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HomeMy WebLinkAboutbocc.ord.027.2020AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING TEMPORARY EXPANSION OF SEATING FOR RESTAURANTS IN UNINCORPORATED PITKIN COUNTY, COLORADO ORDINANCE NO. 'P� q -2020 RECITALS WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Horne Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary, and; WHEREAS, Pursuant to Section 2.8.2 of the Home Rule Charter ("HRC"), the Board of County Commissioners is authorized to take official action by Emergency Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended, and; WHEREAS, Due to the social distancing requirements associated with the COVID-19 pandemic, it is in the best interest of the citizens of Pitkin County to allow for a temporary expansion of seating, where specific procedures and guidelines as found in Exhibit A, attached, can be met for individual restaurants in unincorporated Pitkin County; WfIEREAS, The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to HRC Section 2.8.2. NOW, THEREFORE, BE IT ORDAINED by the Board of County Comrnissioners of Pitkin County, Colorado that it Hereby adopts AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING TEMPORARY EXPANSION OF SEATING FOR RESTAURANTS IN UNINCORPORATED PITKIN COUNTY, COLORADO, and authorizes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. INTR2DUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON THE AV DAY OF -_.� — 2020 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE `b DAY OF 2020_ NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE % DAY OF S Ifj , 2020. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE EMERGENCY ORDINANCE POSTED ON THE OFFI IAL PITKIN COUNTY WEBSITE _ ON THE g DAY OF 2020. CONFIRMED AT A PUBLIC HEARING ON THE DAY OF U 2020. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HE G, IN THE ASPEN TIMES WEEKLY ON THE L I7AY OF I KX--, 2020. POSTED BY TITLE AND SHORT SUMMARY QN THE OFFI AL PITKIN COUNTY WEBSITE ON THE /0 DAY OP GVtk, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS ByYMkff t- -WXS By: Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: 1')%"2 1 John Ely, County Attorney Steven F. Child, Chair Date] un -11-2020 MANAGER APPROVAL Nylis Mattice for Jon Peacock, County Manager EXHIBIT A Pitkin County has established the following process and subnuission requirements for restaurant in unincorporated Pitkin County to obtain a Temporary allowance to expand seating areas in order to meet the social distancing requirements of the Pith County Public Health Order associated with the COVID-19 pandemic. The allowance does not accommodate an increase of the restaurant's pre-existing indoor and outdoor seating capacity. PROCESS: A stab team will review applications on a weekly basis. An application must be submitted no later than Monday by 12:00 P.M_ to (email address) in order for it to be reviewed by staff in the same week. SUBMISSION REQUIREMENTS: 1) Site plan, including indoor and outdoor seating plan. Include area licensed for liquor service, and areas for waiting, staging, etc. 2) Documentation of any conditions of approval that may need to be temporarily varied or met and/or any temporary building code issues that must be addressed; 3) If there will be any encroachment in the public right-of-way or on public property, describe and depict location on site plan. 4) If temporary restrooms or handwashing stations are proposed, describe and depict location on site plan. 5) If an expansion of the licensed liquor service area is proposed, contact Jeanette ,tones at to file an application (DR 8422) witli the State Liquor Enforcement Division for a temporary modification of an on-site premises license. The application will also need to be approved by the Board of County Commissioners at a regular meeting. 6) COVID 19 Phase 2 Business Safety Plan (see link below to Restaurant Guidelines) 7) Current State of Colorado Food Establishment license APPROVAL: The applicant will receive a written approval from the Community Development Department. The approval will require compliance with the following, in addition to any specific conditions. 1) State of Colorado Restaurant Guidelines, Pitkin County Operational Guidelines 2) State and Local Liquor Licensing regulations 3) COVID-19 Business Safety Plan. 4) Colorado Retail Food Establishment Rules and Regulations (Food Code)