46-20 - ALCOHOL LICENSED PREMISES

Ordinance NO. ORD-46-20

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

AN ORDINANCE AMENDING BOISE CITY CODE TITLE 1, CHAPTER 16,TO ALLOW FOR THE INCLUSION OF TEMPORARY EXPANSIONS OF ALCOHOL LICENSED PREMISES TO BE INCLUDED ON LICENSE RENEWAL APPLICATIONS AS DIRECTED BY ABC; TO CLARIFY THE CITY'S AUTHORIZATION TO TEMPORARILY EXPAND ALCOHOL LICENSEPREMISES SHALL END AT THE SUNSET DATE OR UPON NOTIFICATION FROM ABC, WHICHEVER COMES FIRST; TO EXTEND THE AUTOMATIC SUNSETPROVISION TO APRIL30, 2022; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City strives to support eatingand drinking establishments that have been negatively impacted by COVID-19 emergency guidelines and public health orders mandating social distancing;

WHEREAS, the Idaho State Police, Alcohol BeverageControl Unit has authorized the Cityto allow alcohollicensed businesses within the City'slimits to temporarily expand their licensed premisesinto public rights-of-way that are abuttingand nonabutting to the business' building during the on-going pandemic crisis;

WHEREAS, the City'spermitting of temporarily expanded alcohol premiseshas been well-received by the food and beverage industry;

WHEREAS, the COVID-19 emergency guidelines and public health orders continue to require social distancing that results in reduced patron seating in food and beverage businesses;

and


WHEREAS, the state of Idaho renews all state-issued alcohol licenses annually in April;

WHEREAS,the City would like to continueto support food and beveragebusinesses and align its temporary permitting of expanded alcohol licensed premises with the state's alcohol license renewal process.

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 6, Subsection A, shall

be, and hereby is, amended to read as follows:

A. Authority: Subject to the authority granted to the City Clerk's Office by this temporary, emergency ordinance, B.C.C. section 3-3-9 shall be temporarily amended during the term of this chapter to add the following language at the current end of this section:

"Notwithstanding any language to the contrary, all applications for a renewal of an alcoholic beverage license, and continuation of such license pending City Clerk action on the renewal application, shall not include any temporary amendments to that existing license granted under this chapter, except as may be directedby the Idaho State Police, Alcohol Beverage ControlBureau."

Section 2. That Boise City Code Title 1, Chapter 16, Section 6, Subsection B, shall be, and hereby is, amended to read as follows:

B. All City-granted temporary amendments to existing licensed premises are made with the permission of the Idaho State Police,Alcohol Beverage ControlBureau ("A.B.C."). The City Clerk's Office is temporarily authorized by A.B.C. to grant temporary, noncontiguous expansions to existinglicensed alcohol premiseswithin the City. The City'sauthorization, as grantedby A.B.C., to allow noncontiguous patio space to be temporarily included as part of an alcohol licensed premises shall end at the sunset date set forth in this Chapter or upon further notice to the City by A.B.C., whichever comes first.

Section 3. That Boise City Code Title 1, Chapter 16, Section 8, Subsection C, shall be, and hereby is, amended to read as follows:

C. Temporary Amendment to Permit and License: An application to expand an existing sidewalk café permit and premises of an alcohol licensed premises granted under the provisions of this chapter, shall be reflected as a temporary amendment to such permit and license. All granted temporary sidewalk café permits or temporary amendments to existing sidewalkcafé permits and alcohol licenses shall expire automatically on December 31, 2020 April 30, 2022, or sooner by ordinance.

Section 4. 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 April 30,2022, December 31, 2021,unless terminated, modified, or extended by ordinance before that date.

Section 5. That this Ordinance shall be in effect immediately upon its passage, approval, and publication.

APPROVED:

Lauren McLean, Mayor

ATTEST:

Lynda Lowry, Ex-Officio City Clerk

ADOPTED by the Council of Boise City, Idaho, on December 1, 2020. APPROVED by the Mayor of the Boise City, Idaho, on December 1, 2020.

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