Title
AN EMERGENCY ORDINANCE AUTHORIZING TEMPORARY OUTDOOR SERVICE AREAS FOR RESTAURANTS AND BARS IN THE CITY OF COMMERCE CITY, COLORADO
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Summary and Background Information:
This emergency ordinance (2282) provides an immediate and streamlined solution for restaurants and bars in Commerce City to expand their seating capacity to provide on-site dining for customers. The ordinance also takes steps to ensure the safety of the community and its neighborhoods from these expanded operations while ensuring compliance with state laws.
Restaurants and bars have been limited to providing on-premises dining options due to the COVID-19 public health crisis and related state and regional public health orders. In anticipation of permitting on-premises dining to re-open, the State of Colorado has taken steps in recent days to allow restaurants and bars to contemplate reopening by:
- Issuing guidance for restaurants, which include standards for operating at reduced capacity and spacing of tables and suggestions for outdoor service.
- Issuing emergency rules to allow for a temporary modification of liquor-licensed premises to expand operations to outdoor and other areas.
- Stating that other facilities will be evaluated for re-opening in June.
The Governor has called upon local governments to modify their regulations to allow restaurants to establish outdoor dining options.
Rather than amend every applicable law, this ordinance establishes a minimal, separate program that will be supplemented by other laws and go along with any special liquor law that might apply. The City regulates the use of land and businesses through various provisions of the Commerce City Revised Municipal Code, including building codes, nuisance provisions, and the Land Development Code. The City also concurrently licenses the sale of alcohol for on-premises consumption with the State of Colorado, Department of Revenue, Liquor Enforcement Division (“LED”).
Ordinance:
The emergency ordinance auth...
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