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HomeMy Public PortalAbout040-2023 - Special DORA - Create Chapter 63 COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA ORDINANCE NO. 40-2023 A SPECIAL ORDINANCE CREATING CHAPTER 63 OF THE RICHMOND CITY CODE FOR THE 'ESTABLISHMENT OF DESIGNATED REFRESHMENT AREAS SUBJECT TO FINDINGS, REGULATIONS, AND GUIDELINES WHEREAS, In actordance with Indiana Code (IC) 36-1-3-1 et seq. ("Home Rule Act"), the City of Richmond, Indiana("City"), is a municipal unit which may exercise all powers granted to it by statute and any powers not expressly denied by the Indiana Constitution or by statue, and not expressly granted to another entity; and WHEREAS, The Home Rule Act permits the City to impose a license fee, service charge, or user fee provided that said fee is not greater than that reasonably related to either the administrative cost of exercising a regulatory power, or the reasonable and just rates and charges for services; and WHEREAS, IC 36-8-2-4 authorizes municipalities to regulate conduct which may endanger the pt tblic health, safety, or welfare, and IC 36-4-6-18 authorizes the Common Council ("Council") of the City to pass such ordinances as may be necessary and proper for the City to fulfill and satisfy the responsibilities and duties of the City; and WHEREAS, IC 36-9-6-1. et seq. authorizes the City through its public works and safety board to supervise various areas of public property including, but not limited to, public ways, streets, and alleys; and WHEREAS, A new Indiana legislative chapter was recently passed by the State of Indiana as IC 7.1-3-31-I et seq. ("DORA Act") which authorizes the City of Richmond, Indiana ("City") to establish not more than seven (7) refreshment areas under the State's Designated Refreshment Area Chapter, provided, among other things, the City adopts an ordinance with certain findings and provisions adhering to said DORA Act; and Page I of I 3 WHEREAS, Any of the designated refreshment area(s) designated by this establishing ordinance would be referred to as "Designated Outdoor Refreshment Area" (hereinafter "DORA") and must also be subject to the Indiana Restrictions on. Issuance of Permits for Premise Located Near Wall of Church or School xs specifically set forth in IC 7.1-3-21-11 as required by the above-described DORA Act; and WHEREAS, The DORA Act authorizes licensed retailer permittees to apply for designation with both the Indiana Alcohol and Tobacco Commission and the City in order for the potential permittees to be considered for participation in any designated refreshment area(s) established within the City; and WHEREAS, In the event the City opts to approve and pass any future ordinance(s) designating either an area or several areas in compliance with the DORA Act, the area and/or areas along with any permittees approved by both the Indiana Alcohol and Tobacco Commission and the City, are and shall be subject to a new Chapter 63 of the Richmond City Code which shall include and incorporate the findings required by the DORA Act, along with other provisions adhering to the DORA. Act, the Home Rule Act, and any other reasonable or constitutional provisions incorporated into said new Chapter 63; and WHEREAS, Each DORA is, or shall be, consistent with the City's Unified Development Ordinance ("UDO") and in the event the City opts to approve and pass any future ordinance(s) designating either an area or several areas in compliance with the DORA Act, the area and/or areas along with any permittees approvc1.1 by both the Indiana Alcohol and Tobacco Commission and the City, are, shall also he required to be in compliance with and consistent with the City's UDO; and WHEREAS, This establishing ordinance and the new Chapter 63 shall have no effect upoe any other section of the Richmond City Code or ordinances (including, but not limited prior Ordinance No. 59-2010 and its subsequent amendments) not specifically changed by this Ordinance, except as herein provided, and all other sections of the Richmond City Code not inconsistent herewith shall remain the same; and Page 2 of 1.3 WHEREAS, In order to support investment, growth, walkability, vendor flexibility, recrc-ation, patrons, economic boost, customer spending, overall revenue, collaboration, and downtown vitality, it would be in the best interest of the citizens of the City to establish a new Chapter 63 to incorporate the DORA Act into the Richmond City Code and to include additional provisions in compliance with the Home Rule Act to establish an administrative service charge, and include other requirements reasonably necessary to promote health, safety, and welfare connected with responsible designation of