1-8-1: TEMPORARY SUSPENSION OF APPLICABLE ZONING REGULATIONS RELATING TO OUTDOOR DINING; TEMPORARY ADMINISTRATIVE WAIVER OF EXPANSION OF ON-SALE LIQUOR LICENSE SALES DURING THE COVID-19 PUBLIC HEALTH EMERGENCY:
   A.   Purpose. This interim ordinance establishing a temporary suspension of applicable zoning regulations relating to outdoor dining is intended to assist businesses that have been impacted by the temporary business closures relating to COVID-19 pandemic. Minnesota Governor Walz issued Executive Order 20-01 declaring an emergency due to the COVID-19 pandemic, which has been extended by Executive Orders 20-35, 20-53 and 20-56 (collectively, the "Governor's Orders"). The City Council declared a local emergency due to COVID-19 pandemic on March 30, 2020 by adopting Proclamation No. 2020-01. The Governor's Orders have prohibited sit-down, dine-in service at restaurants, which has threatened the economic health of many hospitality businesses and the vitality of Albertville's businesses. Executive Order No. 20-56 outlines plans for bars and restaurants to open on June 1, 2020, for outdoor service so long as certain conditions, including social distancing, are maintained to prevent the spread of COVID-19. The city administers zoning within the city and may regulate land use as part of the city's zoning authority. Minnesota Statute § 462.355, Subd. 4, provides the city with authority to adopt an interim ordinance to temporarily regulate activity. Under the current city Zoning Code, parking signage, and other standards are imposed based upon characteristics of the use. Reduced occupancy capacities will result in excess parking supplies under the city Zoning Code. The city wishes to provide dining establishments with added flexibility to establish temporary outside seating in available parking areas, sidewalks or other adjacent open spaces. The city will examine the effects of additional outdoor dining and modified parking supplies as a goal of this Interim Ordinance. The temporary expansion of outdoor dining has the potential to create impacts on circulation and traffic, firefighting, alcohol sales and consumption, and various other areas of local regulation. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City until such a study has been completed.
   B.   Scope of interim ordinance. The Interim Ordinance shall be applicable to all restaurants located in the Commercial and PUD zoning districts as well as licensees holding On-Sale Liquor Licenses. This Interim Ordinance temporarily suspends zoning regulations related to parking supply, temporary signage, and the need to seek zoning permits (such as variances or conditional use permits) for temporary outdoor dining areas, subject to the terms of this Interim Ordinance, and administrative regulations which the City finds necessary for the protection of public health, safety, and welfare.
   C.   Temporary outdoor dining permit. Temporary Outdoor Dining Permits ("TODP") to be granted allowing expansion of outdoor dining onto sidewalks and/or parking lots. Business owners and licensees holding on-sale liquor licenses may submit an application to the City which shall be accompanied with the following:
      1.   Site Plan showing the premises, including the location of the existing indoor facility, as well as the space proposed to be occupied by the temporary outdoor dining. The temporary outdoor dining area shall be physically enclosed with a temporary fence and if liquor is to be served or consumed in the outdoor dining area, such area must be contiguous to the building containing the indoor licensed facility. The location of the dining area shall not interfere with safe on-site traffic circulation.
      2.   Site Plan labeling shall illustrate table and seating areas, pedestrian access ways, staff access ways, wait stations, trash receptacles and other uses of the outdoor spaces. The pedestrian access ways shall be designed to be disability accessible.
      3.   Operations plan that describes the means of complying with the State of Minnesota guidelines for social distancing, dining area capacity, hours of operation, other safety and sanitation measures taken.
      4.   Seating capacity, in numbers of patrons that the TODP will serve, not to exceed fifty (50) people.
      5.   Structures, temporary or otherwise, proposed as a part of the TODP operation.
      6.    Barrier placement and materials.
      7.   Parking spaces remaining after establishment of the TODP that are typically available for use of the business.
      8.   Available disability parking locations, maintaining compliance with disability parking requirements of the State.
      9.   Location of building fire connection, and evidence of continued access.
      10.   Trash handling equipment and process.
      11.   Authorization from property owner, if different from business owner.
      12.   COVID-19 Preparedness Plan.
      13.   Representation that applicant intends to comply with Governor's Orders.
   D.   Procedure. The City Administrator or Administrator's designee shall review the application against the criteria of this section. If approved, the City, the City Administrator or Administrator's designee shall provide two (2) copies of the written TODP outlining conditions of approval. Said TODP shall be signed by both the City Administrator or Administrator's designee and the applicant as an understanding of approval. One (1) copy shall be given to the applicant and one (1) copy shall be kept on record at the city.
