Citation in context
April 12, 2016 — Meeting Minutes
Cited passage
04-12-16 BOA Minutes April 12, 2016 Page 5 of 9
Mayor Sanger recommended that the closing time is 12:00 a.m. City Attorney O’Keefe stated that a permit for outdoor dining does not include the right to maintain a nuisance. If someone is operating their enterprise in such a way as to create a public nuisance then they are subject to that problem being addressed. Alderman Berkowitz commented that he agrees with Alderman Boulton where there is a situation that this is a commercial area within a residential area and suggested other closing times as compared to Ms. Robinson’s other restaurants. Alderman Boulton moved to amend Resolution No. 16-08, to require that the restaurant close at 12:00 a.m. Alderman Berger seconded. The motion passed 6-Ayes to 1 Nay (Garnholz) on a voice vote. Alderman Berkowitz moved to further amend Resolution No. 16-08, to require that the outdoor patio dining closes at 10:00 p.m. Alderman Garnholz seconded. The motion failed 2 – Ayes to 5 – Nays (Winings, Boulton, Berger, Lintz, and Sanger) on a voice vote. Alderman Garnholz moved to approve Resolution No. 16-08, to consider a transfer of the conditional use permit to Zoe V., LLC d/b/a Billie Jean located at 7610 Wydown Boulevard as amended. Alderman Winings seconded. The motion passed 5-Ayes to 2- Nays; Roll-call vote – Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Nay; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Nay; and Mayor Sanger – Aye.
Ms. Robinson stated that she understands the concerns and does not want to cause any trouble for the neighborhood. She noted that the Architectural Review Board approved no more than six tables on the patio and clarified that she will have only four tables and also that her crowds are usually not young. In response to Alderman Winings question, Ms. Robinson confirmed that Bar Les Freres operates indoors and outdoors until 12:00 a.m. adding that they have a lot of tables outdoors and that she has not received any complaints, not even the resident that lives above the restaurant. Alderman Boulton pointed out that Bar Les Freres is located in the heart of that area’s commercial setting and that anyone renting a space above a restaurant expects the noise that is associated. Alderman Berger commented that he does not see the patio seating as a significant issue based on the number of tables. He added that the Board just approved a band for several hours which is close to residential. He has strong faith of Ms. Robinson’s relationship with the neighbors. Alderman Boulton stated that she feels that they are confusing two different issues; a band (four times in four months, 4p – 7p)) versus a noisy patio every night (5p – 1a). She feels that there should be stricter time constraints for residential areas. Alderman Berger stated that he hopes the aldermen do not want to start restricting dining that’s close to other residential neighborhoods in the same way that she is enumerating this particular location.
She feels that there should be stricter time constraints for residential areas. Alderman Berger stated that he hopes the aldermen do not want to start restricting dining that’s close to other residential neighborhoods in the same way that she is enumerating this particular location. That would be a detriment to our community because we are known for outdoor dining. In response to Alderman Garnholz’s question, City Attorney O’Keefe stated that per the Code outdoor dining permits are subject to reapplication renewal annually. Alderman Lintz clarified that the Board is not voting on outdoor dining tonight, there is a residential building and also lots of commercial building activity. Alderman Boulton stated that she would like to address the 1:00 a.m. closing for the new restaurant compared to the 12:00 a.m. closing for the other restaurants.
Alderman Winings seconded. The motion passed 5-Ayes to 2- Nays; Roll-call vote – Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Nay; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Nay; and Mayor Sanger – Aye. TO APPROVE AN AMENDMENT TO THE CITY LIQUOR CODE RELATED TO LICENSES AND LICENSEES
City Manager Owens Recent events in local communities regarding liquor licensing have generated questions for staff regarding the City’s ability to regulate liquor licensing. The area of concern is regarding potential lewd behavior at these establishments. The City Attorney has reviewed state law and we present to you the attached ordinance which imports to the city code, and somewhat expands upon, limitations on lewd behavior as provided by current provision in the Code of State Regulations applicable to all state liquor licensees In addition, the proposed ordinance also imports to the city code other state regulations concerning the duty of liquor licenses to keep an orderly place and cooperate with law enforcement. Though licensees already have an obligation to fulfill these standards by reason of their state license, having parallel performance standards in our own city code will facilitate separate municipal license enforcement efforts should that become necessary. We also took this opportunity for other minor code clean-up to clarify ambiguous or inconsistent language in the licensing and enforcement portions of the code. Recommendation is to approve the attached ordinance amending the City Liquor Code to prohibit lewd behavior.
We also took this opportunity for other minor code clean-up to clarify ambiguous or inconsistent language in the licensing and enforcement portions of the code. Recommendation is to approve the attached ordinance amending the City Liquor Code to prohibit lewd behavior. Alderman Boulton moved to amend Bill No. 6548, Section A.2 to also include the prohibition of displaying any portion of the areola of the male breast.