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Alcohol on Public ROW CriteriaMEMORANDUM July 29, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Criteria for Outdoor Service of Alcoholic Beverages on Public Right-of- Way Assistant City Manager Cindy Steinhauser recommends the City Council approve the following criteria for use of public right-of-way for outdoor service of alcoholic beverages. These criteria relate to long-term use of City property for outdoor activities, not temporary one-day use. · The licensee must meet State of Iowa Dram Shop requirements; · The licensee must meet City of Dubuque insurance requirements as set forth in the Special Event Permit Application; · The licensee must provide adequate fencing to separate the service area from traveled portion of the right-of-way; · The licensee must provide outdoor seating and tables in service area; · The licensee must comply with all other City ordinance requirements, including, but not limited to, noise, fire and building code and engineering standards; · The licensee must provide a minimum of 16 sq. ft. per person in the service area; · The licensee must comply with the restriction of no outdoor music; and · The licensee must agree that any violation of these conditions will result in the immediate revocation of permission to use the right-of-way. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager MEMORANDUM July 29, 2002 TO: Michael C. Van Milligen, City Manager FROM: Cindy Steinhauser, Assistant City Manager SUBJECT: Criteria for outdoor service of alcoholic beverages on public right of way Introduction The purpose of this memorandum is to recommend the criteria for use of public right of way for outdoor service of alcoholic beverages. Discussion Recently the City of Dubuque received a request from John Finn of the Busted Lift to provide outdoor service of alcoholic beverages on public right of way. The right of way area is immediately east of the Busted Lift located at 180 Main Street. Attached is a sketch of the 15' x 12' (180 sq. ff.) public right of way that Mr. Finn is proposing to locate this service. This drawing is not to scale. As indicated on the sketch the seating would be for 32 people (8 tables, 4 patrons/table). This is a concept that has been discussed as the development of entertainment districts evolve in downtown Dubuque and at the Port of Dubuque. Currently, however, there is no policy in place to regulate this activity, which does not fall under the Special Event Permit Application process. In order to respond to this matter, members of the Special Event Permit Application committee including Police Chief Wadding, Capt Paula Gieseman, Tim Link, Sue Winter, Bill Schlickman, Jane Smith and I have been meeting to discuss criteria to recommend for such a policy. This process has included researching policies in other Iowa communities, requirements at the State level regarding Dram Shop insurance and input from land use and planning consultants on space needs. In reviewing similar sized communities in Iowa such as Iowa City, Cedar Rapids and Des Moines, there are no such policies for outdoor service on public right of way as this type of use usually occurs on private property. In looking at State Dram Shop requirements, outdoor service for a bar or tavern requires 1) a special outdoor service application, 2) a sketch of the area to be used as outdoor service (including required fencing), and 3) a letter from the insurance company indicating the outdoor service area is covered. Planning Services Manager Laura Carstens has indicated that outdoor service for a restaurant, bar or tavern would be interpreted as an accessory use and would not require rezoning. Lastly, in discussing space needs for seating for this type of request, HOK Venue event and land use architects have suggested that a standard of 20 sq. ft. per person is typical. In visiting with Bob Kost of URS/BRW, who managed the Port of Dubuque master site plan, he indicated that this standard could be as Iow as 16 sq. ft. per person including tables and chairs. Based upon this research, the committee recommends the following criteria for outdoor service of alcoholic beverages on public right of way: The licensee must meet State of Iowa Dram Shop requirements; · The licensee must meet City of Dubuque insurance requirements as set forth in the Special Event Permit Application; · The licensee must provide adequate fencing to separate the service area from traveled portion of the right of way; · The licensee must provide outdoor seating and tables in service area; · The licensee must comply with all other City ordinance requirements, including, but not limited to, noise, fire and building code and engineering standards; · The licensee must provide a minimum of 16 sq. ft. per person