Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Outdoor Dining topic
No spam. Unsubscribe anytime.
Committee refers proposed downtown outdoor dining ordinance to City Council after staff and legal tweaks
Summary
The Public Works Committee voted July 5 to refer a draft outdoor dining ordinance for the central business district to full City Council after Development Director Rickie Yeager presented design guidelines, a 36-inch barrier requirement and the West Virginia Alcohol Beverage Control Commissions (WVABCC) guidance limiting activity in the right-of-way to non-intoxicating beer.
The Public Works Committee of City Council voted unanimously July 5 to send a proposed outdoor dining ordinance for the central business district to full City Council after staff and the city attorney proposed clarifications to the draft.
Development Director Rickie Yeager told the committee the program is intended to help revitalize downtown by allowing merchants to provide food and beverage service outside and to "have constant energy on the street." Yeager presented maps and a model from Charleston and said the program would be administered by the Development office with Fire Department involvement. "We want them to be different, whatever they can afford," he said of potential barrier styles.
City Planner Sam Tuten said Charleston is the only other West Virginia city with an outdoor dining ordinance; Tuten and Yeager said the West Virginia Alcohol Beverage Control Commission (WVABCC) indicated that only non-intoxicating beer would be permitted in the public right-of-way under the draft. The proposal calls for a 36-inch barrier height and requires operators to provide insurance and comply with design guidelines; temporary planters or artificial plants are allowed in barriers but beer advertising would not be permitted.
Committee members raised accessibility and congestion concerns. Councilman Eric Barber asked about ADA clearances during events; Yeager said the ordinance provides a 36-inch minimum passage and permits would be adjudicated on a case-by-case basis. Councilman JR Carpenter, who owns a restaurant on Market Street, said winter bricks can be treacherous and asked about fees; Yeager said small encroachments within 2 1/2 feet could qualify for a waiver of permit fees, while larger uses would incur charges. Dan Curtis, speaking for a downtown brewery, asked whether the 36-inch measurement must include any weighted base on temporary barriers.
City Attorney Joe Santer suggested textual edits to multiple subsections of Article 1367 (including 1367.06(a), 1367.06(c), 1367.07(d), 1367.07(g), 1367.09(b)(2) and 1367.10) to tighten permit language and add a clause giving the City "absolute discretion" in specified circumstances. Councilman Eric Barber moved, seconded by Councilman Dave McCrady, to refer the ordinance to City Council as amended; the motion was adopted by unanimous vote. The committee adjourned at 6:00 PM.
The referral sends the draft and the proposed text clarifications to the full City Council for formal consideration and any further amendments.
