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Home My WebLink About10 B - Outdoor Event Ordinance MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT June 16, 2008 \A\ ~~:nk Boyles, City Manag~tt;J Suesan Lea Pace, City Attorney CONSIDER APPROVAL OF AN ORDINANCE AMENDING CHAPTER 307 OF THE PRIOR LAKE CITY CODE, OUTDOOR EVENT ORDINANCE, BY ADDING A NEW SECTION 307.302 PERMITTING LIMITED OUTDOOR ENTERTAINMENT AT RESTAURANTS WITH A LIQUOR LICENSE. Introduction The purpose of this agenda item is to request Council consideration of an ordinance amendment which would authorize limited outdoor entertainment at restaurants and restaurants with on-sale intoxicating liquor licenses during the period May 15 to September 15, 2008, in addition to existing ordinance provisions relating to outdoor concerts and events. Histol"'{ At the Council's June 2, 2008 meeting, Karen and Rich Sweet appeared as part of the Public Forum requesting that the Council consider a way of allowing them to have a performer with instrument, microphones and speakers to play on the downstairs deck during afternoon and early evening hours as an added feature to their outdoor eating experience. The Council considered the request and asked that City staff prepare an ordinance amendment for Council consideration. Current Circumstances The City Attorney has spent a considerable amount of time reviewing the City's outdoor concert/event ordinance as well as our noise laws and provisions relating to the outdoor sale of liquor. She has reviewed the outdoor ordinances of other cities and brainstormed with other city attorneys about how the ordinance could be revised to provide limited entertainment while preserving the City's existing outdoor concert ordinance. Attached is an ordinance amendment prepared by the City Attorney. The amendment would authorize restaurants (with or without) on-sale liquor licenses to apply for a seasonal outdoor entertainment permit which would authorize restricted live entertainment between May 15 and September 15, 2008. The permit would be applied for from the City Manager and would include information about the facility, number of patrons, and include a parking, noise, clean up and nuisance plan and other pertinent information. Upon the granting of the permit, the restaurant could have live outdoor entertainment consi~ting of one vocalist and two instruments and limited to two microphones and a small amplification system which could perform from 5 p.m. -10 p.m. Wednesday through Saturday, and on Sunday from noon to 5 p.m. If Memorial www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 Day, the Fourth of July and Labor Day fall on a Monday, the Sunday hours are treated the same as Saturday hours and Monday hours are treated the same as a Sunday. The ordinance would dovetail with the provisions of Section 301.1500 which sets forth conditions and noise safeguards for restaurants with outdoor liquor service (copy attached). The ordinance does provide a mechanism to revoke or suspend, or impose a fine on a business that violates a condition of this section or fails to conform to its own parking, noise, clean up and nuisance plan. The penalties are not appealable to the City Council. The ordinance is established as a test with a sunset of December 31, 2008 unless the Council decides to remove the sunset provision after receiving a report from staff regarding the number of permits issued and problems encountered including parking, noise and the complaints including the impacts of the amplification systems used. Conclusion The Council should determine if it supports the proposed ordinance. ISSUES: The ordinance provides an opportunity to test the entertainment limit while retaining numerous safeguards to protect surrounding areas: 1. The other provisions of the outdoor concert/event ordinance remain in force. 2. The entertainment is limited to a specific time period during summer months, specific days of the week and specific hours with conclusion no later than 10 p.m. 3. The provisions of Section 301.1500 are incorporated into the ordinance to safeguard surrounding areas. 4. The ordinance requires a report to the Council about issues which occur this year. 5. The ordinance sunsets without affirmative Council action. FINANCIAL IMPACT: The ordinance could result in great police activity, but it would terminate due to the sunset nature of the ordinance and the seasonal nature of the authorization. ALTERNATIVES: 1. Adopt the ordinance amendment as recommended or with amendments. 