in the service area; · The licensee must comply with the restriction of no outdoor music; and · The licensee must agree that any violation of these conditions will result in the immediate revocation of permission to use the right of way In reference to the request of the Busted Lift, his proposed service area is 180' sq. ft. Based upon the recommended formula, this would provide seating capacity for approximately 11 people. Also attached is correspondence from the Engineering Department, including minutes of a meeting held with Mr. Finn. Included is a list of other concerns raised by city staff and other criteria recommended prior to City approval of outdoor service for Mr. Finn. Recommendation I recommend that the City Council approve the above criteria for use of public right of way for outdoor service of alcoholic beverages, Cc: Chief Wadding Capt. Paula Gieseman Sue Winter, Permit Clerk Tim Link, Health Inspector Bill Schlickman, Civil Engineer Jane Smith, Sidewalk Inspector Mike Koch, Public Works Director Laura Carstens, Planning Services Manager CI'I'Y OF DUBUQUE, IOWA MEMORANDUM May 15, 2002 TO: FROM: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director SUBJECT: The Busted Lift On April 12, 2002, you received a letter from Jennifer Clemens-Conlon, representing Canvas Products Company of 182 Main Street, objecting to a pending request of John Finn, owner of The Busted Lift, for a permit to construct and maintain an outdoor patio at his place of business at 182 Main Street. A copy of the request by John Finn, together with a sketch of the proposed patio and tables, is attached. His request is for sufficient outdoor seating for approximately 30 to 40 patrons. The area would be fenced from the general public by means of moveable fencing and tables and chairs. The anticipated season for outdoor seating would be from approximately April to November, with the area utilized for parking during the off-season. On April 26, 2001, a meeting was held with the Police Department, the Fire Department, Planning & Zoning, Engineering, and with Main Street, Ltd. to review Mr. Finn's request. A report from the Engineering Division, the Zoning Division, and the Police Department is attached for your review. Concerns of the Police Department include voice and music noise complaints, the dram shop boundary, the possible conflicts between pedestrians and vehicles, and noncompliance with City regulations and special permit conditions, ail of which may increase cause for police service. Compliance with fire code has also been a problem before and after the April 26, 2001 meeting. Mr. Finn has also written a letter, a copy of which is attached, addressing the Fire Department's concerns. Planning & Zoning has reviewed the request and found it to be permitted by the City of Dubuque Zoning Ordinance. When the petition was initially filed with the Engineering Division, Mr. Finn indicated that he had the approval of the property owners in this particular block, but multiple letters, including two of which were on the City Council meeting of May 6, 2002, indicate otherwise. The letters of objection are attached. According to the plans of Mr. Finn, the adjacent property owner to the north, will have access to the ddveway at all times as required by the Fire Department. Aisc, access to the outside stairway to the south of The Busted Lift would be accessible at all times. A four-foot area adjacent to the street would be reserved for public use as a public sidewalk. The Police Department indicate that if the City grants approval to Mr. Finn, he would need to apply for a liquor license to operate his business outside the confines of his existing building. RECOMMENDATION As of this date, Mr. Finn has only formally submitted this proposal to City staff. He has not yet submitted any request to the City Council. While the Police Department has not come out and recommended against the authorization for the outdoor patio, it is clear that they are concerned about future problems in operating the business outdoors, based upon past history of problems that have already occurred in the operation of this business. The City Council has also received letters of objection to Mr. Finn's proposal. From the perspective of the Engineering Division, I do not believe this request meets with the uses that the City normally encourages on unused portions of City rig hr-of-way. A meeting has been scheduled for Thursday, May 16, 2002, at 9:30 a.m. by the Police Department to further discuss Mr. Finn's proposal and to formulate a joint City departmental recommendation. MAK/vjd Attachs. cc: Kim Wadding, Police Chief Paula Gieseman, Police Department Laura Carstens, Planning Services Jane Smith, Engineering I am writing to apply for permission to operate an outdoor patio area