The following ordinance proposed for consideration by the Shelby City Council is presented in DRAFT form here for public review and comment. Comments or questions regarding the content of the DRAFT ordinance may be sent by email message to citizen.comments@cityofshelby.com
City Council has scheduled a Public Hearing for Monday, February 16, 2009 beginning at 6:00pm in City Council Chambers located at 300 South Washington Street
ORDINANCE NO. ______-2009
AN ORDINANCE OF THE CITY OF SHELBY, AMENDING SECTION 30-5 OF ARTICLE I OF CHAPTER 30; AMENDING SECTION 10-132 OF ARTICLE III OF CHAPTER 10; AND BY ADDING A NEW SECTION 10-135 TO ARTICLE III OF CHAPTER 10, IN ORDER TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT SIDEWALK CAFES
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF SHELBY THAT THE SHELBY, NORTH CAROLINA CODE OF ORDINANCES IS AMENDED AS FOLLOWS:
Amendment No. 1
Section 30-5 of Article I of Chapter 30 shall be amended to read as follows:
Sec. 30-5. Sale, use of alcoholic beverages on city property.
It shall be unlawful for any person to drink or to consume, or to offer, give, sell or barter any beer, malt liquor, ale or wine on or in any premises or property owned or used by the city. This section does not apply to sidewalk cafes as described in Chapter 10 Article III of this Code of Ordinances.
(Code 1985, § 13-12)
State law references: Regulation of alcoholic beverages, G.S. ch. 18B.
Amendment No. 2
Subsection (2) of Section 10-132 of Article III of Chapter 10 shall be amended to read as follows:
(2) All tables, chairs and other items shall be placed so as to not present a sight hazard to vehicular traffic or a hazard to pedestrians. Use of public amenities such as benches or seats is prohibited. Further, tables and chairs used for sidewalk cafe operation shall be constructed and utilized so as to protect the public safety. Furniture material must be of a commercial grade, sturdy, safe, of quality workmanship, must aesthetically complement the permittee's property, and must not be out of character with the business district where the furniture will be located. A temporary physical barrier, as approved in the aforementioned permitting process, shall be erected separating the permitted area from the unobstructed contiguous sidewalk.
Amendment No. 3
Subsection (7) of Section 10-132 of Article III of Chapter 10 shall be deleted in its entirety.
Amendment No. 4
Article III of Chapter 10 shall be amended by adding a new Section 10-135 as follows:
Sec. 10-135. Alcoholic beverages. Notwithstanding any other provisions of this Code, alcoholic beverages may be served in approved sidewalk cafes provided that the following requirements are met:
1) The sidewalk café shall be part of a restaurant which shall otherwise be authorized, permitted, or licensed under the state law and this Code to serve and sell alcoholic beverages for on-premises consumption.
2) The sidewalk café must be included as part of the premises for which an ABC permit is issued pursuant to state law, for the purpose of applying and enforcing state laws regarding the sale or consumption of alcoholic beverages.
3) Signs shall be posted, visible at all exit points from the sidewalk café, that it is unlawful to remove alcoholic beverages from the premises.
4) The restaurant operator shall not have violated any law, regulation, or ordinance relating to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances for the three years preceding the commencement of the sale of alcoholic beverages at the sidewalk café.
5) No outdoor bar is allowed within the sidewalk café, nor shall outdoor preparation of alcoholic beverages be permitted except that unfortified wine may be decanted or beer poured at a table as part of a meal.
6) Any alcoholic beverages served and consumed at an approved sidewalk café must be served and consumed in glasses or cups which bear no markings other than the logo or the name of the business operating the sidewalk café.
7) Any alcoholic beverages served and consumed at an approved sidewalk café can only be served to and consumed by a customer while that customer is consuming a meal purchased from the business operating the approved sidewalk café.
8) No advertising of alcoholic beverages (including, by way of illustration, signs, napkins and coasters) shall be allowed in the area of an approved sidewalk café.
9) Only unfortified wine and beer may be served in the area of an approved sidewalk café. No other alcoholic beverages are permitted.
This Ordinance shall become effective upon its adoption.
Adopted on this the ____ day of _________________, 2009.
______________________________
W. Ted Alexander,
Mayor
ATTEST
_____________________________
Bernadette A. Parduski, CMC
City Clerk
APPROVED AS TO FORM
_____________________________
Robert W. Yelton,
City Attorney |
