Posted: 12:00 a.m.Thursday, Jan. 22, 2015

More Middletowneateries may establish outdoor dining areas

By Ed Richter

Staff Writer

MIDDLETOWN — 

    Restaurateursin Middletown may soon find iteasier to establish outdoor dining areas on the sidewalk adjacent to theirbusinesses.

    MiddletownCity Council is considering a proposed ordinance change to enable businesses toexpand without having to seek approval for such requests. The proposedordinance was given a first reading Tuesday.

    Accordingto Kyle Fuchs, community revitalization director, the city already allowsbusinesses the limited use and occupation of public right of ways for sidewalkdining as well as the installation of non-permanent amenities, such as bannersand flags. But all current requests need to be approved by Council on a case bycase basis.

    Fuchssaid the need for such an ordinance came up when Murphy’s Landing Casual Diningwanted to add an outdoor dining area last year. The city had no provisions atthe time, so the city created a temporary licensing procedure.

    Ifthe new ordinance is approved, he said businesses could apply for a license touse the right-of-way providing it does not interfere with required publicminimum allowances. The clearance requirement in this ordinance is written at aminimum of 6 feet from the licensed area of the sidewalk to the end of the curbwith an allowance to decrease that to the ADA minimum requirement of 4 feet forsmall intruding items such as flower boxes and light poles at the discretion ofthe city’s public works director.

    Theinitial application for a commercial use would require a $100 fee to review theplans with an additional $50 annual fee to cover re-inspections to ensurenothing has changed and the right-of-way is still accessible to the public.Private use requires a one-time initial fee of $50 at the time of application.The proposed ordinance also requires that all obstructions in the licensed areashall not be permanent in nature.

    SamErtel, general manager of Murphy’s Landing Casual Dining, thinks its a greatidea.

    “Anythingthat government can do to help a business do business in a new way is extraattractive to customers,” he said. “Restaurants can change their menus, hours,put on promotions, have music and entertainment but being able to do somethingthat the law once prohibited is a whole new ball game.”

    Hesaid restaurants may be challenged by the new process or dealing with otherissues but overall this type of attraction is good for business.

    Ertelsaid the next step is develop a district to allow open containers and beingable to sell liquor on Sunday. He said his restaurant is closed on Sundaysbecause of the inability to sell alcohol making it cost-prohibitive to be openfor business.

    “Tosell booze on Sunday would be a big shot in the arm for us,” he said.

    OnTuesday, Law Director Les Landen told Council the proposed ordinance has beenreviewed city departments and organizations such as Downtown Middletown Inc.and The Chamber of Commerce Serving Middletown, Trentonand Monroe, andhas not received any negative comments as of the meeting.

    “Itmakes sense if it fits the restaurant’s vision,” said Rick Pearce, presidentand CEO of The Chamber. “I think people are looking for more outdoor diningopportunities, he said.