adjacent to The Busted Lift. This patio area would consist of completely removable barriers. There would be seating for approximately 30 people, it is naturally ADA compliant, and the egress to and f~om the entrance to the Busted Lift is 36" wide. I have enclosed the required insurance coverage certificate. The intended use of this space will be to serve as outdoor seating overlooking the historic Dubuque Ice Harbor and the new construction taking place on America's River Project. All beverages served will be confined to the fenced area. All materials, size, location and dimensions are the same as the request which was submitted last summer. Sincerely, Ron Turner Page 1 of i From: "Ron Turner" <rtumer@cityofdubuque.org> To: "DOUGHERTY, GINNY" <GDOUGHER@cityofdubuque.org> Sent: Tuesday, May 01, 2001 8:49 AM Subject: busted lift here's a recap of the joint meeting at the busted lift held last friday 00~.4/26/0~) · the .fire de_pt, needs space to access the post indicator valve and the sprinkler attachment near the south side of the proposed enclosure. "· Fjr_e~also wants to keep a path clear to the steps of the adjacent property to the south. · the fence would be constructed of moveable planters with boards between · Plaq_n_in_g Services calls this an accessory use and just needs to know the number of tables and seating capacity · seating capacity is projected to be 25 to 30 · a four foot area adjacent to the sidewalk would be reserved for public Sidewalk · the adjacent property to the north needs access to their driveway at all times for deliveries · I told Mr. Finn that we would like to get the written consent from all the adjacent land owners _(f_~rn ~ac~pt.J.9.t. t~.2nd st.) ............... · Jim Kunnert is co-owner ;dram shop insurance has not been secured for this area th~e~W-a~ a desire for-mu~s'i-~-t'~'-be~'~.~ji~,-_~..~'_lo_g~._p/ course) · the owner is leaning to~w-a~ a construction ordinace instead of a vacate situation they want to park in the _a_re_a ~ the.off seasdn ~ th~-Y-~)-m~id~'~-b~e~ dra'wing of th~'~'~-;~o indicate what's going on 05/01/2001 in order to address the concerns of the Fire Department and others, we have re-designed the fencing around the fixed utilities. We will place the removable corral-ty.pe fencing around the perimeter, of the service area, however, the barricade closest to the utilities and the Sprinkler System connection will consist of flower pots instead of fencing This will address the concerns of access to the water, and will also allow unrestricted access to the stairs of the building ~mmediately to the south of The Busted Lift. All fencing and tables will be temporary and therefore easily moved for any emergency or security reasons. We have factored in a 48 inch public right of way between our patio and the street. As you can see from our illustration, we have also created a 36 inch egress for traffic flow entenng and exiting our entrance throug, h the patio area. As you can see, there ~s ample space for our .request of 8 tables of four. This drawing ~s to scale. CITY OF DUBUQUE, IOWA MEMORANDUM April 3, 2002 To: Jane Smith, Engineering From: Paula G~eseman, eohce(.7~A~f_~ Re: Busted Lift Outdoor Seating Jane, Thanks for the opportunity for input. Our concern about the public safety issue remains the same as I detailed in last year's letter. An additional concern involves the impact on the neighborhood. People live above the Main Street Gallery and their patio/deck areas face the harbor. Noise from the outdoor seating area that Mr. Finn proposes affects their ability to enjoy their property without undue disturbance. Outdoor seating produces voice sounds, and Mr. Finn also plays music for the outdoor patrons. As it is now, we grant Mr. Finn occasional permits for outdoor seating and his neighbors are tolerant of that, possibly because they are consulted each time, and know time limits are set. Giving him the opportunity to maintain the outdoor seating and music every business day would detract from the quality of life for those residents of the neighborhood who live in apartments above businesses and in suites at the Julien Inn. After Mr. Finn's most recent outdoor event, which was for St. Patrick's Day, City Hall received a complaint from a neighbor, who said that Mr. Finn had not taken down his tent by noon on the next business day. To begin with Mr. Finn had not requested permission to set up a tent. The permit had been granted based on the festivities ending at 10 p.m. Sunday night in accordance with City Ordinance, and on his application statement that they would tear down the event setting at I 1 p.m. that same night. City Hail notified the Police Department, and we sent an officer to the Busted Lift to tell them to take the tent down immediately. I was also notified that Mr. Finn had