Title
Emergency Ordinance - Recovery Zones and Temporary Uses - For the purpose of extending the temporary uses and parking restrictions for outdoor seating at restaurants and outdoor shopping options for retail establishments authorized by certain Executive Orders; providing a termination date; and making this Ordinance an emergency measure.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 26-21
Introduced by: Mayor Buckley and Alderwoman Tierney
Co-sponsored by: Alderman Gay, Alderman Schandelmeier,
Alderman Savidge, Alderwoman Pindell Charles, Alderwoman Finlayson
AN ORDINANCE concerning
Emergency Ordinance - Recovery Zones and Temporary Uses
FOR the purpose of extending the temporary uses and parking restrictions for outdoor seating at restaurants and outdoor shopping options for retail establishments authorized by certain Executive Orders; providing a termination date; and making this Ordinance an emergency measure.
WHEREAS, the ongoing COVID-19 pandemic has had serious and long-lasting adverse effects not only on the residents of Annapolis, but also on the business community; and
WHEREAS, the restaurant industry was particularly hard hit by use and capacity restrictions imposed by State and local governments to save lives and prevent exposure to the COVID-19 virus; and
WHEREAS, the Mayor issued a Declaration of State of Emergency for the City of Annapolis effective March 12, 2020, and extended it until the next City Council meeting that succeeds the 30th day after the Governor of Maryland terminates his State of Emergency and rescinds his Proclamation of a Catastrophic Health Emergency; and
WHEREAS, as part of the declared State of Emergency and in an effort to provide some relief to the restaurant and retail industries, on May 29, 2020, via Executive Order No. 17 and as renewed in Amended and Restated Executive Order No. 20, the Mayor established Recovery Zones to give citizens and visitors of Annapolis the ability to utilize expanded outdoor dining and shopping options, provided that specified application and use criteria were followed as outlined in Executive Order Nos. 17 and 20; and
WHEREAS, in an effort to provide some relief to the restaurant industry, on June 7, 2021, the County Council for Anne Arundel County, Maryland adopted an Emergency Ordinance 55-21 for the purpose of extending the temporary use authorization for outdoor seating at restaurants until November 1, 2021; and
WHEREAS, by this Ordinance, the City Council also intends to provide relief to the restaurant and retail industries by allowing outdoor seating as a temporary use relating to food and beverage service for a food service facility, and outdoor shopping options for retail establishments as a temporary use under Executive Order Nos. 17 and 20 by extending the authorization of outdoor dining and shopping options as a temporary use until November 1, 2021.
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that outdoor seating as a temporary use relating to food and beverage service for a food service facility, as defined in § 21-301 of the Health-General Article of the State Code, and outdoor shopping options for retail establishments in operation as of the date this Ordinance is introduced, shall be allowed as a temporary use provided that specified application and use criteria, as may be amended from time to time, is followed as outlined in Executive Order Nos. 17 and 20.
SECTION II: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that outdoor seating as a temporary use relating to food and beverage service for a food service facility, as defined in § 21-301 of the Health-General Article of the State Code, and outdoor shopping options for retail establishments in operation as of the date this Ordinance is introduced, shall be allowed as a temporary use and subject to application approval and shall comply with all applicable laws in accordance with the Annapolis City Code and City regulations, as may be amended from time to time.
SECTION III: BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the provisions of this Ordinance shall remain in effect until November 1, 2021, after which it shall stand repealed and, with no further action required by the City Council, be of no further force and effect, and, unless a food service facility obtains all authorizations and permits and permission required by law, the outdoor seating facility shall be removed no later than November 3, 2021.
SECTION IV: BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this Ordinance is hereby declared to be an emergency ordinance and necessary for immediate preservation of the public peace, health, safety, welfare, and property, and being passed by the affirmative vote of five members of the City Council the same shall take effect the date of its passage.
Explanation:
UPPERCASE indicates matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments.