Hearing notice locations inconsistent
A few days ago I blogged about public notice signs facing the road rather than the sidewalk (Public notice signs face drivers, not pedestrians). Then I spotted a trio of notices two blocks to the West posted on a window visible from the sidewalk, a good location.
I don’t think I had anything to do with a shift in policy, my guess is those who post the notices are just inconsistent. All three of these hearings are on the same date & time, each permit requires notice. I had long wondered the difference between a “summer garden” and a Side-walk cafe” so I inquired with Robert Kraiberg, Commissioner of the city’s Excise Division. His response:
“A Summer Garden permit is obtain if tables & chairs are placed in the patio area of a licensed premise. Whereas a Sidewalk Cafe permit is obtain if tables & chairs are placed on the City Sidewalk. With the Sidewalk Cafe permit one would need to also go through the Board of Public Service to obtain what is called a Sidewalk Encroachment Permit as well.“
I’m still a bit confused how a place would need both a summer garden and sidewalk cafe permit but I’ll leave that question for another day.
– Steve Patterson
The summer garden permit is likely required because residential neighbors can/do have major concerns with/objections to businesses using their outdoor private property for commercial uses (think Royale) – my good times at 10 pm or 2 am gets pretty old if you're trying to sleep next door/across the alley and have to be up for work at 5 or 6 am every day.
The sidewalk cafe permit addresses similar concerns, plus maintaining publioc access to the public right of way. The big difference between the two is one covers private property and one covers public property.
As for postings, I agree they should be visible to all interested properties. My guess is that a private property owner needs to agree to have public notices posted on their property. The reality is if the owner is the applicant, they will have few, if any objections. The only question is if the posting regulations need to be tightened up. (In Denver, the applicant is typically responsible for posting to city standards, and city staff only verifies that it's been done properly. While it can be argued that having city staff do the actual posting would be more consistent, it's also more expensive.)
To clarify, this space/building doesn't have a private courtyard.
It only took a little research on Google, but the answer, in layman's terms, is that you need a liquor license to serve booze at an establishment, you need a summer garden permit to serve booze outside, and you need a side-walk cafe license to serve food on the public right-of-way. So, if you want to serve wine with your lasagna on a table on the sidewalk, you need all three permits. And, if you mess up, the city can take back any one or any combination, selectively.
From city ordinance: “14.08.200 Summer garden/sidewalk cafe.
A. Notwithstanding any other provisions of this chapter and title, upon application by a person to whom a drink or C.O.L. license has been issued, the Excise Commissioner may issue a permit to allow the licensee to maintain, in connection with and adjoining the licensed premises, an open-air space, commonly called a summer garden or sidewalk cafe, for serving or consuming intoxicating liquors and/or nonintoxicating beer.” No permit shall be issued for a summer garden unless at least one (1) side of the summer garden adjoins a public street, alley, or highway and is so fenced and equipped as to permit an unobstructed view of the summer garden from the street, alley or highway. The Excise Commissioner shall not issue a permit for a sidewalk cafe, any portion of which is located upon a public right-of-way, unless the licensee has first procured an encroachment permit from the City.”
One example of a permit issued with conditions, for Pueblo Solis in St. Louis Hills: http://stlouis.missouri.org/stlouishills/local_…
“At least ten (10) days before the date on which the hearing on the permit is scheduled, the Excise Commissioner shall cause to be mailed or delivered to the applicant, the Alderman of the Ward in which the licensed premises is or would be located, and the Police Department notice of the time, place and date of the hearing. In addition he shall cause a placard containing the words “HEARING ON SUMMER GARDEN PERMIT IN THIS BLOCK” or “HEARING ON SIDEWALK CAFE PERMIT IN THIS BLOCK,” whichever is appropriate, printed in bold black letters at least one and one-half (1½) inches in height, to be placed at each end of the block on the side of the street where the applicant proposes to locate the establishment, unless such placement is not possible. If it is not possible to place said placards in the manner specified in the preceding sentence, the liquor control agent posting the placards shall place the placards in such manner as to give the greatest notice to passersby of the hearing on the application.”
I'm guessing here, but sometimes the private property line extends slightly beyond the exterior wall..and therefore you'd need the “Summer Garden permit.” …and so the tables and chairs also extend into the public right of way.(sidewalk cafe permit.) Dont think of it as patio vs. sidewalk…think of it as public vs private land. I developed a bldg in Chicago(corner of clark/jackson) with just this issue. The bldg property line was slightly farther out than the exterior wall. I also put up awnings and table umbrellas that extended into the “public way” and, therefore, I was required to obtain a 3rd permit. fun.