placed signs advertising his St. Patrick's Day event in the public rights-of-way at JFK and University and at JFK and Asbury, despite the fact that the ordinance prohibiting that signage was explained to him last year. At that time, we had advised him of the proper procednre for placing his advertisements for public view, and we directed him to take down the signs he'd placed improperly. This year I talked with Mr. Finn's business partner and bar manager Jeff Cremer, and explained the ordinance requirements to him. He agreed to take the signs down. I don't know if City Hail addressed the permit violations regarding the tent and the teardown time with Mr. Finn, but those violations and the signage placement violation this year both illustrate his tendency to push or ignore limits placed on him. This has been his history since he opened the business. The Fire Department had a significant problem with him regarding fire code shortly after the Busted Lift opened, and he has routinely continued to "misunderstand" regulations and laws, which would be inconvenient for him. I believe his repeated non-compliance efforts with ordinance and permit requirements make him a poor candidate for operating a permanent outdoor seating area within limits that would be tolerable to his neighbors and to the City's interest on behalf of the public. I also believe that allowing him to expand his daily business into the outdoor area would set a poor precedent, becanse the City could not reliably grant other bar owners or businesses the same type of expansion accommodation onto public rights-of-way. cc: Chief Wadding CITY OF DUBUQUE, IOWA MEMORANDUM July 9, 2001 To: Jane Smith Engineering From: Paula Gieseman Police Department Ref.: Busted Lift Outdoor Seating Jane, For ail of the outdoor events that the Busted Lift has held, the Police Department has required them to close the ailey at 2cnd Street as a safety precaution, because they are located slightly north ofmid:block. Our concern is that traffic coming down 2"~ Street may tu_m south into the alley, unexpectedly encounter the outdoor seating area, and be unable to stop or avoid striking people. This concern is heightened by (1) the number of tourists and out-of-town visitors, unfamiliar with our streets, who traverse the lower Main area; and (2) the strong possibility of drunk drivers navigating through that area, especially at night. A second safety precaution we required when live bands perform outside at the Busted Lift, is that a semi trailer or large panel track be parked in the grassy median southeast of the outdoor seating to act as a visual barrier between the incoming highway traffic and the activity outside the tavern. The intent of that requirement is to mitigate the distraction presented to highway traffic by the lights and activity around the band and the bar. If the Busted Lift is allowed to establish permanent outdoor seating, we believe that either curbing and signage should be instailed to guide and forewarn traffic entering the ailey, or that the ailey should be permanently closed at 2cnd Street. Please include these public safety concerns with the information provided to the City Council members for their consideration. Thank you, Paula Gieseman Related Agenda Item LAW O~I~'ICE$ OF REYNOLDS & KENLINE, L,L.P. DA¥1D L. CLEMILNIS WILL1A/vl $. ~ CHADWYN D. COX* MARK J. SUiLIVAN JEFFREY k WALTI~RS 3ENNITER A. CLEMENS-COlqLON JOI-llq T. NEMMERS TODD Iq. KLAPATAUSKJkS* * KlM C. RODDIC~*** Of Colmsel LEO A~ MmCARTMY PAULA M~ STENLI3lqD SUITE 222 FISCHI~R BUILDING P.O. BOX 239 DUBUQUE, IOWA 52004-0239 TELEPHONE: (563) 556-8000 FAX: (563) 556-8009 E-Mail:rkenline~mwci.net April 12, 2002 Mr. Terry Duggan Mayor, City of Dubuque City Hall 50 W. 13~ Street Dubuque, IA 52001. ~ Mr. Michael-C.'Van:Milligen :,City:manager: · C. iV.t-tall · . .50 W. 13~ Street Dubuque, IA 52001 Captain Panla Gieseman Dubuque Law l%forcement Center 770 Iowa Sheet c~ P.O. Box 875 Dubuque, IA 52004-0875 '~'<~ _ © Mr. Michael Koch PUblic Works Director . . : · © '~ .rD City Hall 50'W. 13m 8heei · Dubuque, IA 52001 Ms. Jeanne F. Schneider, city Clerk city Hah 50 W. 13m Street Dubuque, IA 52001 Dear Mr. Duggan, Mr. Van Milligen, Ms. Schneider, Captain Gieseman, and Mr. Koch: I represent Canvas Products Company located at 182 Main Street, Dubuque, Iowa, and its owners. They have asked me to co~tact you on their behalf and formally voice their objection to a request made by John Finn, owner of The Busted LLfl, for a permit and authority to construct and maintain an outdoor patio at 180 Main Street. Certainly, you can understand my clients' concerns regarding the nuisances associated with an outdoor bar, including increased and elevated noise, fitter, and destruction ofproperty. Further, some ofthe business hours of The Busted