Memorandum

City of Lawrence

Administrative Service Department

TO:	David L, Corliss, City Manager
FROM:	Jonathan M. Douglass, City Clerk/Assistant to the City Manager
CC:	Diane Trybom, Deputy City Clerk Lynne Braddock Zollner, Historic Resources Administrator
Date:	September 10, 2009
RE:	Granada Sidewalk Dining and Hospitality License

Mike Logan, Granada LLC, d/b/a The Granada, 1020 Massachusetts Street, has applied for a Sidewalk Dining and Hospitality License and has submitted all required documents.  The related revised site plan is (SP-6-26-09). Granada’s drinking establishment license was approved on October 28, 2008. The applicant requested that its patrons be allowed to possess and consume alcoholic beverages in the outdoor seating area.  Adoption of Ordinance 8459 would allow possession and consumption of alcoholic beverages on this portion of city right-of-way. 

Section 6-1202.1 of the City Code requires that the applicant for the sidewalk dining and hospitality license submit a written statement from each adjoining property owner and tenant expressing a lack of objection to the proposed use of the sidewalk. If the applicant does not submit such statements a public hearing must be held by the City Commission to determine whether to grant the license. In this case such statements were not submitted by the applicant, so a public hearing was scheduled and the applicant and adjoining property owners and tenants were notified by mail as required by code. The Commission shall determine whether it is in the public’s interest to approve such use and shall make findings of fact sufficient to support its decision.

The City may enact additional regulations or conditions that apply to the licensee’s use of the sidewalk, for the purpose of protecting the community’s health, safety and welfare. Such conditions may include the following:

(A)     Seating requirements for patrons in sidewalk hospitality areas.

(B)     The composition of any beverage containers, bowls, plates or other items used in outdoor food or beverage service.

(C)     The use or volume of sound amplification devices or other means of noise production in the sidewalk hospitality area.

(D)     The allowable hours of use of the sidewalk hospitality area.

(E)      Staffing requirements for the monitoring of a sidewalk hospitality use.

(F)      Any other reasonable condition that protects the community’s health, safety, or welfare.

Among the standard site plan conditions for a sidewalk dining and hospitality area, the Planning and Development Services Department has also recommended the expansion of the area identified in the Enforcement Compliance Criteria note number 5 for the hospitality area to state “The sidewalk dining area and the area from the entire front building façade to the street curb line shall be trash free.” This condition was added to respond to staff concerns regarding the maintenance of the sidewalk and landscape areas for this area, due to the large number of patrons often waiting for events at this business.

ACTIONS:      Hold a public hearing. Find that the proposed sidewalk dining and hospitality use is in the public’s interest, if appropriate.

Approve Site Plan SP-6-26-09, for a sidewalk dining and hospitality area for Mike Logan, Granada LLC, d/b/a The Granada, 1020 Massachusetts Street (submitted by Paul Werner for Granada LLC, the property owner of record), if appropriate.

Approve sidewalk dining and hospitality license for The Granada, 1020 Massachusetts Street, and authorize the City Manager to enter into a right-of-way agreement with the applicant, if appropriate.   

Adopt on first reading, Ordinance No. 8459, allowing possession and consumption of alcoholic beverages on certain city property pursuant to The Granada Sidewalk Dining and Hospitality License, if appropriate.