33-20 - ALCOHOLIC BEVERAGES

Ordinance NO. ORD-33-20

BY THE COUNCIL BAGEANT, CLEGG , HALLYBURTON, SANCHEZ, THOMSON AND WOODINGS

AN ORDINANCE AMENDING THE “EMERGENCY TEMPORARY SUSPENSION AND AMENDMENT OF PROVISIONS OF BOISE CITY CODE TITLE 3, CHAPTER 3, (ALCOHOLIC BEVERAGES), TITLE 3, CHAPTER 4 (SIDEWALK CAFÈS), AND TITLE 5, CHAPTER 2, SECTION 10 (ALCOHOL OPEN CONTAINER),” BOISE CITY CODE TITLE 1, CHAPTER 16, SECTION 5, TO ALLOW FOR WATER-FILLED PATIO BARRIERS LESS THAN THREE FEET IN HEIGHT; AMENDING SECTION 9 TO EXTEND THE AUTOMATIC SUNSET PROVISION TO DECEMBER 31, 2021; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the health and safety of all citizens of the city of Boise City ("City") is the greatest priority and is of the utmost importance of the Mayor and City Council; and

WHEREAS, the coronavirus ("COVID-19"), is a respiratory disease caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can easily spread from person to person, which can result in serious illness or death thereby threatening widespread and severe damage to life or property thereby creating an "emergency" as defined by Idaho Code § 46-1002; and

WHEREAS, on March 11, 2020, the World Health Organization declared the worldwide outbreak of COVID-19 a pandemic, and on March 13, 2020, the U.S. President, Donald Trump, issued an emergency declaration for the country in response to the increasing number of COVID-19 cases with the United States, which is still in effect; and

WHEREAS, on March 13, 2020, Idaho Governor, Brad Little, signed a Declaration of Emergency for the state of Idaho, in response to concerns that cases of COVID-19 were imminent in Idaho; and

WHEREAS, on March 16, 2020, Boise City Mayor, Lauren McLean, declared a local disaster emergency in the City, in accordance with Idaho Code title 46, Chapter 10 (Disaster Preparedness Act), due to the threat that COVID-19 posed to the health and welfare of the City's residents; and

WHEREAS, on March 17, 2020, the Boise City Council ratified and extended the Declaration of Emergency; and

WHEREAS, on April 7, 2020, the Boise City Council adopted an ordinance enacting a new Boise City Code Title 1, Chapter 15, (Emergency Powers), which set forth the authority, purpose, and intent of the adopted emergency powers to address the threat of COVID-19; and

WHEREAS, beginning on March 25, 2020, Governor Little, by way of the Idaho Department of Health and Welfare Orders of the Director, issued the first of multiple statewide orders to protect the health, safety, and welfare of the citizens of Idaho; and

WHEREAS, on April 30, 2020, Governor Little and Idaho Department of Health and Welfare ("Dept. of Health and Welfare") Director, Dave Jeppesen, issued the "Stay Healthy Order" effective as of 12:00 a.m. May 1, 2020, implementing Stage 1 of the Governor's Idaho Rebound plan, and which can be found on the website: rebound.idaho.gov. The Stay Healthy Order included a four-stage plan to reopen Idaho and its economy, based on specific criteria being met before Idaho advances to the next stage of reopening. The Idaho Division of Public Health and the Governor's Coronavirus Working Group review the criteria every two weeks to assess the criteria and determine whether the state should move forward, remain in, or move back a stage; and

WHEREAS, on May 16, 2020, Governor Little and Dept. of Health and Welfare Director Jeppesen, issued the "Stay Healthy Order" implementing Stage 2 of the Governor's Idaho Rebound plan, and which can be found on the website: rebound.idaho.gov, which continued to provide restrictions and guidelines for businesses to adhere to social distancing and sanitation requirements; and

WHEREAS, on May 30, 2020, Governor Little and Dept. of Health and Welfare Director, Dave Jeppesen, issued the "Stay Healthy Order," implementing Stage 3 of the Governor's Idaho Rebound plan, and which can be found on the website: rebound.idaho.gov, which continues to provide restrictions and guidelines for businesses to adhere to social distancing and sanitation requirements; and

WHEREAS, on June 11, 2020, Governor Little and Dept. of Health and Welfare Director, Jeppesen, issued the "Stay Healthy Order," implementing Stage 4 of the Governor's Idaho Rebound plan, and which can be found on the website: rebound.idaho.gov, which continues to provide restrictions and guidelines for businesses to adhere to social distancing and sanitation requirements; and

WHEREAS, the Department of Health and Human Services, Centers for Disease Control and Prevention ("CDC"), and the White House recommend practices to prevent the person-to-person spread of COVID-19, including, social distancing and wearing face masks in public settings; and

WHEREAS, on June 22, 2020, Central District Health ("CDH") Director, Russ Duke, issued an order regarding quarantine and restrictions, which was reissued on June 26, 2020, with minor amendments; and