said DORA permittees. NOW THEREFORE. BE IT ORDAINED BY THE, COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, that the above preambles to this establishing ordinance are incorporated as finings into this ordinance and into a new Chapter 63. NOW, THEREFORE, BE IT ALSO ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, that the boundaries of an approved DORA shall he attached to every subsequent DORA designation ordinance, along with a list of proposed permittees and vendors, signage/decal examples, DORA. container and logo examples. NOW THEREFORE, BE IT ALSO ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, that this Ordinance shall have no effect upon any other section of the Richmond City Code or ordinances (including, but not limited prior Ordinance No. 59-2010) not specifically changed by this Ordinance, except as herein provided, and all other sections of the Richmond City Code not inconsistent herewith shall remain the same. NOW THEREFORE, BE IT ALSO ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, that if any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then. said holding shall in no way effect the validity of the remaining portions of this Ordinance. NOW, THEREFORE, BE IT ALSO ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, that this Ordinance shall be in full force and effect from and after its passage and adoption by the Common Council of the City of Richmond, Indiana. Page 3 of I 3 NOW, THEREFORE, BE IT ALSO ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, that a new Chapter 63 of the Richmond City Code within the Economic Development Title (Title VI - Economic Development) is enacted as follows: CHAPTER 63: DESIGNATED OUTDOOR REFRESHMENT AREAS SECTION 63.01. Definitions 63.02 Effect of Chapter 63.03 Application of State and Local Laws 63.04 Insurance and Public Liability 63.05 DORA.Regulations 63.98 Unconstitutionality Clause 63.99 Penalty 63.01 DEFINITIONS The definitions and restrictions set forth in Section 63.01 may apply throughout Chapter 63 except where context indicates otherwise, in which case the words or phrases shall be construed to be the common usage of the English language. Any legal or technical words not defined in this Chapter shall he construed to be as defined by appropriate lexicon or current and common dictionary. The following definitions shall also apply: 1.. "CRAFT MANUEACURER" - shall be defined herein as set forth in IC 7.1-3-31-1 et seq. as amended. 2. "DESIGNATED PERMITTEE" - shall be defined herein as set forth in IC 7.1-3-.31-1. et seq. as amended. 3. "REFRESHMENT AREA" - shall be defined herein as set forth in IC 7.1-3-31-1 et seq. as amended. 4. "VENDOR" - shall be defined herein as set forth in IC 7.1-3-31-1 et seq. as amended. ['ay.4 t)f 13 63.02 EFFECT OF CHAPTER 1.. This Chapter is applicable to applicants, vendors, potential vendors, who wish to participate in any Designated Outdoor Refreshment Area ("DORA") established by the City of Richmond, Indiana ("City") and any person(s) who consume or wish to consume refreshments within an outdoor refreshment area. 2. A person, sole proprietor, partnership, company, corporation, applicant, vendor, restaurant, establishment, or venue wishing to participate in any DOR.A established by the City shall abide by the following: 7.1-3-31-1 et seq. ("DOR.A Act") as amended; and b. IC 7.1-3-21-11 as the Indiana Restrictions on Issuance of Permits for Premise Located Near Wall of Church or School; and c. Richmond City Code Chapter 154 Unified Development Ordinance ("UDO"), and d. Richmond City Code Chapter 63. 3. It shall be unlawful fear any person, sole proprietor, partnership, company, corporation, applicant, vendor, restaurant, establishment, or venue to operate an Outdoor Refreshment Area unless the area is first registered as a DOR.A. with the City's Department of Infrastructure and Development. as provided in this Chapter. 63.03 APPLICATION OF STATE AND LOCAL LAWS 1. Any designated permittee shall follow any and all other applicable state and local laws and regulations not otherwise outlined herein, including, but not limited to, littering laws, noise nuisance laws, and alcoholic beverage consumptions laws. 2. Any person, sole proprietor, partnership, company, corporation, applicant, vendor, restaurant, establishment, or venue who violates any law, ordinance, rule of the Board of Public Works and Safety, or emergency orders issued by the City may he fined accordingly. In accordance with IC 7.1-3-31-11, the City's Common Council may adopt an ordinance dissolving a refreshment area at any time. Page 5 of 1.3 63.04 INSURAN€ AND PUBLIC LIABILITY 1. As a condition of registration and applicant approval by the City,the owner or