2. Take no action. RECOMMENDED As determined by the City Council. MOTION: CITY OF PRIOR LAKE ORDINANCE NO.1 OS-xx AN ORDINANCE AMENDING CHAPTER 307 OF THE PRIOR LAKE CITY CODE DEALING WITH SECTION 307, OUTDOOR EVENT ORDINANCE, BY ADDING A NEW SECTION 307.302 PERMITTING LIMITED OUTDOOR ENTERTAINMENT AT RESTAURANTS WITH A LIQUOR LICENSE WHEREAS, the climate in Minnesota is such that there is a relatively short season where people can eat comfortably outdoors; and WHEREAS, there are restaurants and restaurants with on-sale intoxicating liquor licenses within the City that provide seasonal outdoor dining; and WHEREAS, restaurants and restaurants with on-sale intoxicating liquor licenses may desire to provide limited outdoor entertainment for patrons to enjoy; and WHEREAS, unrestricted outdoor entertainment at restaurants and restaurants with on-sale intoxicating liquor licenses may interfere with the quiet piece and enjoyment of neighboring properties; WHEREAS, the City Council seeks to achieve a balance between permitting restricted outdoor entertainment at restaurants and restaurants with on-sale intoxicating liquor licenses and the right of neighboring properties to expect reasonable limitations on activities that create noise and parking issues; and WHEREAS, allowing restaurants to provide restricted and regulated outdoor entertainment is a privilege the City Council is creating and not a right; and WHEREAS, the City Council desires to study the effects of permitting restaurants and restaurants with on- sale intoxicating liquor licenses to provide outdoor entertainment. NOW THEREFORE, the City Council of the City of Prior Lake, Minnesota does hereby ordain the following: 1. Section 307.300 is amended to add a new section 307.302 that provides as follows: Section 307.302 Seasonal Outdoor Entertainment Licenses. Restaurants and restaurants with on- sale intoxicating liquor licenses may apply for a Seasonal Outdoor Entertainment Permit that permits restricted live entertainment between May 15, 2008 and September 15, 2008. 1. During the period between May 15, 2008 and September 15, 2008 the City Council will permit restaurants and restaurants with on-sale intoxicating liquor licenses to provide restricted live outdoor entertainment. 2. The restaurant and restaurant with on-sale intoxicating liquor license must apply for a Seasonal Outdoor Entertainment Permit on forms provided by the City Manager. The permit application shall provide the name of the restaurant; names, addresses and work, home telephone and cellular numbers of the restaurants owners; and the names, addresses and work and cellular telephone numbers of all managers. The number of patrons permitted when outdoor entertainment is R\Council\2008 Agenda Reports\06 16 08\OUTDOOR ENTERTAINMENT ORDINANCE AA.doc provided is limited to the seating capacity of the restaurant or two times the seating capacity of a restaurant with an on-sale intoxicating liquor license. a. Parkina Plan and Noise. Clean-uo and Nuisance Plan Reauired. The permit application must also include a written plan, signed by the owners of the restaurant and any liquor licensee that address steps that will be implemented to minimize noise and nuisances, including parking plans to accommodate the number of patrons the restaurant can accommodate. Insufficient parking or lack of a noise, clean-up and nuisance plan is justification for the City Manager to deny a permit application. 3. The live outdoor entertainment is restricted to the hours between 5:00 p.m. to 10:00 p.m. Wednesday through Saturday and between 12:00 p.m. and 5:00 p.m. on Sundays. a. Holidav Exceotion. If Memorial Day, the Fourth of July or Labor Day fall on a Monday, the hours of operation on the preceding Sunday shall be 5:00 p.m. to 10:00 p.m. and from 12:00 p.m. to 5 p.m. on Memorial Day, the Fourth of July and Labor Day. 4. The live entertainment is restricted to two instruments and one vocalist. Any amplification of the entertainment is limited to two microphones and an amplification system. 5. Nothing in this ordinance is intended in any way to modify the provisions in City Code Section 301.1500; except to the extent a provision directly contradicts the a provision in this Section. a. Cleanuo. Residents of neighboring properties should not be required to tolerate litter the eye sore of a littered parking lot or area around the business premises; including debrie on private property that can reasonably be assumed was a result of patrons of the business littering. 