At the request of Commissioner Mark Samuelian, the above agenda item has been placed on the May 4, 2022 City Commission meeting agenda as a referral to the Planning Board.

On May 11, 2016, the City Commission adopted Ordinance No. 2016-4014, amending the hours of operation, and location and use restrictions for alcoholic beverage establishments located along the west side of Alton Road and east of Alton Court, from 6th Street to the Collins Canal, and along the east side of West Avenue, from Lincoln Road to 17th Street. The Ordinance provides that alcoholic beverage establishments shall cease operations no later than 2:00 a.m. each night. The Ordinance also established the following regulations on outdoor operations:

(2) Establishments with sidewalk cafe permits shall only serve alcoholic beverages at sidewalk cafes during hours when food is served in the restaurant, shall cease sidewalk cafe operations at 12:00 a.m., and shall not be permitted to have outdoor speakers.

(3) Commercial uses on rooftops shall be limited to restaurants only, shall cease operations no later than 11:00 p.m. on weekdays and 12:00 a.m. on weekends, and shall only be permitted to have ambient, background music.

The City Commission included an applicability clause in the Ordinance, exempting any alcoholic beverage establishment with a valid business tax receipt (BTR) or land use board approval issued prior to May 21, 2016.

Commissioner Samuelian would like the City Commission to refer an Ordinance to the Planning Board, amending the CD-1 and CD-2 district regulations for properties along the Alton Road and West Avenue corridors, in order to adopt uniform hours for the outdoor sale and consumption of alcoholic beverages at alcoholic beverage establishments, with such outdoor sale and consumption of alcohol to terminate at midnight. This will include amendments to the 2016 applicability clause, to require existing establishments to comply with the 12:00 a.m. termination time for sidewalk cafes, as well as the hours for rooftops (11:00 p.m. on weekdays and 12:00 a.m. on weekends).

On April 6, 2022, a related ordinance repealing the 2016 exception altogether – which would have resulted in uniform alcohol hours for indoor areas and outdoor areas, respectively – failed at First Reading. This new referral would affect outdoor service only, and would not impact the ability of establishments, existing as of 2016, to continue to serve alcohol until 5:00 a.m. indoors.

The outdoor sale and consumption of alcoholic beverages during the early morning hours is disruptive to residents, generates undesirable noise, and results in increased calls for service to the Police and Fire Departments. Accordingly, this Ordinance will be narrowly tailored to only address outdoor service in the West Avenue neighborhood – which is primarily residential – where the impacts of late-night drinking are most acutely felt.

Please do not hesitate to contact me if you have any questions.