operator of an establishment wishing to participate as a designated permittee shall furnish annual certificates of insurance to the Department of Infrastructure and Development naming the City as an additional insured. Each certificate of insurance posted in accordance with this Chapter shall in no event be less than two million dollars ($2,000,000.00) for death or injury of one (1) person, no less than five million dollars ($5,000,000.00) for total liability for death or personal injury arising out of any one (1) event, collision, or casualty, and no less than fifty thousand dollars ($50,000.00) for property damage. Each certificate of insurance or policy shall be conditioned substantially that the applicant shall indemnify and save harmless the City, its officers, agents, and employees, from any and all loss, costs, damages, or expenses, by reason of legal liability that may result from or arise out of the operation of DORA which a certificate is issued, and that the applicant shall pay any and all loss or damage that may be sustained by an individual that results from or arises out of the illegal or negligent operation of, maintenance of, or participation within the DORA. Said bond or policy of insurance shall be maintained in its original amount by the applicant at the applicant's expense at all times during the period fur which the registration is in effect for a given DORA. Any bond posted pursuant to this Chapter shall he accompanied by good and sufficient sureties approved by the City Controller's Office or the City's Law Department. 63.05 DORA REGULATIONS 1. The following regulations are intended to be in substantial compliance with IC 7.1-3- 31-1 et seq. which may be amended from time to time. 2. Upon the City's designation of a refreshment area under IC 7.1-3-31-1 et seq., a person may: a. exit the licensed premises of a designated pennittee with not more than two (2) open containers of an alcoholic beverage at a time; b. consume the alcoholic beverage(s) within the private property of the refreshment area(s); 3. The City may not establish more than seven (7) refreshment areas and at least one (1) designated permittm shall be established by the City for each DORA approved by the Indiana Alcohol and Tobacco Commission and the City. Page 6 of 13 4. To designate one (1) or more areas, the City's Common Council must adopt an ordinance that includes at least the following in each proposed designating ordinance for a proposed DORA.: a. A map of the refreshment area in sufficient detail to identify the area's boundaries; and b. The boundaries of the refreshment area, by street addresses, including street and/or block descriptions; and c. The locations of the proposed designated permittees and vendors within the refreshment area; and d. A statement confirming the refreshment area is consistent with the City's Unified Development Ordinance ("UDO"); and c. The number, spacing, and type of signage designating the refreshment area; and The dates and hours of operation for the refreshment area, which may not violate IC 7.1-3-1-1.4; and 5. The City may establish additional optional provisions regarding the operation of the refreshment areas which may include the following: a. The posing of signs by retailer permittees and other businesses within. the refreshment area that indicate whether the retailer perrnittee or business is participating in the refreshment area and whether an individual may enter with an open container of alcoholic beverage; or b. Requiring the designated permittees and vendors to use only non- breakable plastic bottles, plastic cups, or paper cups for alcoholic beverages consumed in the refreshment area; or c. Requiring the bottles or cups to be affixed with a logo that identifies the container for .use only in the refreshment area:Land in additiorb_a logo that identifies the identity of the pennittee; or Page 7 of 13 d. Providing a public safety plan for the refreshment area; or e. Providing a sanitation plan for the refreshment area. 6. Prior to any submission by the City to the Indiana Alcohol and Tobacco Commission, the City, by and through its Department of Infrastructure and Development and/or Zoning Administrator, shall collect the below-described application processing fee and shall review all applications for completion, accuracy, proper execution, and inclusion of all necessary documentation identified on the application form and/or as deter mined by the City based on specific circumstances of the particular application or the particular DORA. When an. application form and/or packet is complete, the City shall submit the following to the Indiana Alcohol and Tobacco Commission: a. The application for approval of the refreshment area; and b. The completed applications received by the City from retailer permittees to participate in the refreshment area as designated permittees; and. c. The designating ordinance adopted by the City under IC 7.5-3-31.