Council sidetracks sidewalk ordinance; Issue to come before council in January

Published 11:15 am Tuesday, December 16, 2014

A new approach to outdoor serving will have to wait.

The Austin City Council couldn’t unanimously approve a sidewalk cafe ordinance during its first reading Monday night. The council voted 5-1, with Council Member Jeff Austin dissenting, to reconfigure the city’s current ordinance to allow medium-sized businesses under state guidelines with licensed kitchens to serve customers outside.

The council will discuss the ordinance at its next meeting on Jan. 5.

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The council discussed a potential ordinance earlier this year after Mark Nagle, owner of Dusty’s Bar and Lounge, approached the city about allowing businesses to put out seats and serve patrons outside.

The city currently allows businesses to put out chairs to serve patrons as long as 70 percent or more of their sales come from food rather than liquor. Under the new ordinance, medium-sized businesses with state-licensed kitchens could put chairs and tables outside as long as they gated off the area using temporary fencing. In addition, the ordinance would allow outdoor seating until midnight.

Police Chief Brian Krueger had cautioned the council in August against approving the ordinance, as outdoor seating would allow customers to bring alcohol outside. Some people could abuse that rule to walk between bars with alcohol.