6. All businesses shall clean up the outdoor area and the immediate surrounding area by 10:00 a.m. a. An application for an Outdoor Entertainment Permit shall be accompanied by a Cleanup Deposit in the amount of $500.00. The deposit or portion thereof shall be returned to the business by October 1 sl with an itemized statement of costs the City deducted for cleanup, pursuant to subsection c. below. b. If the business premise and surround area is not free of litter and debris that can reasonably be assumed to have resulting from permitting outdoor entertainment the City may assign a cleanup crew. If a cleanup crew is assigned, the cleanup costs incurred by the City shall be deducted from the businesses Cleanup Deposit. c. Sunset of Section 307.302. Unless otherwise amended, Section 307.302 shall Sunset on December 31,2008. 7. Permit a Privilege Not a Right. A restaurant or restaurant with Liquor License does not have a right to have outdoor entertainment. The City Council has a responsibility to balance the rights of competing property owners. Permitting a business to provide limited and regulate outdoor entertainment is a privilege the City Council is allowing businesses. That privilege exists so long as the business fully complies with the provisions of Section. 307.302. R:\Council\2008 Agenda Reports\06 16 08\OUTDOOR ENTERTAINMENT ORDINANCE AA.doc a. The City Manager is given the full authority to revoke a permit or suspend and impose fine on a business that violates a condition in this Section or fails to comply with the written and signed Parking Plan or Noise, Cleanup and Nuisance Plan submitted with the application for a permit. The decision of the City Manager shall not be appealable to the City Council. b. The City Manager shall provide the business with a written notice of a revocation of a permit. The statement shall include with specificity the facts supporting the Manager's decision. If the Manager determines that a suspension and fine is appropriate, the Manager shall provide the business with a written statement with the facts supporting the suspension and the amount of the fine. The fine shall be calculated by the lesser of (1) multiplying the seating capacity of the business by Twenty dollars ($20.00) or (2) the maximum penalty a court can impose for a misdeameanor violation. c. A suspension shall not exceed two days. The suspension shall occur on the same day of the week in the following week. For example, if the violation underlying a suspension occurs on a Friday night, the suspension of the permit shall be on the Friday night in the next week. If a two (2) day suspension is imposed, the days shall run consecutively. 2. Report to City Council. City Staff shall prepare a detailed report and recommendation to the City Council on whether to remove the Sunset provision in Subsection 307.302 within sixty (60) days prior to the effective date of the Sunset. The report shall contain the name of each restaurant or restaurant with on-sale intoxicating liquor license ("Business") that applied for a permit and whether the permit was issued or denied and the basis for denial; a summary of the types of parking plans and noise, clean-up and nuisance plans submitted by applicants and an analysis of which mitigation measures were effective and whether the business complied with the plans they submitted; the number and description, by location, of all complaints the City received about a business during the hours outdoor entertainment was permitted; whether a business complied with the restrictions on days and hours of operation and the type of entertainment permitted, including the impacts of the amplification systems used. The report shall recommend proposed changes to this Section that would: (1) achieve a more harmonious balance between permitting restricted outdoor entertainment and minimizing the impact on neighboring properties and (2) administering the ordinance; including suspension and revocation of a permit and adjustments to the permit fee. 3. If a provision of this ordinance is held to be unenforceable by a court of competent jurisdiction in Scott County, Minnesota the offending section shall be stricken from this ordinance, but the remaining sections shall remain in full force and effect. This ordinance shall become effective upon and after its passage and publication. Passed by the City Council of the City of Prior Lake this 16th day of June 2008. ATTEST: City Manager Mayor Published in the Prior Lake American on the 21st day of June 2008. R\Council\2008 Agenda Reports\06 16 08\OUTDOOR ENTERTAINMENT ORDINANCE AA.doc