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Home My WebLink AboutMAY 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