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Legal counsel: ABCA allows floor-plan extensions but municipal approval is required
Summary
City legal counsel told the committee the ABCA (state alcohol regulator) allows licensees to extend their floor plan for outdoor dining, provided the municipality signs off and the outdoor area is legally demarcated and under the licensee's control. The council agreed to seek a formal ABCA interpretation before proceeding.
Stephanie, the city’s legal counsel, summarized ABCA advisory language and licensing practicalities: any current licensee may apply for a floor-plan extension to include outdoor street dining, but the municipality must first approve the proposed demarcated area. "They have to submit their revised 4 point floor plan, and then they submit the application," she said in explaining the sequence.
Stephanie also told the committee that the agency’s advisory materials sometimes suggest street closures for events, but the underlying ABCA legislative rules she reviewed did not require municipalities to close a street in all cases. She recommended the city request an ABCA interpretation to confirm which provisions apply to continuous daily outdoor dining versus festival or POTA events.
