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Sherry Morris Bill Reynolds; John Asmar Rita R. Lee; Stephanie Tillery FW: Online research with limited time Tuesday, June 12, 2012 11:15:09 AM High

Is there a position from the administration that you would like me to relay to Planning Board re: the issue below? The code he is referencing in West Palm Beach has specific standards for sidewalk cafes, which does specify food service, but I am not sure that they prohibit outdoor seating for establishments that do not serve food (I am researching their code now). I am in the process of drafting guidelines to take to Planning Board & Council for consideration that would codify design standards for approval and transition outdoor dining/sidewalk cafes to an administrative approval process for use of the right of way. THAT being said, we currently have nothing in the Land Development Code or alcoholic beverage ordinance that prohibits outdoor seating for establishments that do not serve food. We have had approvals in the past for Will Call, Blazzue's and Intermission (additionally, Hopjacks, while they do serve food, does not have a special restaurant alcoholic beverage license, they have a quota 4COP license---they use their outdoor seating area for patrons that wish to smoke outside and do serve food and alcohol, but we do not require that the patrons sitting outside must be consuming/ordering food). This particular request for a license to use from O'Riley's was sent to me by Bill Weeks during the permitting process, due to the fact that they needed permission to have their egress doors swing outward over the right of way, and were wishing to install planters as well to help reduce any conflicts with pedestrians that the outswinging doors might create. We approved a similar request for doors across the street at Jackson's several years ago that allows for outswinging doors in addition to outside dining. If we wish to consider restricting outdoor seating that does not include food service, then I can advise Planning Board that they can evaluate the independent components they are requesting to install in the right of way individually and recommend that City Council approve some, all or none of them. The entirety of the South Palafox corridor between Garden Street on the north and Main Street on the south, is considered a Historic Theme Area per the City's Land Development Code. This is not specific to the area south of Government, as the theme area includes a much larger portion of the corridor. Worth noting as well, it is my understanding in speaking with Ryan, that World of Beer intends to request a license to use for outdoor seating (just as Blazzue's did previously when they were at the same location), so a decision to restrict outdoor seating to establishments serving food would impact that subsequent request if they decide to submit it for approval. Planning Board meets at 3:00 today. If you'd like to meet prior and discuss this issue please let me know. Thanks. -----Original Message----From: Brian Spencer [mailto:brian@smp-arch.com] Sent: Tuesday, June 12, 2012 5:54 AM To: Sherry Morris; A shton Hayward; Ryan Winterberg-Lipp Cc: Deborah Dunlap; Charles Tessier; Brian J. Hooper; Clay Roesch Subject: Online research with limited time I sent the link that provided the suggestion to use online mini code to see regulations for sidewalk cafe regulations (definitions, revocations etc) in West Palm Beach, particularly Clematis Ave. I do not know if Deborah or others can help if they are not subscribers to MuniPRO, so I am seeking Mayor Hayward's attention and authorization to direct staff to use their resources such as access to International City/County Management Association (ICMA) information ... My discretionary time allocation prior to the meeting today is limited. I appreciate the help. In my early morning reading, I saw references to sidewalk dining cafes, etc. and the different applications for cultural districts.

My contention is that south of Government St is a different, culturally rich district with Pens Museum of Art, Pens Cultural Center, TT Wentworth Museum, Quayside, historic Plaza Ferdinand. Brian Spencer / iPad