Memorandum
City of Lawrence
Legal Services Department
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TO: |
Toni Wheeler, Director of Legal Services
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FROM: |
John Jay Miller, Staff Attorney |
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Date: |
September 16, 2010
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RE: |
Sidewalk Dining and Hospitality Use Locations
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On May 18, 2010, the City Commission considered a request to allow Louise’s downtown to be eligible for a sidewalk dining and hospitality license. The Commission directed staff to provide a survey of the existing downtown bars and restaurants with respect to the sidewalk dining and hospitality use. This memorandum is a follow up to the May 18 meeting.
Historically, the City has taken a conservative incremental approach for the use of downtown sidewalks for sidewalk dining and hospitality purposes beginning with the standards originally established in 1993 and then amended in 2008. Staff has reviewed the location of businesses in the Downtown Commercial District that have an existing sidewalk dining and hospitality license or may be eligible for a license. Our review indicates thirty-one businesses currently have sidewalk dining and hospitality licenses. Another three businesses have sidewalk dining but records do not indicate that they have a City license. Staff has contacted those businesses and they are in the process of seeking compliance with the City code.
The emphasis of the review was on businesses previously determined to have legal nonconforming use status from the 55% food sale requirement for licensed premises in the Downtown Commercial District. Twenty-five businesses were classified as legal nonconforming licensed premises in 2004. For the purposes of this memorandum those businesses will be analyzed as a legal nonconforming use although the businesses may no longer be nonconforming based on changes in use, expansion or loss of nonconforming status. Also, because of their location, Abe and Jake’s Landing is excluded from the sidewalk dining analysis.
Based on the City Clerk’s records, current GIS data and canvassing the existing downtown licensed premises and hospitality establishments along Massachusetts, New Hampshire and Vermont and the adjacent cross streets, staff provides the following information for existing and potential sidewalk dining and hospitality licensees in the Downtown Commercial District.
A map is provided showing the businesses with existing sidewalk dining and hospitality licenses or that have approved sidewalk dining site plans and the location of the businesses that may be considered legal nonconforming uses that do not have sidewalk dining and hospitality licenses.
Licensed Premises with Legal Nonconforming Use Status
Our review indicates there are twenty-five businesses classified as legal nonconforming licensed premises. Of the twenty-five, eight currently have sidewalk dining and hospitality licenses (See Table 1).
TABLE 1
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NAME |
ADDRESS |
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700 Block |
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Teller’s |
746 Massachusetts |
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800 Block |
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Sandbar |
17 E. 8th Street |
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Eight Street Tap Room |
801 New Hampshire |
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900 Block |
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Mad Greek |
907 Massachusetts |
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Bourgeois Pig |
6 E. 9th Street |
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Genovese |
941 Massachusetts |
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Jack Pot Saloon |
943 Massachusetts |
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1000 Block |
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Fatso’s |
1016 Massachusetts |
For the remaining licensed premises, eligibility for a sidewalk dining and hospitality license would be evaluated and determined for each property subject to the current provisions of Chapter 6, Article 12, Sidewalk Dining License. As previously discussed in the staff memorandum provided to the City Commission on May 18, 2010, Section 6-1202.13 imposes “a no reasonable alternative location” requirement that means if a business has a useable non-enclosed area of 50 square feet or more located off of the City’s right of way and is at least five feet wide at its shortest dimension the business is limited to that space for its outdoor hospitality area.
Seventeen existing licensed premises given legal nonconforming status do not have a sidewalk dining and hospitality license (See Table 2).
TABLE 2
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NAME |
ADDRESS |
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600 Block |
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Dempsey’s |
623 Vermont |
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Quinton’s |
615 Massachusetts |
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Free State Brewery |
636 Massachusetts |
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Liberty Hall |
644 Massachusetts |
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700 Block |
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Eldridge (10 & Jayhawker) |
701 Massachusetts |
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Rudy’s Pizzeria |
704 Massachusetts #2 |
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Barrel House |
729 New Hampshire |
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The Bottleneck |
738 New Hampshire |
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Tonic & Mass St. Pub |
728 Massachusetts |
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800 Block |
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Cielito Lindo |
815 New Hampshire |
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900 Block |
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Jazzhaus |
926 Massachusetts |
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Red Lyon Tavern |
944 Massachusetts |
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Replay Lounge |
946 Massachusetts |
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1000 Block |
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Louise’s |
1009 Massachusetts |
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Harbour Lights |
1031 Massachusetts |
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Granada |
1020 Massachusetts |
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1100 Block |
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Brother’s |
1105 Massachusetts |
The existing sidewalk dining and hospitality code requirements prevent several of the listed businesses, such as Louise’s, from being eligible for a license (See Table 3). Without measuring the useable non-enclosed area adjacent to the City’s right-of-way, it would appear that Quinton’s, Free State Brewery, Dempsey’s, Replay Lounge, Cielito Lindo, Eldridge and Louise’s may not be eligible for a sidewalk dining and hospitality license because of the 50 square feet of useable space requirement. Others, like the Jazzhaus, with a second floor establishment, or Rudy’s Pizzeria may not satisfy the requirement to adjoin the right-of-way.
