ORDINANCE NO. 8195

AN ORDINANCE ALLOWING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON CERTAIN CITY PROPERTY PURSUANT TO SECTION 4-105 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS AND PURSUANT TO A SIDEWALK DINING LICENSE FOR BOURGEOIS PIG, 6 EAST 9^TH STREET

WHEREAS,     RCJ, Inc., doing business as The Bourgeois Pig, a sidewalk café located at 6 East 9^th Street, an establishment in the business of selling coffee, food, and alcoholic beverages obtained a City and State Drinking Establishment license in 1994 and has held a City and State Drinking Establishment License each and every year since 1994; and

WHEREAS,     RCJ, Inc., doing business as The Bourgeois Pig, obtained a sidewalk dining license in 1998 and has held a Sidewalk Dining License for each and every year since the original license was issued; notwithstanding it has at all times during this period not been permitted to serve, and its patrons to consume, alcoholic beverages in the public right of way designated as the sidewalk dining area; and

WHEREAS RCJ, Inc., doing business as The Bourgeois Pig, changed ownership in 2007 and the new owners intend to continue the business of selling coffee, food, and alcoholic beverages and therefore seek permission to serve, and its patrons to consume, alcoholic beverages in the public right of way designated as the sidewalk dining area notwithstanding, at the present time, the business cannot meet the minimum 70% food sales requirement described in Code Section 6-1202.5;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.           The above stated recitals are by reference incorporated herein, and shall be as effective as if repeated verbatim.

Section 2.        From and after the effective date of this ordinance, the possession and consumption of alcoholic beverages is permitted in the public right of way described as follows:  

Beginning at the Southeast corner of Lot 68 on Massachusetts Street in the Original Townsite of Lawrence, Douglas County, Kansas; thence 18 feet west along the south line of said Lot 68 to the true point of beginning; thence continuing west along the south line of said Lot 68, a distance of 34 feet; thence south perpendicular to the south line of said Lot 68, a distance of 7 feet; thence east parallel with the south line of said Lot 68, a distance of 34 feet; thence north 7 feet to the point of beginning;   Containing approximately 238 square feet, more or less;

All pursuant to Section 4-105 of the Code of the City of Lawrence, Kansas, 2006 Edition.  Provided, that the possession and consumption of alcoholic beverages on the above described property shall be pursuant to all applicable State and City laws, including but not limited to the requirements of the sidewalk dining license granted for the property.

Section 3.        This ordinance shall be effective from and after its publication as provided by law.

Adopted by the governing body of the City of Lawrence, Kansas this ___  day of November, 2007.

APPROVED:

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                                                                        Sue Hack

Mayor

ATTEST:

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Frank S. Reeb

City Clerk

Approved as to form and legality:

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Toni Ramirez Wheeler

Director of Legal Services