MAY 19, 2020 SPECIAL SESSION J1g`' y.L
04 :. 't
City of- Virginia Such
Op OUR NA ;,
ROBERT M."BOBBY"DYER MUNICIPAL CENTER
MAYOR BUILDING 1,ROOM 234
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23458-9000
May 14, 2020 757)385-589
FAX(757)3855899
BDYEROVBGOV.COM
HONORABLE MEMBERS OF CITY COUNCIL
On March 12, 2020, Governor Northam declared a state of emergency due to COVID-19. Because of the
catastrophic nature of the declared emergency, it is impracticable or unsafe to assemble a quorum of the
City Council in a single location. In accordance with the Virginia Beach City Code Section 2-21 and Virginia
Code§2.2-3708.2(A)(3), and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby
call for a SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINIA
BEACH CITY COUNCIL
Thursday,May 14,2020
4:00 P.M.
In accordance with Virginia Code § 2.2-3708.2(A)(3), this SPECIAL MEETING BY ELECTRONIC
COMMUNICATION MEANS will be held virtually with Council Members participating via video/audio
conference. The purpose of this SPECIAL MEETING is for the City Council to consider an Ordinance to
APPROVE expanded use of outdoor restaurant seating and to AUTHORIZE the City Manager to approve
temporary outdoor dining permits and an Ordinance to SUSPEND Resort Open Air Café Franchise Fees
and provide revenue offsets.
Although I sent a similar letter yesterday, the ordinance regarding outdoor dining was subsequently revised,
so I am sending this revised letter with the revised ordinance.
This Special Meeting will be broadcast on cable tv, www.vbgov.corn and Facebook Live. Citizens are
encouraged to submit their comments to the City Council prior to the Special Meeting via email at
CitvCouncilga,vbgov.corn.
Sincerely,
Robert M. Dyer
Mayor
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
REQUESTED BY MAYOR DYER AND VICE MAYOR WOOD
1 AN ORDINANCE TO APPROVE EXPANDED USE
2 OF OUTDOOR RESTAURANT SEATING AND TO
3 AUTHORIZE THE CITY MANAGER TO APPROVE
4 TEMPORARY OUTDOOR DINING PERMITS
5
6 WHEREAS, by Executive Order No. 61, dated May 8, 2020, the Governor of
7 Virginia initiated Phase 1 of reopening restaurants from ordered closures due to the
8 COVID-19 Pandemic;
9
10 WHEREAS, as part of Phase 1, restaurants are permitted to reopen to the extent
11 they only have seating in outdoor spaces with limited capacity and adequate spacing;
12
13 WHEREAS, the Governor's Executive Orders have provided additional procedural
14 and regulatory discretion to the Virginia Alcoholic Beverage Control Authority, and
15 pursuant to such Executive Orders, the Authority has issued guidance for outdoor dining
16 in Topic 16, issued May 13, 2020; and
17
18 WHEREAS, the City Council desires to provide additional opportunities for Virginia
19 Beach restaurants to serve patrons during Phase 1 and subsequent loosening of
20 business restrictions, as provided herein.
21
22 NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA THAT:
24
25 1. The City Council hereby approves the expanded use of outdoor restaurant
26 seating provided the facilities comply with the Governor's Executive Orders, including but
27 not limited to Executive Orders 61 and 62 and any subsequent orders, and the rules
28 promulgated by the Virginia Alcoholic Beverage Control Authority, including but not limited
29 to Topic 16.
30
31 2. The City Council hereby authorizes the City Manager or designee to issue
32 temporary permits for use of public property for outdoor dining at restaurants during those
33 phases of reopening wherein the Governor has limited indoor serving of patrons in
34 restaurants. For purposes of this ordinance, the term "restaurant" shall mean an existing
35 business with a business license to operate as a restaurant. The permitted area for
36 outdoor dining shall be adjacent to, or in close proximity to, the restaurant. Any permit
37 authorized by this ordinance shall require the permittee to comply with applicable public
38 health, alcohol beverage control, and public safety requirements, including but not limited
39 to the requirements contained in the Governor's Executive Orders pertaining to COVID-
40 19 and related guidelines.
41
42 Such permit shall be in the form of a revocable license and of similar legal effect
43 as those encroachments authorized by Article VI of Chapter 33 of the City Code. The
44 permits may include any public property not otherwise necessary for safe and accessible
45 pedestrian, bicycle, or vehicular traffic. The permit shall require the same indemnity and
46 insurance provisions as those set forth in § 33-113(d)(2) and (d)(3) of the City Code.
47
48 No fee shall be assessed for the processing of permit applications, and it is the
49 desire of the City Council that City staff prioritize and process applications promptly. The
50 denial of such permit may be appealed to the City Manager, and the denial by the City
51 Manager may be appealed to the City Council.
52
53 3. Any authorization provided by this ordinance or permit issued pursuant to
54 this ordinance shall automatically expire thirty (30) days after the end of the Statewide
55 Declaration of Public Health Emergency unless sooner terminated. A permit may be
56 revoked for the noncompliance with any requirement of the permit, and the continued
57 occupancy of City property after revocation may be remedied in the same manner as
58 authorized for unlawful encroachments.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2020.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's 0 ice
CA15070
R-5
May 13, 2020
REQUESTED BY MAYOR DYER AND VICE MAYOR WOOD
1 AN ORDINANCE TO SUSPEND RESORT OPEN
2 AIR CAFE FRANCHISE FEES AND TO PROVIDE
3 REVENUE OFFSETS
4
5 WHEREAS, by Executive Order No. 61, dated May 8, 2020, the Governor of
6 Virginia initiated Phase 1 of reopening restaurants from ordered closures due to the
7 COVID-19 Pandemic;
8
9 WHEREAS, as part of Phase 1 , restaurants are permitted to reopen to the extent
10 they only have seating in outdoor spaces with limited capacity and adequate spacing;
11
12 WHEREAS, at the same meeting as this item is presented, the City Council is
13 considering a program to provide temporary permits for outdoor dining throughout the
14 City, and that program does not include a fee; and
15
16 WHEREAS, to allow all outdoor dining in the City to operate without a fee, the
17 Council desires to suspend fees associated with the outdoor café franchises at the Resort
18 Area.
19
20 NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA THAT:
22
23 The City Council hereby suspends, for calendar year 2020 only, the fees for Resort
24 Open Air Café Franchises, and to provide revenue offsets, the FY20 Reserve for Future
25 Use in the Tourism Investment Program is reduced by $304,864.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2020.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA15071
R-1
May 13, 2020