ORDINANCE NO. 8780
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER VI OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO, REGARDING SIDEWALK DINING AND HOSPITALITY LICENSES.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Section 6-1202.1 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is amended to read as follows:
6-1202.1 The
proposed sidewalk hospitality use shall be pursuant to the written permission
of the record and equitable property owner for the applicant hospitality
establishment. Further, the applicant for any new or renewal license
shall submit a written statement from each adjoining property owner, and any
tenant of each adjoining property expressing a lack of objection to the
proposed sidewalk hospitality use. In the event that an adjoining property
owner or the tenant of an adjoining property fails or refuses to sign such a
written statement, or upon the request of the City Commission, a public hearing
will be held by the City Commission to determine whether to grant the license.
At such hearing, the City Commission will hear such testimony and receive such
evidence as is necessary for it to determine whether it is within the public’s
interest to approve such use and shall make findings of fact sufficient to
support its decision. The applicant and all adjoining property owners shall be
provided written notice of the date and time of such hearing at least ten days
prior to its occurrence. Notice shall be provided by first class mail or
delivered in another manner that is reasonably calculated to cause such notice
to come to the attention of its intended recipient. In the case of mailed
notice, the notice shall be deemed to be effective at the time that it is
mailed.
Section 2. Section 6-1202.4 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is amended to read as follows:
6-1202.4 The
City Commission may grant permission for the licensee to serve, and patrons of
the licensee to possess and consume alcoholic liquor and/or cereal malt
beverages on the sidewalk, pursuant to Chapter 4 of the City Code. The
licensee shall pay for the publication costs of an ordinance granting exemption
for the possession and consumption of alcoholic liquor on City right-of-way.
The licensee shall comply with all state and City laws pertaining to the sale
of alcoholic liquor and cereal malt beverages. If food is served by a licensee
anywhere on its premises, then, as a condition of licensure, food service must
also be available in the sidewalk hospitality area during the same times and at
the same prices as food is available inside the establishment.
Section 3. Section 6-1202.9 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended and shall read as follows:
6-1202.9
The applicant shall annually pay a fee for the use of the sidewalk
which shall be $3.50 per square foot per year. The fee shall be paid at the
time of license issuance, and on the annual anniversary renewal
thereof. The fee shall be considered as a lease payment for the commercial use
of the sidewalk. If annual renewal payment is received after November 15, a
10% late fee shall be charged in addition to the annual fee. Fees shall be
non-refundable and not prorated for partial year licenses.
Section 4. Section 6-1202.11 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is amended to read as follows:
6-1202.11
(A) Insurance. The licensee shall
carry an insurance policy issued by a company licensed to issue insurance in
the State of Kansas, insuring the licensee, and the City of Lawrence as an
additionally named insured, in an amount not less than $500,000 per single
incident, for any liability associated with the failure of the licensee, its
employees, agents, servants, invitees, and patrons to exercise due care and
diligence in the use of the sidewalk. The licensee shall provide the City
with a certificate of insurance on a standard ACORD form, or a substantially
similar form approved by the City Clerk or his or her designee, establishing
the licensee maintains currently active insurance. The certificate of
insurance shall require the insurance carrier to notify the City at least
thirty (30) days prior to any change in terms and conditions of the policy,
including cancellation for any reason, and prior to expiration of the policy
term.
Section 5. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
Section 6. Repeal of Prior Law. Sections 6-1202.1, 6-1202.4, 6-1202.9 and 6-1202.11 are hereby repealed, it being the intent to supersede the same with the provisions of this ordinance. It is further the intent of the Governing Body that the amendments above only apply to the discretely numbered sections of the Code of the City of Lawrence specifically listed above. No other discretely numbered sections are modified by this ordinance.
Section 7. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.
ADOPTED this _______ day of __________________, 2012.
APPROVED:
_____________________________
Robert J. Schumm, Mayor
ATTEST:
__________________________________
Jonathan M. Douglass, City Clerk
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Toni R. Wheeler
City Attorney
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.