WHEREAS, as of June 22, 2020, test results at both City wastewater treatment facilities showed an increased presence of SARS-CoV-2 virus in the wastewater units per liter; and

WHEREAS, on June 23, 2020, Mayor McLean issued Public Health Emergency Order No. 20-09, (Closure of Bars, Group Size Limitation; and Airport and Public Meeting Restrictions), which was later amended and reissued on June 25, 2020 ("Amended Emergency Order 20-09), to provide clarity regarding which entities were required to close, and regarding new public meeting requirements; and

WHEREAS, on July 4, 2020, Mayor McLean issued Public Health Emergency Order No. 20-10, requiring face coverings to be worn in public within the City; and

WHEREAS, on July 14, 2020, CDH issued an order which requires face coverings to be worn in all public places in Ada County when others are present and six feet physical distancing cannot be maintained; and

WHEREAS, as of July 15, 2020, CDH has reported a significant daily increasing in number of confirmed COVID-19 cases in Ada County, thereby indicating significant person-to-person community spread; and

WHEREAS, on October 9, 2020, Mayor McLean issued Reissued Public Health Emergency Order No. 20-12a, which repealed and replaced prior orders, and which among other requirements, continued to order bars closed, bike bars closed, face coverings to be worn in public, and social distancing; and

WHEREAS, on May 19, 2020, Boise City Council adopted Resolution No. 202-20, which resolved that the City would work with other community stakeholders and governmental agencies to seek opportunities to allow private businesses to use public rights-of-way as part of their business premises and directed City staff to review licensing and permitting requirements for use of such public spaces to determine which requirements may be dispensed with temporarily; and

WHEREAS, under Idaho Code section 50-301, the City has the authority to exercise all powers and perform all functions of local self-government in city affairs that are not in conflict with the general laws or the constitution of the state of Idaho; and

WHEREAS, under Idaho Code section 50-302, the City is empowered to make all such ordinances, bylaws, rules, regulations, and resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers in this act granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and

WHEREAS, under Idaho Code section 50-903, the City is empowered to revise and codify ordinances of a general and permanent nature and to make such changes, alterations, modifications, additions, and substitutions therein as the City deems best; and

WHEREAS, the Mayor and City Council recognize that these small businesses are of vital importance to our economy and our recovery efforts, and they are essential to safely and successfully reopen our City; and

WHEREAS, the Mayor and City Council of the City of Boise recognize that local businesses, particularly bars and restaurants, have suffered due to the effects of the COVID-19 pandemic, which required many of them to cease all in-person operations, including in-person dining service; and

WHEREAS, Boise and other cities throughout the country are exploring avenues to temporarily permit businesses to increase their outdoor footprint to safely accommodate customers and to adequately protect their workforce while maintaining physical and social distance, and while remaining in compliance with federal, state and local laws; and

WHEREAS, due to the COVID-19 pandemic, many individuals have stayed at home, and numerous businesses have encouraged telework, which has resulted in a decrease in motorized traffic on our public streets;

WHEREAS, the Idaho State Police, Alcohol Beverage Control Unit has authorized Cities to expand the licensed area of eating and drinking establishments that serve alcohol beverages on a temporary basis to address the requirements and guidelines of the Stay Healthy Order; and

WHEREAS, the City would like to support small businesses past December 31, 2020, which will likely continue to be negatively affected by the COVID-19 pandemic throughout 2021.

THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:

Section 1. That Boise City Code Title 1, Chapter 16, Section 5(A)(5) shall be, and hereby is, amended to read as follows:

5. B.C.C. section 3-4-6(D)(7)(b), requiring denial of a permit application unless: "7. An applicant proposing to offer alcoholic beverages: b. The boundaries of the sidewalk café are proposed to be identified by the placement of one or more continuous physical barriers with a minimum height of three feet (3') and that meet specified criteria, access of the public to and from the area in which alcoholic beverages are consumed is through the retail establishment abutting or contiguous to the sidewalk café, unless by special use agreement to allow ingress and egress from the designed sidewalk café area.” … in which alcoholic beverages are consumed is through the retail establishment abutting or contiguous to the sidewalk café." Under the authority granted by this chapter, the City Clerk's Office may grant a temporary sidewalk café permit or a temporary amendment to an existing sidewalk café permit to allow for the use of nonabutting sidewalk café space. Additionally, the City Clerk's Office may approve water-filled physical barriers with a height of thirty-two inches (32”) rather than the minimum required three feet (3').

Section 2. That Boise City Code Title 1, Chapter 16, Section 9 shall be, and hereby is, amended to read as follows:

1-16-9: SUNSET PROVISION:

The special exceptions provisions provided in this chapter shall expire automatically on December 31, 20202021, unless terminated, modified, or extended by ordinance before that date.

Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect immediately upon its passage, approval and publication.