City of Madison - File #: 05600

• File #: 05600
• Version: 1
• Name: carrying alcohol beverages at sidewalk cafes
• Type: Ordinance
• Status: Passed
• File created: 2/6/2007
• In control: VENDING OVERSIGHT COMMITTEE (prior to 11-01-2007)
• On agenda: 5/1/2007
• Final action: 5/1/2007
• Enactment date: 5/18/2007
• Enactment #: ORD-07-00062
• Title: Amending Section 9.13(6)(j)3. of the Madison General Ordinances to repeal the requirement that restaurant wait staff must carry and serve all food, beverage and alcohol beverages to patrons within a sidewalk caf?.
• Sponsors: Austin W. King, Michael E. Verveer

Date	Ver.	Action By	Action	Result
5/1/2007	1	COMMON COUNCIL	Adopt	Pass
4/25/2007	1	VENDING OVERSIGHT COMMITTEE (prior to 11-01-2007)	RECOMMEND TO COUNCIL TO ADOPT (15 VOTES REQUIRED) - REPORT OF OFFICER	Pass
3/28/2007	1	VENDING OVERSIGHT COMMITTEE (prior to 11-01-2007)	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
3/21/2007	1	ALCOHOL LICENSE REVIEW COMMITTEE	Return to Lead with the Recommendation for Approval	Pass
2/21/2007	1	ALCOHOL LICENSE REVIEW COMMITTEE	Refer	Pass
2/13/2007	1	PUBLIC SAFETY REVIEW COMMITTEE	Return to Lead with the Recommendation for Approval	Pass
2/6/2007	1	Attorney's Office/Approval Group	Approved As To Form
2/6/2007	1	Attorney's Office	Fiscal Note Required / Approval
2/6/2007	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
2/6/2007	1	Attorney's Office	Referred for Introduction
2/6/2007	1	COMMON COUNCIL	Refer	Pass
2/6/2007	1	VENDING OVERSIGHT COMMITTEE (prior to 11-01-2007)	Refer
2/6/2007	1	VENDING OVERSIGHT COMMITTEE (prior to 11-01-2007)	Refer

Fiscal Note
No expenditure required.
Title
Amending Section 9.13(6)(j)3. of the Madison General Ordinances to repeal the requirement that restaurant wait staff must carry and serve all food, beverage and alcohol beverages to patrons within a sidewalk caf?.
Body
DRAFTER'S ANALYSIS: This ordinance would make permanent the temporary repeal of the requirement that only waitstaff can serve alcohol beverages to customers in a sidewalk caf?, thus allowing customers to carry out their own alcoholic beverage to the sidewalk caf?. The temporary repeal was enacted by ORD-06-00047.
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The Common Council of the City of Madison do hereby ordain as follows:

Paragraph 3. entitled "Sidewalk Cafes with Alcohol Beverage License" of Subdivision (j) entitled "Miscellaneous Restrictions on Merchant Vendors and Sidewalk Cafes" of Subsection (6) entitled "Regulations and Procedures for Vending on the State Street Mall/Capitol Concourse" of Section 9.13 entitled "License for Selling on Public Streets" of the Madison General Ordinances is amended to read as follows:

"3. Sidewalk Cafes with Alcohol Beverage License.
a. All sidewalk cafes having an alcohol beverage license shall be required to have staff of the establishments owning such sidewalk cafes serve all food, alcohol and non-alcoholic beverages in the sidewalk cafe area; except that establishments with solely over-the-counter service may allow patrons to carry out food, non-alcoholic beverages and other non-alcoholic items. This subsection (3)(a) shall be ineffective from April 15, 2006 through December 31, 2006. A report prepared by the Vending Oversight Committee, with input from the Madison Police Department, shall be submitted to the ALRC, PSRB and Common Council by March 1, 2007 analyzing the impact of this temporary repeal on the operation of the sidewalk cafes.
b. a. Consumption of alcohol beverages in all sidewalk cafes ...