Crush Wine Bar withdraws request to extend premises into Lot 3 for Friday Night Live setup

Crush Wine Bar withdrew an application to extend its licensed premises into Municipal Lot 3 for Friday Night Live after the committee said the extension requires a street-closure (right-of-way) and special event permit and recommended applying the same time limits that govern street closures.

Paul, representing Crush Wine Bar, told the committee he needs to begin setup at 6:00 a.m. to erect three 10-by-20 tents, four additional tents, nine tables, fifty chairs, fencing and stage equipment. He said the physical setup takes more than two hours for one person and that he has been blocked from setting up on three prior occasions when cars with permits occupied those parking spots. Paul offered to pay fines rather than forgo early access, saying, "I'd gladly pay the $20 fine for each of those 3 parking spots every week to be able to set up at 6 in the morning. I'll pay $60 per week if that's what you want."

Brian, from the city attorney's office, told the committee that an extension of licensed premises onto Lot 3 is governed by the municipal code and requires a closure permit (right-of-way closure) and a special event permit for Municipal Lot 3. He cited section 9.115 and subsection 6(d) of the municipal code as the controlling provisions and advised the committee that, if a closure permit is issued, the same tow-away and no-parking rules that apply to street closures would apply to the lot. Brian recommended applying the same start times used for street closures rather than allowing a 6:00 a.m. closure for this lot.

Committee members raised safety and parking concerns. Dan noted his concern about portable stages in a parking lot that is not closed and cautioned against creating precedent that would allow multiple businesses to take parking for performance venues, saying he supported the application for now but not necessarily permanently. Other members asked whether a Friday Night Live application and map had ever included Lot 3; committee staff and the clerk indicated the permit language described streets but a map included an arrow that could be interpreted to include the rear area where Crush's stage would be.

Paul told the committee he could not complete his required setup under the time limits discussed and said he would move his musicians inside that night. He characterized the change in enforcement or interpretation as disruptive after six years of operating under prior practices and, after committee discussion, said he was withdrawing the application because he cannot comply with the revised time limits. The committee did not vote on the extension after Paul withdrew; staff told him to resubmit if a separate closure or special event permit for Lot 3 is filed.

The committee advised that, to extend licensed premises into Lot 3 for a Friday Night Live event, an applicant must obtain a right-of-way closure permit and a special event permit covering the specific lot area and that safety and buffer conditions could be imposed in those permits.