Outdoor dining: a palatable concept; Ordinance would extend hours, amend ‘archaic thinking’

As published in the Record Journal Thursday May 23, 2013

By Andrew Ragali
Record-Journal staff
aragali@record-journal.com
(203) 317-2224
Twitter:@AndyRagz

WALLINGFORD — Town councilors said Thursday that they believe proposed changes to an outdoor dining ordinance will help downtown businesses attract more patrons.

“Let’s loosen it up a little bit to promote downtown businesses,” said John Sullivan.

A public hearing will be held Tuesday on the repeal of an ordinance that prohibits restaurants with outdoor seating from using umbrellas bearing the names of producers of alcoholic beverages. The new ordinance would also allow patrons seated outdoors to order drinks without ordering food, and to drink out of bottles.

The new ordinance also would extend outdoor dining until midnight. Currently, outdoor dining is supposed to end at 11 p.m. “It was archaic thinking,” Town Councilor John LeTourneau said of the ordinance enacted in 2004. Restaurant owners have voiced their concerns previously, he said.

“I assume it’s a good move for businesses at this point,” Mayor William W. Dickinson Jr. said. “I don’t see that it’s harmful.”

The proposed changes were approved by the Town Council Ordinance Committee on April 4. The committee is co-chaired by Craig Fishbein and Vincent Cervoni. The entire Town Council must vote on the issue after the public hearing.

Cervoni said Thursday that the ordinance change doesn’t only cover outdoor dining areas that serve alcohol. The revision clarifies how far an outdoor dining area can protrude onto a sidewalk.

The revision states that there must be enough space on the sidewalk to comply with the Americans with Disabilities Act. Town Council Chairman Bob Parisi said proposed revisions “make the ordinance a little more business friendly.”

“We certainly don’t want to work against our businesses,” Parisi said.

In March, Cheryl Milot, owner of Gaetano’s Tavern on Main, offered her concerns to the committee. She argued that outdoor dining should be allowed past 11 p.m.

“There are times that we have to tell people, ‘You’ve got to come in now,’ “ Milot said at the time. “We do have people who come, have dinner and linger and have a couple more cocktails.”

Councilor Nick Economopoulos said Thursday that the changes will encourage business.

“I don’t see our town as being too rowdy,” he said.

Councilor Jason Zandri said the town should not be overly restrictive about drinking in outdoor dining areas.

“I definitely support it when I look at what other towns allow,” he said.

 

Photo by Dave Zajac courtesy of the Record-Journal

Patrons of Gaetano’s Tavern on Main enjoy a table outdoors Wednesday in downtown Wallingford. An ordinance being considered in town would, among other things, allow patrons seated outdoors to order drinks without ordering food, and to drink out of bottles.

Editorial - Local bidders

As published in the Record Journal Monday January 28, 2013

If worded carefully, an ordinance allowing for local bidder preference in awarding municipal contracts would have benefited Wallingford. Town councilors rejected this concept on Jan. 22, after discussing it in previous meetings. The proposed guideline would grant local companies an advantage in seeking contracts put out to bid by Wallingford. If a business based in the municipality did not offer the lowest price, but came within a certain percentage of this bottom figure, the business could match the low bid and win the contract.

There are downsides. Aware of a local-preference clause, out-of-town companies might not make bids. This could mean fewer businesses competing for a contract and, thus, potentially higher costs paid by Wallingford for work.

Another problem, alertly brought up by Mayor William Dickinson, would be how to conclude which companies are and are not locally based. But, as wisely suggested by Councilman Jason Zandri, checking business filings with the state could definitively determine where a company is technically located.

Moreover, it’s unclear whether bids would actually dwindle after establishment of a local-preference ordinance. In Connecticut, 29 percent of municipalities have enacted a similar law, including Meriden and North Haven. And, as argued by Councilman Craig Fishbein, because of these existing ordinances, Wallingford companies could be losing out on contracts in nearby towns and cities, and, therefore, could use additional help in their own zip code.

As presented in our news account of Dec. 22, local preference protocols in Meriden and North Haven are reasonably worded. In Meriden, to enact the program, a city-based company’s bid cannot be more than 10 percent higher than the bottom bid. In North Haven, a local business’ bid has to be within 10 percent of the lowest on items under $1 million, 5 percent of purchases between $1 million and $5 million, and 3 percent on anything more than $5 million.

Which is to say that this can be done, if implemented correctly. Based on Meriden and North Haven laws, the key is to retain a fair, fighting chance for bidders from outside municipal borders. Those two civic governments give local businesses only a marginal advantage, as not to foster favoritism or impinge greatly upon free market economics. Should Wallingford leaders seek a boost for in-town companies — and why wouldn’t they? — they could do so with similarly worded regulations.

