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

More Middletown eateries may establish outdoor dining areas

By  http://www.journal-news.com/staff/ed-richter/" rel="nofollow - Staff Writer

MIDDLETOWN — 

    Restaurateurs in Middletown may soon find it easier to establish outdoor dining areas on the sidewalk adjacent to their businesses.

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

    According to Kyle Fuchs, community revitalization director, the city already allows businesses the limited use and occupation of public right of ways for sidewalk dining as well as the installation of non-permanent amenities, such as banners and flags. But all current requests need to be approved by Council on a case by case basis.

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

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

    The initial application for a commercial use would require a $100 fee to review the plans with an additional $50 annual fee to cover re-inspections to ensure nothing 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 area shall not be permanent in nature.

    Sam Ertel, general manager of Murphy’s Landing Casual Dining, thinks its a great idea.

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

    He said restaurants may be challenged by the new process or dealing with other issues but overall this type of attraction is good for business.

    Ertel said the next step is develop a district to allow open containers and being able to sell liquor on Sunday. He said his restaurant is closed on Sundays because of the inability to sell alcohol making it cost-prohibitive to be open for business.

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

    On Tuesday, Law Director Les Landen told Council the proposed ordinance has been reviewed city departments and organizations such as Downtown Middletown Inc. and The Chamber of Commerce Serving Middletown, Trenton and Monroe, and has not received any negative comments as of the meeting.

    “It makes sense if it fits the restaurant’s vision,” said Rick Pearce, president and CEO of The Chamber. “I think people are looking for more outdoor dining opportunities, he said.