.

3. The City Council may reject the Outdoor Dining and Encroachment Permit for Pinon Bottle and provide direction to the City Manager.

Recommended Motion:

I move to approve the Outdoor Dining and Encroachment Permit (AC-5606) for Pinon Bottle located at 1130 Avenue of the Oaks, Suite 180, Sparks, Nevada.

Attached Files:

01 - Pinon Bottle Outdoor Dining & Encroachment Permit.pdf

02 - Exhibit A Pinon outdoor pation area exhibit.jpg

03 - Exhibit B Chapter 5.77 Sidewalk Cafes.pdf

02 - Exhibit A Pinon outdoor pation area exhibit.pdf

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