TABLE 3
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NAME |
ADDRESS |
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600 Block |
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Dempsey’s |
623 Vermont |
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Quinton’s |
615 Massachusetts |
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Free State Brewery |
636 Massachusetts |
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Liberty Hall |
644 Massachusetts |
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700 Block |
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Eldridge (10 & Jayhawker) |
701 Massachusetts |
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Rudy’s Pizzeria |
704 Massachusetts #2 |
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800 Block |
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Cielito Lindo |
815 New Hampshire |
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900 Block |
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Jazzhaus |
926 Massachusetts |
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Replay Lounge |
946 Massachusetts |
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1000 Block |
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Louise’s |
1009 Massachusetts |
If the Sidewalk Dining and Hospitality License Article is amended to repeal the “no reasonable alternative use” restriction, then all seventeen additional businesses may be eligible for a sidewalk dining and hospitality license regardless of alternative area that may be available for outdoor use.
If all the restaurants classified as a legal non-conforming businesses converted from a restaurant to an establishment selling primarily cereal malt beverages or alcoholic liquor or both, then eight additional businesses could be bar type establishments.
Businesses with Sidewalk and Hospitality Licenses
To provide background on the possible expansion of sidewalk dining and hospitality licenses, our review indicates that there are thirty-one businesses that have licenses. Of the thirty-one, twenty-three are eating and drinking establishment businesses (See Table 4). Eight are considered legal nonconforming licensed premises (See Table 1).
TABLE 4
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NAME |
ADDRESS |
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700 Block |
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715 |
715 Massachusetts |
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Jefferson’s Restaurant |
743 Massachusetts |
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Wa Restaurant |
740 Massachusetts |
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Local Burger |
714 Vermont |
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Signs of Life |
722 Massachusetts |
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Teapouro Tea & Espresso |
712 Massachusetts |
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800 Block |
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Esquina |
801 Massachusetts |
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Global Café |
820 Massachusetts |
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La Parilla |
814 Massachusetts |
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Noodles & Co |
8 West 8th |
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Pachamama’s |
800 New Hampshire |
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Zen Zero, Inc. |
811 Massachusetts |
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900 Block |
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Chipotle Mexican Grill |
911 Massachusetts |
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Henry’s on Eighth Street |
11 East 8th |
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Ingredient |
947 Massachusetts |
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Milton’s Coffee |
920 Massachusetts |
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1000 Block |
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Angler’s Seafood |
1004 Massachusetts |
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Buffalo Wild Wings Grill & Bar |
1012 Massachusetts |
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Einstein Bros Bagels |
1026 Massachusetts |
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Aimee’s Café and Coffeehouse |
1025 Massachusetts |
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PaPa Keno’s Pizzeria |
1035 Massachusetts |
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Southern Cuisine |
1008 Massachusetts |
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1100 Block |
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Yummy’s Over-the-Top |
1119 Massachusetts |
In addition to the three businesses that have sidewalk dining but records do not indicate that they have a City license, there are approximately thirty-nine additional businesses that serve food and non-alcoholic beverages or food and are a licensed premises that may be eligible for a sidewalk dining and hospitality license. Examples include Starbucks, Maceli’s, and India Palace. Not all of the businesses would meet the code requirements but the numbers provide a background for how much expansion is available for sidewalk dining and hospitality licenses.
Combining the currently licensed businesses with the businesses that do not have but may be eligible for a license, and the Downtown Commercial District could have approximately seventy-three businesses with a sidewalk dining hospitality license. The number of potential downtown eating and drinking establishments is subject to change so over time the number may increase or decrease.