Memorandum

City of Lawrence

Administrative Services Department

To:	David L. Corliss, City Manager
From:	Frank S. Reeb, Administrative Services Director
CC:	Cynthia Boecker, Assistant City Manager Diane Stoddard Assistant City Manager Jonathan Douglass, Assistant to the City Manager Scott McCullough, Director of Planning and Development Services Toni Wheeler, Director of Legal Services
Date:	March 5, 2009
Re:	8^th Street Tap Room Sidewalk Hospitality License

Louise’s Inc. doing business as 8^th Street Tap Room, 801 New Hampshire, has applied for a sidewalk dining and hospitality license.  Pursuant to City Code section 6-1202.1, one of the requirements to obtain such a license is to obtain written statements from each adjoining property owner, and any tenant of each adjoining property owner, expressing a lack of objection to the proposed sidewalk hospitality use.  The same Code section cited above also requires a public hearing in the event the applicant is unable to obtain all such written statements.  The applicant has not obtained all written statements from adjoining property owners and tenants and therefore has requested this public hearing process. 

The City Clerk’s staff has timely published a notice of public hearing in the Lawrence Journal World (published on February 25, 2009) and sent, via first class mail, written notice of the date and time of the public hearing to all adjoining property owners and tenants.  As of the date of this memo, staff has not received any written or oral objections to the proposed sidewalk hospitality use.

As for the other requirements for a sidewalk hospitality license, all but the Use of Right of Way Agreement and the ordinance authorizing alcoholic beverages in the sidewalk hospitality area have been submitted.  Both the Use of Right of Way Agreement and ordinance require a legal description of the sidewalk area and the applicant has requested approval of the site plan and conditional approval of the license before paying for the survey work to obtain the legal description.  The applicant understands that the sidewalk may not be used until the Use of Right of Way Agreement is fully executed and also that alcoholic beverages may not be consumed in the proposed sidewalk area until such time as an ordinance allowing such alcohol possession and consumption is adopted.  Further, the related site plan SP-02-10-08 contains conditions requiring the Use of Right of Way Agreement and ordinance before a certificate of occupancy is issued. 

Action Request: Staff recommends the City Commission find that the proposed sidewalk use is within the public’s interest and approve the sidewalk hospitality license conditioned on the execution of the Use of Right of Way Agreement.