-8, whidi designating ordinance shall be reviewed by the Indiana Alcohol and Tobacco Commission for compliance; and 7. If the designating ordinance is approved, the Indiana Alcohol and Tobacco Commission shall issue a refreshment area designation to each retailer permittee whosv application was submitted to the City and approved by the Indiana Alcohol and Tobacco Commission. The Indiana Alcohol and Tobacco Commission may approve a refreshment area and issue refreshment area designations to retailer permittees without publication of notice or investigation before a local board. The Indiana Alcohol and Tobacco Commission is not permitted by the DORA Act to charge a fee for designating a retailer permittee. 8. Designated permittees and vendors shall comply with the applicable public health and safety requirements established by this establishing ordinance as also incorporated into this Richmond City Code Chapter 63 and established by the designated ordinance for any approved refreshment area proposed to be approved in compliance with this establishing ordinance and Chapter 63,_as well as all provisions of the lndiana Criminal Code and if such convliance not achieved, the City reserves tile right to proceed under any ripplicable procedures as may be outlined by the Indiana Alcohol and 'Tobacco Commission for revocation of a permit. the Richmond Police Dcipartm.ent has authority to track all relevant Page 14(.:)1'1.3 data.p. rtaining to this section and may issue recommendations to the City administration pertaining to a_pattarn of violations of anypermittee. 9. A person who is not a designated pennittee for the area must obtain a permit described in IC 7.1-3-31.-5 and a temporary vendor designation to participate in an event or festival held within a refreshment area. However, if the person is a craft manufacturer as defined in the DORA Act, said craft manufacturer may participate in an event or festival held within a refreshment area as provided in the craft manufacturer's scope of permit. The Indiana Alcohol and Tobacco Commission may only charge a fee for the temporary beer or wine permit. The Indiana Alcohol and Tobacco Commission may issue the permit and designation without publication of notice or investigation before a local board. 1.0. The Common Council of the City of Richmond ("Council") may adopt an ordinanev dissolving a refreshment area at any time. The Council shall notify the chair of the Indiana Alcohol and Tobacco Commission that the refreshment area is dissolved. Upon receipt of the notice, the Indiana Alcohol and Tobacco Commission shall revoke all refreshment area designations issued within the dissolved refreshment area. 11. A designated pennittee or vendor within the refreshment area may allow a person to exit the designated permittee's or vendor's licensed premises with not more than two (2) open containers of an alcoholic beverage at a time. The contents of an open container of alcoholic beverage may not exceed the following: a. Beer or flavored malt beverage of not more than sixteen (16)ounces. b. Wine, cider, or hard seltzer of not more than twelve (12) ounces. c. A mixed drink of not more than ten (I 0) ounces containing not more than two (2) ounces of liquor. 12. A person may consume an alcoholic beverage purchased from a designated pennittee or vendor anywhere within the refreshment area boundaries, subject to the right of any retailer pennittee or businesses within the refreshment area to refuse to allow individuals to enter the licensed premises Of business with an alcoholic beverage. 13. A person may not consume an alcoholic beverage within a refreshment area that was purchased outside of the refreshment area. Page 9 011.3 14. If a designated permittee in a refreshment area includes outdoor dining: a. The designated permittee may serve alcoholic beverages in open containers during the hours of operation and in the areas authorized by the retailer permit; and b. Glass containers may be allowed in the outdoor dining areas but may not be removed from those areas into the refreshment area; and c. no fencing or other enclosure of the outdoor dining area is required. 1.5. A sign must be posted at each exit of a designated permittee and on the licensed premises of a vendor that informs the public of the following: a. Any open alcoholic beverage containers purchased within the refreshment area must remain within the refreshment area; and b. Possessing an open container of alcoholic beverages in a motor vehicle may constitute a Class C infraction under IC 9-30-15; and c. The dates the refreshment area will he open if the refreshment area has date restrictions. 