HomeMy WebLinkAboutStaff Report 121-08TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL 9
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
JANUARY 22, 2008 CMR: 121:08
ADOPTION OF AN ORDINANCE AMENDING SECTION 9.04.010
("STREETS, SIDEWALKS, HIGHWAYS, ALLEYS - CONSUMPTION OF
ALCOHOLIC BEVEtLA_GES PROHIBITED") OF CHAPTER 9.04
("A_LCHOLIC BEVERAGES") OF TITLE 9 ("PUBLIC PEACE, MOIL&LS,
AND SAFETY") OF THE PALO .ALTO MUNICIPAL CODE TO ALLOW,
IN ALL COMMERCIAL DISTRICTS WHERE OTHER~qSE
PERMITTED BY ZONING REGULATIONS, ALCOHOLIC BEVERAGE
SERVICE BY COMMERCIAL ESTABLISHMENTS TO PATRONS
SEATED AT PERMITTED EATING AND DRINKING AREAS ON
PUBLIC SIDEWALKS, SUBJECT TO A CONDITIONAL USE PERMIT
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance anaending Section 9.04.010
of the Palo Alto Municipal Code (PAMC) to allow alcoholic beverage service by commercial
establistmaents at permitted eating and drinking areas on public sidewalks subject to a
conditional use permit.
BACKGROUND
The City of Palo Alto allows restaurmats in all commercial meas in the City to put tables mad
chairs on the sidewalk, subject to architectural review and an encroaclmaent permit. Maay of
these restaurants and cafes also selwe alcohol, which requires a license from the State
Department of Alcoholic Beverage Control (ABC). Staff has recently become aware of a
conflict between the encroaclmaent permits the Cib, issues mad other City code provisions. At
issue is a regulation originally intended to enable police to prevent people from drinking on
sidewalks, in parking lots, or other public areas, but which technically prohibits restaurants from
se~wing alcohol at sidewalk seating. Restaurants, therefore, must decide between refusing
alcoholic beverages to patrons sitting in permitted sidewalk seating or risking enforcement by the
City or ABC.
CMR: 121:08 Page 1 of 3
DISCUSSION
The City regulation in question is in Chapter 9.04 of the PAMC. Section 9.04.010 states, "It
shall be zmla~d for a~Lv person to consume any alcoholic beverage upon ar~y street, sidewalk,
highway or alley." Exceptions follow for specific locations and special events, with a permit.
There is no exception, however, for eating and drinking establislnnents.
Section 9.04.010 was established in 1982 in response to "an increasing problem related to the
consumption of alcoholic beverages on public sidewalks, streets, parldng lots, alleys, Ls~on
Plaza, and other shopphag areas." (CMR 292:82). Laws against being drm~c in public were
ineffective in stopping the problem, so the City Council enacted this ordinance, on the
recon~unendation of the City Manager and Police Chief. The staff report accompanying the
ordinance did not discuss alcoholic beverage service to patrons at permitted sidewalk restaurant
seating, most likely because such seating was not pemaitted until 1986. However, the staff report
accompanying the 1986 ordinance that allowed sidewalk seating (CMR 528:86) did not discuss
alcoholic beverage service either.
Adopting this ordinance will enable the City to issue permits to serve alcohol at outdoor seating
areas, which will in tuna enable restaurant owners to obtain a license from ABC for alcohol sales
and service in those areas. The ordinance is narrowly defined, and only permits alcohol
consumption on sidewalks by patrons seated in legally pemaitted sidewalk seating.
POLICY IMPLICATIONS
In the 1986 ordinance permitting conmaercial sidewalk encroaclmaents, the City Council made a
finding that doing so would "enhance pedestrian atmosphere and se~adces". By adopting this
ordinance, the City Council would continue to fulfill this objective by resolving an inconsistency
that exposes eating and drinking services to enforcement by ABC when restaurants serve pataons
at pemaitted outdoor seating areas.
RESOURCE IMPACT
Adopting this ordinance will not require the expenditure of additional City resources.
ENVIRONMENTAL REVIEW
Adoption of this ordinance is not a project under the California Enviromnental Quality Act
(CEQA).
ATTACHMENTS
A. Ordinance anaending Section 9.04.010 of the PAMC
CMR: 121:08 Page 2 of 3
PREPARED BY: ~>c
.J/~N ABENDSCHEIN
’~dT@~at°r
DEPARTMENT HEAD REVIEW: ~~-"
/STEVE
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
EMILY HA~RRIS ON
Assistant City Manager
COURTESY COPIES
Sandra Lonquist, Palo Alto Chamber of Commerce, 122 Hamilton Avenue, Palo Alto,
CA 94301
Sherry Bijan, Palo Alto Downtown Business and Professional Association, 542 High
Street, Palo Alto, CA 94301
John Benvenuto, 660 Stanford Shopping Center, Palo Alto, CA 94304
Ronna DeVincenzi, California Avenue Area Development Association, 2600 E1 Camino
Real, Suite 100, Palo Alto, CA 94306
Marta Reines, 2695 Middlefield Rd, Palo Alto, CA 94306
James Ellis, 111 Sutter Street, Suite 800, San Francisco, CA 94104
CMR:121:07 Page 3 of 3
NOT YET APPROVED
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 9.04.010 ("STREETS,SIDEWALKS,
HIGHWAYS,ALLEYS -CONSUMPTION OF ALCOHOLIC
BEVERAGES PROHIBITED") OF CHAPTER 9.04("ALCOHOLIC
BEVERAGES’) TO TITLE 9 ("PUBLIC PEACEMORALS AND
SAFETY") OF THE PALO ALTO MUNICIPAL CODE
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 9.04.010 (Streets, sidewalks, highways, alleys - Consumption
of Alcoholic Beverages Prohibited) of Chapter 9.05 (Alcoholic Beverages) of Title 9 (Public
Peace, Morals and Safety) of the Palo Alto Municipal Code is hereby amended to read as
follows:
"9.04.010 Streets, sidewalks, highways, alleys - Consumption of Alcoholic
Beverages Prohibited
(a)It shall be unlawful for any person to consume any alcoholic beverage upon
any street, sidewalk, highway or alley except as may be authorized by City Council.
(b) Notwithstanding subsection (a) of this section, alcoholic beverages may be
consumed in a city-owned right-of-way by patrons within legally permitted eating establishment
seating areas in accordance with, and subject to a conditional use permit issued pursuant to
Section 18.76.010 of this code.
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SECTION 2.
of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
NOT YET APPROVED
This ordinance shall be effective on the thirty-first day after the date
Mayor
APPROVED:
City Manager
Police Chief
Director of Administrative
Services
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