   E.   Denial. In the event the application fails to meet the purpose and intent or the performance standards of this section, the City Administrator or Administrator's designee shall provide the applicant a written notice of denial. The applicant may appeal any administrative denial to the City Council or pursue other available remedies through this Code.
   F.   Expanded liquor service area. The city may administratively approve a temporary expansion of liquor license to allow for an expanded liquor service area to on-site liquor license with an approved TODP consistent with the limits and terms of this Interim Ordinance.
   G.   Performance standards. The City Council authorizes the City Administrator to promulgate regulations for applications for TODP and operational requirements related to temporary outdoor dining areas authorized under this Interim Ordinance including but not limited to:
      1.   The regulations shall address alterations to the use of the subject properties, including the use of private parking spaces, green spaces, or other potential use areas, and the provision of support facilities that may be appropriate under the temporary conditions applying to the property.
      2.   The regulations shall address additional temporary signage to be allowed during the period this Interim Ordinance is in effect.
      3.   The regulations shall take into account other applicable codes and public health and safety considerations, including alcohol licensing, fire codes and protections, and other related building and zoning regulations.
      4.   The regulations may account for potential use of public spaces for Temporary Outdoor Dining Permits, including public parking lots, rights of way, and open spaces, and how the city may accommodate and regulate the private use of those spaces, if deemed reasonable and appropriate.
      5.   Except where specifically noted herein, this Interim Ordinance shall not be construed to waive or suspend any portions of the applicable Building, Electrical, Plumbing, Fire, or Liquor Sales ordinances currently in effect.
   H.   Process and Standards for review of a TODP application.
      1.   The applicant's request shall be consistent with the allowances and intent of the Governor's Orders.
      2.   The applicant shall provide evidence of continued firefighting access, and any requirements of State or local public safety recommendations.
      3.   Each TODP location shall be entitled to up to two additional temporary signs during the duration of the TODP, each sign to be located on the premises of the applicant, and up to 32 square feet in area.
      4.   Each TODP applicant shall cooperate with public safety officials in the application for said permit, and any modifications or changes recommended as a part of the Permit review process.
      5.   If the applicant for a TODP is seeking the use of public land, the city will balance the request against other competing uses, including other applicant requests, to ensure reasonable access to public and private facilities, public safety, and other public uses, including parking, open space, or public improvements. The city reserves the right to consider requests for public property use at its sole discretion and to require a lease for the use of such space.
      6.   The city will expedite review and consideration of each TODP application, understanding the nature of the current emergency, and the need for local businesses to recover economically as soon as possible.
   I.   Compliance with all other applicable laws. Any business in receipt of an approved TODP under this Interim Ordinance shall be separately responsible for obtaining any other permits or licenses necessary to legally operate said business as proposed, including liquor licensing, Health Department approvals, or any other approval.
   J.   Compliance with Governor's Orders. Business owners shall comply with the terms of the Governor's Orders, including, but not limited to, the following provisions:
      1.   Develop and implement a COVID-19 Preparedness Plan;
      2.   Open for outdoor dining or curbside pickup/delivery only.
      3.   Ensure at least 6 feet of distance with maximum on-premises capacity to no more than 50 persons.
      4.    Limit table service to 4 persons, or 6 if part of one family unit.
      5.    Require reservations; do not allow walk-in customers.
      6.   Require masks or face shields to be worn by workers and strongly recommend masks for all customers.
      7.   Establish regular disinfection routine and train workers.
   K.   Authority to amend regulations. The City Council retains the authority to modify or amend the TODP regulations as a matter of course as they pertain to properties in general, or on a case-by-case basis to ensure equitable application of the purposes of this Interim Ordinance.
   L.   Authority to amend TODP. The City Council shall have the authority to modify or amend any approved TODP to promote the public health, safety, and welfare, including termination of said TODP.
   M.   Authority to terminate TODP. The City Council shall have the authority to terminate this Interim Ordinance at any time and for any purpose, including changes to the State of Minnesota's Emergency Order.
   N.   Duration. This Interim Ordinance shall remain in effect until the adoption of the official controls contemplated herein or until further Executive Order from the Governor which will allow bars and restaurants to re-start indoor food and beverage services, whichever occurs first, after which occurrence this ordinance shall lapse, unless properly extended pursuant to state law.
(Ord. 2020-03, 6-1-2020)