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Committee withdraws resolution to amend sidewalk café rules; staff to refile as ordinance

5398132 · July 10, 2025
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Summary

A resolution to amend the Metropolitan Code’s sidewalk cafe dining rules was withdrawn after committee members and staff concluded such a code change cannot be made by resolution; the item is expected to be refiled as an ordinance.

The Government Operations & Regulations Committee withdrew a resolution that would have amended a subsection of the Metropolitan Code of Laws related to sidewalk café dining rules and regulations.

The item (RS 20 25 13 51) was brought up for consideration but members and staff noted the change to the code cannot be accomplished by resolution. An unidentified speaker observed, “This one must come back as an ordinance. We're trying to amend it by resolution as the code says, but apparently, the charter and state law both say you can't move the code by resolution.” A motion to withdraw the resolution was made and seconded during the meeting; committee discussion recorded that staff would refile the proposal as an ordinance in the near future.

Committee members asked whether a formal vote was required to withdraw; staff clarified a cosponsor may withdraw and that withdrawal does not require a formal roll-call vote in the recorded exchange. The transcript indicates the withdrawal will be followed by a refiling as an ordinance, but no new ordinance text or timeline was provided on the record.