Memorandum

City of Lawrence

Department of Administrative Services

 

TO:

David Corliss, City Manager

 

FROM:

Frank S. Reeb, Administrative Services Director/City Clerk

 

CC:

Cynthia Boecker, Assistant City Manager

Diane Stoddard, Assistant City Manager

Jonathan Douglass, Assistant to the City Manager

Toni Wheeler, Director of Legal Services

 

Date:

October 31, 2007

 

RE:

Bourgeois Pig Sidewalk Dining License

 

 

Introduction

Earlier this year, RCJ, Inc. doing business as the Bourgeois Pig, located at 6 East 9th Street, was sold to new owners.  The new owners applied for a Sidewalk Dining License with intention of continuing to allow its patrons to consume alcoholic beverages in the right of way used for sidewalk dining purposes.  The applicant currently cannot meet the 70% food sales threshold for a licensed drinking establishment to obtain a sidewalk dining license but is nevertheless requesting the approval to allow its patrons to consume alcoholic beverages in the right of way. As described in more detail below, notwithstanding that the sale, possession and consumption of alcoholic beverages was not approved for previous Bourgeois Pig sidewalk dining licenses, given the existence of a sidewalk dining license since 1998, and given the Bourgeois Pig’s lack of complaints and public safety issues, staff recommends the Commission approve the Application for Sidewalk Dining License; adopt, on first reading, Ordinance 8195 authorizing the sale, possession and consumption of alcoholic beverages in the sidewalk dining area; and authorize the City Manager to sign an appropriate Use of Right of Way Agreement. 

 

Background

RCJ, Inc., doing business as the Bourgeois Pig, describes itself as a sidewalk café in the business of selling coffee, food, and alcoholic beverages.  The establishment first obtained a City and State Drinking Establishment license in 1994 and has held such licenses each and every year since that date.  In 1998, the establishment first obtained a Sidewalk Dining License and has held a Sidewalk Dining License for each and every year since the original license was issued.  All previous sidewalk dining licenses did not include the sale, possession, or consumption of alcoholic beverages in the city right of way used for the establishment’s sidewalk dining purposes.  City Clerk’s Office staff first became aware of the issue when the new owners applied for the sidewalk dining license and requested what they understood from the prior owners to be the continuation of allowing alcoholic beverages in the sidewalk dining area.     

 

It is unclear from staff’s files how the Bourgeois Pig first obtained a sidewalk dining license in 1998 without establishing it met the City Code section 6-1202.5, 70% food sales standard required of licensed drinking establishments to obtain a sidewalk dining license.  All forms relating to the 1998 sidewalk dining license application indicate the sale of alcohol and food sales verification is “Not Applicable.”  In addition, because the license was approved on the consent agenda, the City Commission meeting minutes from 1998 are not helpful either.  One possibility is that the license was approved with the understanding the Bourgeois Pig could only serve food and nonalcoholic beverages in the sidewalk dining area.  This would be consistent with the fact there is no ordinance granting the authority for the establishment to sell, and it patrons to consume, alcoholic beverages in the City right of way used for the sidewalk dining purposes.   If that was the understanding, it was not followed as the new owners of RCJ, Inc. informed the City Clerk’s Office that alcohol was served and consumed in the sidewalk dining area and the business was purchased based on that understanding.   

 

Staff reviews license issues on a complaint basis and because there were never any license complaints about the Bourgeois Pig and we were aware of no public safety complaints about the establishment, staff did not review the history of the Bourgeois Pig sidewalk dining license until RCJ, Inc. was sold and the new owners came to apply for a new sidewalk dining license.  During the application process when alcoholic beverages in the right of way were discussed and we informed the new owners there was no ordinance currently authorizing alcoholic beverages in the right of way, the new owners indicated the establishment was purchased with the understanding alcoholic beverages were allowed in the sidewalk dining area.  Since the initial meeting staff has worked with the new owners of RCJ, Inc. about the past business of the Bourgeois Pig and its present request for a sidewalk dining license.  The new owners have been very open and forthcoming with the fact that their food sales are only 29%, well below the 70% food sales requirement but they understood from discussions with the previous owners alcoholic beverages were allowed in the sidewalk dining area and based their purchase of the business with the understanding they would be able to sell, and their patrons consume, alcoholic beverages in the sidewalk dining area.   

 

With the exception of signing an appropriate Use of Right of Way Agreement,  the new owners of RCJ, Inc. have provided the appropriate documents for a Sidewalk Dining License.  That is, staff has received a current Kansas Food Services Establishment License; a copy of a current lease and approval for a sidewalk dining area from the adjacent property owner/lessor; proof of insurance; and payment of the $623 fee.  In addition, the site plan approved for the initial sidewalk dining license in 1998, SP-02-09-97, can be used for the new sidewalk dining license. 

 

 

 

 

Recommendation

Notwithstanding that the sale, possession and consumption of alcoholic beverages was not authorized for prior Bourgeois Pig sidewalk dining licenses; given the existence of an otherwise valid sidewalk dining license since 1998; given the Bourgeois Pig’s lack of complaints and public safety issues; staff recommends approval of the Bourgeois Pig’s Application for Sidewalk Dining License.  Staff further requests the City Commission authorize the City Manager to sign a related Use of Right of Way Agreement.  Lastly, pursuant to the City Commission’s authority in the Code of the City of Lawrence, 2006 Edition, specifically 4-105(E) to allow, by exemption,  alcoholic beverages in the public right of way for certain specified property, staff recommends approval of Ordinance 8195, allowing the sale of alcoholic beverages in the sidewalk dining area.