ENCINITAS: Council to reconsider sidewalk dining policy
By RUTH MARVIN WEBSTER - Staff Writer | ∞
Wine is served at the sidewalk dining area of Vigilucci's restaurant on Coast Highway in Encinitas in this July 8 file photo. The City Council on Wednesday will revisit its policy on sidewalk dining. Under the current rules, only two downtown eateries can serve alcohol at sidewalk tables. (File photo by Hayne Palmour IV - Staff Photographer ENCINITAS --- In response to pleas from diners who say they would like to enjoy a glass of wine when they eat outdoors at downtown restaurants, the City Council is set Wednesday to revisit Encinitas' policy on sidewalk dining.
In 2002, the council tightened its policy that prohibits drinking on downtown right-of-ways, but allowed two restaurants ---- Vigilucci's Trattoria and Roxy Restaurant ---- to continue serving drinks at sidewalk tables. Those two restaurants had previously been issued permits to serve alcohol on the sidewalk and both already had fencing that separated tables from pedestrians.
Under the state's Alcoholic Beverage Control regulations, dining areas where alcohol is served must be separated from the public sidewalk by a permanent barrier. One of the purposes of the fencing is to prevent the passing of alcoholic beverages from restaurant patrons to passing pedestrians.
The policy the city created in 2002 prohibits any eateries from putting up new barriers on public sidewalks downtown.
Some downtown restaurant owners and managers ---- such as those at Q'ero and Via Italia ---- have expressed their frustration with the city's regulations, saying it is unfair to allow some restaurants and not others to serve alcoholic beverages at tables placed on the sidewalks.
Many downtown restaurants do encroach on the public sidewalk with tables and chairs, but they do so with a city encroachment permit. They are also required to have adequate insurance coverage and must make certain that their tables and chairs are placed up against and in front of the building and brought in at night.
Recently, the city has received letters from several diners urging a change in the sidewalk dining policy. Some of the letters were included in a staff report that will be presented to the council Wednesday night.
In one, Cardiff resident Fabrizio Balestri said that he wants "the playing field ... leveled to allow establishments like Via Italia to compete fairly and offer its many clients the opportunity to enjoy their meals and wine under the beautiful Encinitas sky."
According to the staff report, 18 restaurants have sidewalk dining in the public right of way within the downtown area and 17 of them have obtained encroachment permits. The fee for such a permit is $150.
In 2001 and 2002, when the council first discussed sidewalk dining standards in the downtown area, concerns were raised that the public sidewalk would be less accessible to pedestrians ---- especially those with disabilities --- if restaurants were allowed to spill onto the sidewalk.
Local activist and candidate for the City Council Bob Nanninga, who has made the sidewalk dining one of his campaign issues, said he is pleased the council plans to discuss the policy Wednesday.
"It is long overdue that we are revisiting this conversation," he said. "I feel validated that I was able to be a part of bringing it to the table."
Nanninga said that allowing downtown restaurants to serve alcohol on the sidewalk is an economic issue as well.
"It really is all about letting our business owners realize their full economic potential," he added.
The council will meet at 6 p.m. at City Hall, 505 S. Vulcan Ave.
Contact staff writer Ruth Marvin Webster at (760) 901-4074 or rwebster@nctimes.com.
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Ummm... wrote on Sep 22, 2008 7:00 PM:Want fair? Make other two stop. In order to keep alcohol from being handed off they need to put up sidewalk cages so nothing can be handed out.
public sidewalk wrote on Sep 22, 2008 9:54 PM:It is not the restaurants private property. It is a sidewalk, public property that will now be given to the private restauranteurs so they can profit of alcohol sales on the public sidewalk.
Get ready to call Encinitas the new Pacific beach with booze everywhere!
I can't believe Bob Nanninga wants to turn our sidewalks into an alcohol zone. And he feels validated?
Keep the sidewalks for pedestrians!
Jomo Kenyatta wrote on Sep 22, 2008 10:01 PM:The fuddy duddies from DEMA are saying that if more restaurants are allowed to serve wine and beer on the sidewalks that Hwy 101 will turn into...shudder....The Gas Lamp!?
Can anyone tell me what that means, I have never been south of Midway?
Encinitas Mom wrote on Sep 23, 2008 5:38 AM:I used to dine outside all the time on Sundays. Not anymore. That stretch of road is like a drag strip and the noise from the straightpipes is deafening. How about the Sheriffs’ enforce the laws on Hwy101 on Sundays? Why is there no enforcement of people running illegal straightpipes? Even my kids can tell which bikes have straightpipes and I can tell with 100% accuracy with no equipment. This lack of enforcement is killing our downtown area. Everyone please ask your Councilmembers- Why don’t the Sheriffs enforce illegal straightpipes in Sunday?
Ann J. wrote on Sep 23, 2008 8:06 AM:Nanninga is the Leader Encinitas has been waiting for. Smart, sensible, and future focused.
I'm voting for Bob Nanninga and encouraging all my friends to do so as well.
Larry wrote on Sep 23, 2008 9:01 AM:The only logical solution to this problem would be to ban plastic shopping bags.
John E wrote on Sep 23, 2008 9:18 AM:I am no objection to either sidewalk dining or the serving of alcohol there. However, I strongly resent the near-blockage of downtown public sidewalks by private local restaurants. Any restaurant with a valid liquor license should be able to serve alcohol indoors or out, but every restaurant has the obligation to avoid obstructing a public right-of-way.
Nick wrote on Sep 23, 2008 10:09 AM:I think Larry has it, and I think we should ban smoking period.
While we are at, how about we ban people from the beach (they litter to much) an ban tourists all together.
There, that sounds like a good start......LOL.
Bob-o wrote on Sep 23, 2008 11:13 AM:I'm going to pour my wine into a plastic bag and drink it on the sidewalk. Just try to stop me!
Joe Public wrote on Sep 23, 2008 11:14 AM:now has to walk in the street? They need to pay extra fees for using my, taxpayer, property thus reducing my taxes. How about using the illegal plastic bags for barriers? Before anything is decided the council better check with the Surfrider association and get their permission.
Charles wrote on Sep 23, 2008 4:36 PM:With all due seriousness, Nanninga should be commended for bringing this issue before the council. It's nice to know at least one of the candidates running for Encinitas City Council is an advocate for small business owners.
Like Ann J. I'm voting for Bob and asking my friends and neighbors to do the same.
Suz wrote on Sep 24, 2008 3:45 PM:Alcohol being "handed off"??? Are you kidding me? With what these restaurants charge for a glass of wine, I'm hanging onto it for dear life!!!
To Encinitas Mom wrote on Sep 24, 2008 8:21 PM:A mom referring to straightpipes? Way to go.
Who Cares wrote on Sep 26, 2008 4:57 PM:Doesn't Bob Nanninga profit off of having his customers drink coffee on the public sidewalk? Last I saw there isn't a bunch of college kids binge drinking at the restaurants, its is responsible people who want to sit outside in the nice SoCal weather and enjoy a beer or wine.
I will agree with the rediculous motorcylce noise on the weekends.
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