Lift overlap the business hours of my client, CanVas Products Company. We anticipate that the Opetafi0z/of an outdoor bar will also result in disturbances to my client's business during operating hours. In evaluating whether or not the ordinance applied for by The Busted Lift is approved, it ia my hope that the City of Dubuque remembers to consider the LAW OIq~ICES o~' REYNOLDS & K~NLINE~ L. L. P. Mr. Terry Duggan Mr. Michael C. Van Milligen Ms. Jeanne F. Schneider Captain Panla Gieseman Mr. Michael Koch April 12, 2002 Page 2 history of noncompliance of city ordinances by The Busted Lift and the history of lack of consideration given to its business neighbors. It is my understanding that the St. Patrick's Day outdoor party hosted by The Busted Lift was held without the necessary permits being obtained in advance for the outdoor tent. Further, the tent was up for an extended length of time without permission. We hope that you take into consideration the concerns raised bymy clients and other neighbors of The Busted Lift before ruling on this ordinance and seek further inpm from the neighbors to determine the extent of the impact the outdoor bar will have on the surrounding businesses and properties. It is my understa~rtlng that some of the properties in the area are residential, and the sounds created by an outdoor bar wilt certainly be a problem to anyone trying to live or raise a family in the general vicinity.// ~;, 'ents'con~. Thank. you for your cous~deratto ~Ii / Sincerely, cc: Canvas Products Company S:\WPS~a~Cl~nams-Conlon\CanvasProducts041102.wpd ~' ' ted Age · o ~ Rela nda Item April ! 2. 2002 Mayor Terry Duggan City of Dubuque City Hall Dubuque, IA 52001 Re: Busted Lift ! 80 Main Street Dubuque. IA Dear Mayor Dug,gan: It is our understanding that the City of Dubuque is being approached by the owners/operators of The Busted Lift to sell to them the area in the rear of their building that is plotted as a public sidewalk. As owners of property at 190 Main Street, we feel the need to inform you, our City Manager and the City Council of our objections: 1) The street ( 1" St. Extension) is more heavily traveled than some might expect, by abandoning this sidewalk you will be placing all pedestrian traffic in the street. AS this area continues to develop you will be seeing an increase in pedestrian traffic in this area. Safety of pedestrians should be a main concern of our City. 2) Parking in this area has already been a problem [or the neighbors. Customers of the Busted Lift continually use neighboring driveways for parking. They already are short (they have none) of the required off street parking and now want to increase their capacity! 3) The Historical Commission and the ciw were given grandiose plans of the renovations that were to take place on this property at least 4 years ago. work has never been completed and what was done was not what was proposed. 4) The Busted Lift advertises and ~guarantees' that they will be open every night until 2:00 AM. This brings v,zith it more problems: a. Noise late at night when residents are trying to sleep. b. Trash (beer bottles, etc.) strewn over the area. c. Public urination on the sidewalks. d. Vomit on the sidewalks. 5) The Busted Lift already ignores the laws an~t codes of the City by utilizing public streets for special parties. When an organization such as Dubuque Main Street sponsors an event (The Main Event), we are required to get special permission from the City to close off any street area. It is also a requirement that fencing be erected to contain those drinking to a confined area and security guards are required to make sure no one leaves the area with alcohol. Businesses inside the event area who operate bars have to get special liquor licenses and special dram shop insurance to sell alcohol on the sidewalk in front of their business for a one day event! The Busted Lift, however, ignores all these requirements and puts a tent in the middle of 1 ~ Street Extension without any permits or City approval! Are Our laws only for those who willing obey them? The City of Dubuque and the property owners in Historic Main District have spent years and a tremendous amount of public and private funds to make this area a thriving part of the community of which we can be proud. May I remind you that 1he "plan" for this area is to combine business with upper level residential. Trusting in the City thai this indeed was the plan, we and many others in the area have expended our monies in rehabbing neighboring buildings to first class business properties with high end living above. I know that many people in the City visit the Busted Lift after work and in the early evening heurs and view it as a quiet little pub with a unique atmosphere. Late in the evening it tums into a different