This is a concept councilors should reconsider. By granting local businesses a second chance to match low bids under still competitive circumstances, councilors could direct taxpayer money toward town based companies, allowing Wallingford to support better its own economy.

Wallingford council looks at new rules for outdoor dining

As published in the Record Journal Wednesday August 22, 2012

By Laurie Rich Salerno
Record-Journal staff
lsalerno@record-journal.com
(203) 317-2235
Twitter:@LaurieSalernoRJ

WALLINGFORD — Town councilors will consider changes to an outdoor dining ordinance that could give them the power to approve or deny sidewalk seating for certain businesses.

Only restaurants interested in serving alcohol in an outdoor sidewalk dining space need to apply to the Town Council for permission, according to an ordinance passed in 2004. If the restaurant wants the outdoor dining space that takes up part of a public sidewalk but won’t serve alcohol, it doesn’t need to go before the council.

But a resident’s concern has caused the council to re-examine the ordinance, which it will do at a special Ordinance Committee meeting Thursday night.

According to Town Councilor Craig Fishbein, who co-chairs the Ordinance Committee with fellow Republican Vincent Cervoni, someone told him that an establishment was not complying with the regulations set out in the ordinance for its sidewalk patio. A closer look at the ordinance, Fishbein said, led him to see that it only covered restaurants serving alcohol, and the business in question was not. Neither councilor would reveal the name of the business that had been the source of complaint. “The way the ordinance is drafted, it can be construed to only apply to those establishments that sell alcohol — which is an issue,” Fishbein said. “I think the intent to a certain extent is public safety.” Fishbein said having outdoor spaces that don’t follow town guidelines for size can be a hazard for pedestrians.

“I’m not looking to restrain trade, but there’s ADA (Americans with Disabilities Act) requirements for sidewalks,” Fishbein said.

Several businesses downtown have outdoor seating, including Gaetano’s Tavern on Main, Archie Moore’s, Half Moon Coffee and Grill Cafe and Mr. D’s cafe and bakery, all on North Main Street.

Neither Half Moon nor Mr. D’s serves alcohol, though Half Moon does allow guests to bring their own alcohol. Both could be affected by an ordinance change that regulates outdoor seating for all businesses. Owners of those establishments could be reached by phone Tuesday.

Gaetano’s co-owner Debbie Pacileo said her business brought the issue up to the council years ago, when the restaurant wanted to serve alcohol in its sidewalk space. The request was approved. Today, she said, most summer nights the patio is completely booked.

“People love it; it’s so nice for the town, too,” Pacieleo said. “Uptown has really blossomed since this came into effect.”

Among several requirements, the ordinance says that the sidewalk spaces must have a sturdy rail or other divider separating the section from the rest of the sidewalk, and that the space be accessible only through the restaurant and not from the outside.

The applicant also has to submit a drawing of the space, including tables and chairs and how they are arranged, as well as a certificate of insurance that includes the town as an “additional insured party.” It requires the certificate to be a minimum of $2 million for damage or injury related to the business use of the sidewalk. It also has to leave enough space to allow wheelchairs and other supportive devices for those in need, in line with ADA standards.

Cervoni said he was not convinced that the ordinance needs to be changed.

“I thought it was interesting that they chose to regulate outdoor dining based on whether or not they were serving alcohol,” Cervoni said of reading the document. “While I find that interesting, I get the point. While I want to hear what the complainant has to say, I don’t see the need to further regulate, necessarily.”

He said he thought issues with particular businesses could be addressed directly with a small business owner.

Fishbein said he’d like to discuss other changes to the ordinance, saying he’d like to make it a provision that businesses reapply each year for approval, while now there’s no expiration date on approvals. He said that since insurance has to be renewed annually, this would allow businesses to submit new insurance certificates each year.

In another issue, the committee will discuss revisions to its open burn rules Thursday. Last year, it approved an ordinance that made burning in fire pits and commercial outdoor chimineas legal, with certain restrictions. This year, the Fire Department is asking to revise those rules to add that open burning must stop from midnight to 6 a.m., residents have to have the means to extinguish the fire available at the site, and that it has to be attended at all times.

Fire Marshal Carmen Rao said the recommendations were made to the department by residents. One was tired of their neighbors leaving their fire smoking the next day.

“It’s to help people to be a little bit safer, give them some guidance,” Rao said.

 

Photo by Dave Zajac / Courtesy of the Record-Journal

Above: Patrons of Archie Moore’s bar and restaurant relax across North Main Street.

Photo by Dave Zajac / Courtesy of the Record-Journal

Above: Bartender Tarry Radnoczi talks with customer Debbie Gravell, right, who opted for outdoor dining to celebrate her 59th birthday with her husband, Thirl, on Tuesday at Gaetano’s Tavern on Main in Wallingford.