16. In accordance with IC 7.1-2-3-3, the Indiana Alcohol and Tobacco Commission shall prescribe the form for a retailer permittee to apply for approval from the commission as a designated pennitte.T. 1.7. Additional local regulations intended to be stricter than and/or in substantial compliance with all statutes and laws contained in the establishment ordinance, and where said state provisions are not preemptive in nature, are applicable to any future .DORA designation ordinances for future areas proposed to he established and are in full force and effect as follows: a. Richmond DOR.As which meet the criteria described in this Chapter 63 and which are approved by the Richmond City Common Council via a concurrent or future designation ordinance will only be permitted to be open and operational as set forth within said designation ordinance and said DORAs are not permitted to he open on any other days and times. Page 10 of 13 b. Due to the above-described limitation of the days a designated DORA is permitted to be effective, applicants who are approved for participation within a designated DORA. and who also maintain outdoor areas such as patios and terraces in accordance with state law, regulations, and approval are required to maintain and enfbrce the normal fencing requirements during the days when the designated DORA is not in effect. Said outdoor areas (patios, terraces, etc.) must be outlined on the applicant's floor plan and the applicant shall not serve alcoholic beverages beyond the outdoor locations it is legally permitted to serve. 18. Nothing herein shall preclude or override the authority of the City's Board of Public Works and Safety to deny or permit any requests for closures of public ways for proposed special events as authorized by state and local laws. Said 13oard's review criteria may include, but would not be limited to, liability and safety concerns, proof of insurance, physical security (fencing and roping of restricted areas), guarding against consumption of alcoholic beverages by minors, private security measures, proof of outdoor liquor license, cleanup of trash and litter during and after the event, any interference with traffic, and any other uses of city resources which may impact public health and safety. Pre-reviews are conducted by the City of Richmond Police Chief or his designated agent as administrative 19. In addition to the above provisions herein concerning closures of public ways, the City of Richmond still maintains full authority and control over the sidewalks and common public areas regardless of an area's status within a designated DORA for purposes of enforcement of applicable laws such as,but not limited to, public intoxication, disturbing the peace, soliciting, open containers in a moving vehicle, maintaining a common nuisance, or other forms of disruptions of the public being able to legally traverse upon sidewalks or public ways. 20 Nothing herein prohibits a business or establishment from prohibiting open containers of alcoholic beverages to enter its establishment or premises nor from prohibiting food or beverages purchased from another establishment to enter its premises. 63.98 UNCONSTITUTIONALITY CLAUSE Should any Section, paragraph, sentence, clause or phrase of this Chapter be declared unconstitutional or invalid for any reason, the remainder of said Chapter shall not be affected thereby. 63.99 PENALTY Page 11 of 13 1. Any person, entity, applicant, vendor, or permittee who violates any provision of this Chapter shall be subject to fines as follows: a. Up to $2,500 for the first violation; or b. Up to $7,500 for a second or subsequent violation. 2. Each day ofthe existence of any violation of this chapter shall be a separate offense. 3. Nothing in this section shall preclude the authority of the City's Common Council to adopt an ordinance dissolving a refreshment area at any time as authorized by IC 7.1-3-31-1 I. 4. The remedies provided tor in this section shall he cumulative and not exclusive and shall he in addition to any other remedies provided by law. (Ordinance No. 40-2023.) Passed and adopted by the Common Council of the City of Richmond, Indiana, this day orlir 7023. , President e .7appa) ATTES' • (Karen (hasteen, IAMC, MMC) PR -SENTED to the ayor of the City of Richmond, Indiana, this / clay of 2023, at 9:00 a,m. -12.,ity.k—terk (Karen Chastecn, IAMC, MMC) APPROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana this day of --Dect,pAr71.4 , 2023, at 7.'WO".M. Page 12()I 13 Mayor avic Sn- ATTES-1 .- (Karen Chasteen, IAMC, MMC) Pgc13 of 13