atmosphere. People who have already had enough 1o drink, leave the bars that close early and come to the Busted Lift - they know it'll be open until 2:00 AM. These people are loud, crude and vulgar at closing time. It is a sad situation when residents are awaken with loud obnoxious noises during the early morning hours and then faced with cleaning up vomit and trash before they can open their business the next day! How would you tike to be awakened in the middle of the night with someone on the roof of your apartment yelling to his buddies in the street? ..This has happened. People have gotten to the roof of the Busted Lift and walked across 3 building roofs to 198 Main Street. If they fall where is the liability? Will the City allow the neighbors to put razor wire fencing on the roofs to keep out trespassers? If you allow the Busted Lift (or any other bar in the area) to serve alcoholic beverages on what is and should be public property you will be destroying what you and so many people in the City have spent years trying to accomplish. The Busted Lift has continually ignored regulations set by the City--parking requirements, use of public areas, over capacity of building and. building rehab requirements. Don't ever believe you will contain their business to this sidewalk area - you wilt be seeing people drinking, etc in the middle of the street. What next. Give them the street? The operators of the Busted Lift have continually sold the City a "bill of goods" to get what they want. Originally, it was to be an Irish eating establishment with a quiet little pub - operating during hours of most restaurants. They were to lease off street parking. They were to rehab the exterior of the building. They were to compliment an up and coming business/residential neighborhood. None of these items have been accomplished. I'm SOl'D/, these people will promise you whatever you want to hear and then do as they please with no repercussions from the authorities. 1 plead with you, do not abandon or sell this sidewalk area. You will be destroying the value of the neighboring properties and cause more problems than you can ever imagine. Sincerely, May 2, 2002 Mr. Terry Duggan Mayor, City of Dubuque City Hall 50 IV. 13th Street Dubuque, Iowa 52001 Mr. Michael C. Van Milligen City Manager City Hall 50 W. 13th Street Dubuque, Iowa 52001 Mr. Michael Koch Public Works Director City Hall 50 W. 13th Street Dubuque, Iowa 52001 Dear Messrs. Duggan, Van Milligen, and Koch: We are the owners of the Main Gallery, located two doors up Main Street from The Busted Lift. We also live in the back of the building. John Finn, owner of the Busted Lift, came in recendy to request that we approve a plan to build and maintain an outdoor patio behind his establishment. Mr. Finn has, in the past, asked us to give permission for various events. Sometimes we felt no fallout from his activities and didn't mind giving permis- sion for one or two nights. However, the most recent St. Patrick's Day celebra- tion was very loud and went on way beyond the time promised. We will think carefully before giving our permission for future parties. We def'mitely want to register our objections to Mr. Finn having a permanent right to expand outside the Busted Lift. He claims there will be no music, but the mess and noise from the drinkers and so on will destroy our ability to use our outside deck, or (if music is as loud as St. Patrick's Day) even re]ax at home. In addition, we have older tenants in our building who are very dis- turbed by the general bedlam. main st., dubuque, IA 15Z001, phone: Page Two We believe 1Vlr. Finn, despite promises to the contrary, does not a/maya give proper consid- eration to his neighbors. Judging by certain evidence we see on our sidewalks and the noise at 2 a.m., we also believe the establishment may serve drinks to people who have possibly had more than enough. Further, the proposed outdoor patio would interfere with the private and commercial flow of traf~m in the alleyway, and possibly be a hazard to pedestrians loitering in the area. Although we realize we don't live in a residential neighborhood, we believe the key to the revitalization of lower/~Aain lies in building residential space and t .rying to attract more peo- ple to live downtown. We desire a diverse neighborhood of retail shops, restaurants, and residences. Neighborhood bars might also fit in if they respect their surroundings. We have many friends who have expressed a desire to live in the downtown area, should space become available. However, they won't do so if the area is too noisy. We hope that you will take our views into consideration before making a decision to allow unrestricted outdoor bars in our area. Thank you, Cynthia Nelms-Byrne cc: Captain Paula Gieseman Dubuque Law Enforcement Center