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RESOLUTION NO. 2017 - 17 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, TO ALLOW FOR THE TEMPORARY EXPANSION OF SIDEWALK CAFES IN DOWNTOWN MOSCOW UNDER SPECIFIC REGULATIONS AND UNDER LIMITED CONDITIONS PURSUANT TO MOSCOW CITY CODE § 9-12-6(D); PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL ACCORDING TO LAW. WHEREAS, Moscow City Code § 9-12-6(D) limits the licensed area of a Sidewalk Cafe to no more than fifty percent (50%) of the unobstructed portion of the abutting sidewalk to the business; and WHEREAS, the City of Moscow and the Moscow Chamber of Commerce are sponsoring the Vandal Town Block Party September 8, 2017 in downtown Moscow; and WHEREAS, Vandal Town Block Party is an event promoting the close connections between the University ofldaho, Moscow Chamber of Commerce, and the City of Moscow; and WHEREAS, Council wishes to encourage and promote downtown businesses during the event; and WHEREAS, Council wishes to allow licensed Sidewalk Cafes to expand their operations during the event with any and all required permits as prescribed by law; and WHEREAS, Council believes the regulations contained herein are appropriate; and WHEREAS, Council believes the specific regulations herein balance the health and safety concerns of citizens with the desire to promote downtown businesses; and WHEREAS, nothing contained within this Resolution is intended to waive other laws and regulations applicable to Sidewalk Cafes; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: Specific regulations for the expansion of Sidewalk Cafes during Vandal Town Block Party September 8, 201 7. Intent: This Resolution is intended to allow the expansion of Sidewalk Cafe operations pursuant to these specific regulations and is not intended to amend or expand the Moscow City Code or any other applicable law or regulation beyond the scope of the particulars of this Resolution or beyond the day of this event. RESOLUTION 2017 - 17 SIDEWALK CAFE AMENDMENT PAGE I OF2 ---PAGE BREAK--- This Resolution is not a waiver of any State, County, or local requirement of a permit or licensure related to sales and/or distribution of alcohol including a requirement for a catering permit. This Resolution shall not establish precedent nor shall it apply to any event other than the permitted event held on the gth day of September, 2017. Conditions of Sidewalk Cafe License: 1. A licensed Sidewalk Cafe operator, with written permission from an abutting business operator and if said establishment serving alcohol obtains a proper catering permit, may expand the Sidewalk Cafe operation to include the unobstructed portion of the abutting sidewalk in front of the neighboring business up to, but not including, the doorway to the neighboring business; 2. Any Sidewalk Cafe wishing to expand its Sidewalk Cafe business during the event shall be required to file an amended Sidewalk Cafe Licensed Area Diagram to the City Clerk along with the written permission from the neighboring business allowing the extension of the area in front of the neighboring business; 3. Any Sidewalk Cafe establishment permitted to serve alcohol shall apply for and pay for a catering permit with the City of Moscow in accordance with state Alcohol Regulations; 4. Any Sidewalk Cafe establishment permitted to serve alcohol shall provide delineation of the Licensed Area, consisting of a non-permanent physical barrier such as a railing, potted plants, decorative chain, fence, rope or other physical barrier, as required and approved by the City; and 5. Failure to comply with this Resolution shall expose any such person to all relevant civil and criminal consequences and may result in denial of subsequent applications for permits for a period of no less than five years. This Resolution shall become effective as of the 21st day of August, 2017. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 21st day of August, 2017. RESOLUTION 2017 - 17 SIDEWALK CAFE AMENDMENT PAGE20F2