MEMO

To: Honorable Mayor and City Council Members

From: Courtney Smith, Planning and Zoning Director
CC: Tami Hanlin, City Manager
Date: November 3, 2021
RE: TA-21-0006 (Sidewalk Café and Entertainment District)

Issue:
Expand outdoor dining provisions, including the implementation of a sidewalk café license, and the creation of an
entertainment district in downtown to allow businesses to expand seating options for patrons and increase the vibrancy of our
downtown.

Recommendation:
Recommendation of approval of TA-21-0006

Background:
The creation of an entertainment district was a recommendation of the Downtown Master Plan.

Planning Commission reviewed the proposed text amendment and recommended approval with modifications at their Sept.
16, 2021 meeting.

Staff reviewed the proposed text amendment at a city council work session on Sept. 27, 2021. Two proposed changes have
been made to the draft code based on that discussion. Changes include a reduction of the proposed entertainment district
boundary and a limit on hours of consumption.

The proposed boundary of the entertainment district has been amended since the 1 st read. An updated map is in the Nov. 8th
packet.

Summary:
Staff is proposing to amend the Downtown District regulations in Article 3 to expand on the current outdoor dining standards,
introduce the requirement of sidewalk café licenses for outdoor dining in the public right-of-way, and create a downtown
entertainment district that allows for the open container of alcoholic beverages.

Financial Impact: None

Page 115 of 773

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF TUCKER, GEORGIA, FOR THE PURPOSE
OF AMENDING ARTICLE 3 OF CHAPTER 46: ZONING FOR TUCKER, GEORGIA, TO AMEND THE
DOWNTOWN DISTRICT REGULATIONS FOR OUTDOOR DINING STANDARDS AND TO CREATE A
DOWNTOWN ENTERTAINMENT DISTRICT.

WHEREAS, The Mayor and City Council desires to promote the public health, safety, and
general welfare of the citizens of the city; and

WHEREAS, the Mayor and City Council desires to maintain an aesthetically attractive
environment for the city’s residents, workers, and visitors and to improve aesthetics; and

WHEREAS, the Mayor and City Council desires to ensure the protection of free speech
rights under the Georgia and United States Constitutions; and

WHEREAS, the Mayor and City Council desires to provide for protection of the
constitutional rights and obligations of all citizens within the city; and

WHEREAS, the Mayor and City Council desires to provide clarity on existing regulations;
and

WHEREAS, the Mayor and City Council desires to implement a recommendation of the
Downtown Master Plan in order to attract new development and revitalization to the
downtown core; and

WHEREAS, the Mayor and City Council wish to amend Article 3, Division 2, Section 46-
998 to reformat this section and add additional regulations to the outdoor dining standards
within the Downtown Tucker Zoning Districts, as shown in Exhibit A; and

WHEREAS, the Mayor and City Council wish to amend Article 3, Division 2 to add Section
46-1001 to include the creation of and regulations for a downtown entertainment district
within the Downtown Tucker Zoning Districts, as shown in Exhibit A; and

WHEREAS, Notice to the public regarding said amendments have been duly published in
The Champion, the Official News Organ of Tucker; and

WHEREAS, A Public Hearing was held by the Mayor and City Council of Tucker on October
12, 2021 and November 8, 2021; and

WHEREAS, The Mayor and City Council is the governing authority for the City of
Tucker;

Page 116 of 773

NOW THEREFORE, the Mayor and City Council of the City of Tucker while in Regular Session on
November 8, 2021, hereby ordains and approves the amendment of Article 3 of Chapter 46, as
shown in Exhibit A.

So effective this 8th day of November 2021.

Approved by:

_________________________
Frank Auman, Mayor

Attest:

________________________
Bonnie Warne, City Clerk SEAL

Page 117 of 773

 PART II - CODE OF ORDINANCES
Chapter 46 - ZONING
ARTICLE III. - SPECIAL AND OVERLAY DISTRICT REGULATIONS
DIVISION 2. DOWNTOWN TUCKER ZONING DISTRICTS

DIVISION 2. DOWNTOWN TUCKER ZONING DISTRICTS

Sec. 46-998. Outdoor dining.

(a) General standards. The following applies to all outdoor dining, including on-site and when authorized
within a public right-of-way:
(1) All tables and chairs must be metal.
(2) Each umbrella canopy must be a single solid color. Different umbrellas may have a different colored
canopies.
(3) No signage may be placed on tables, chairs, or umbrellas.
(4) The hours of operation for the outdoor dining area may be no greater than that of the principal use.
(5) Outdoor dining shall not be located in required parking spaces.
(b) Outdoor dining in the Right-of-Way.
(1) It is unlawful to place outdoor dining in the public right-of-way without first obtaining a sidewalk
café license.
(2) A sidewalk café license is required to be renewed annually and is subject to an application process
set by the Planning and Zoning Director.
(3) Conditions of approval may be placed on the license by the Planning and Zoning Director to insure
the protection of the public right-of-way and the rights of all adjoining property owners and the
health, safety, and general welfare of the public.
(4) The outdoor dining area shall not extend beyond the width of the façade of the business.
(5) A 5 feet minimum pedestrian passageway shall be provided and maintained at all times.
(6) The outdoor dining area, including furnishings, shall be maintained in a clean, neat, and orderly
condition. All debris and litter shall be removed daily.
(7) Only tables, chairs, and umbrellas are permitted in the outdoor dining area.
(Ord. No. O2019-04-15, exh. A(3.2.18), 6-26-2019)

Sec. 46-1001. Downtown entertainment district.

Outside consumption of alcoholic beverages shall be permitted in the following area per the regulations listed
below:

(a)_ Definition of downtown district. The area of the city right-of-way bounded on the north by the northern right-
of-way line of Lynburn Drive (between Lavista and Main), then traveling south along the eastern right-of-way line
of Main Street, then traveling east along the northern right-of-way line of 1st Avenue, and then traveling south

Tucker, Georgia, Code of Ordinances Created: 2021-07-26 22:02:47 [EST]

(Supp. No. 9)

Page 1 of 2
Page 118 of 773
along the eastern right-of-way line of 4th Street, then traveling west along the southern right-of-way line of
Railroad Avenue, then traveling north along the western side of 2 nd Street, then traveling east along the northern
right-of-way line of 1st Avenue, then traveling north along the western right-of-way line along the alley towards
Lynburn to complete the entertainment district boundary.

(b) One drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption
on the premises or as a manufacturer is authorized to dispense an alcoholic beverage in a paper or plastic cup, or
other container other than a can, bottle, or glass, for removal from the premises; provided, however, that no
establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the
premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed
premises.

(c) Size limited to a maximum of 16 ounces. No container in which an alcoholic beverage is dispensed and removed
from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets
and sidewalks, in parks and squares, or in other public places within the defined area any open alcoholic beverage
container which exceeds 16 fluid ounces in size. Nothing set forth in this subsection shall be construed to permit
the possession of open alcoholic beverages in any public place within the downtown district except as otherwise
expressly authorized under this section.

(d) Drinking from can, bottle, or glass prohibited. It shall be unlawful for any person to drink or attempt to drink
any alcoholic beverage from a can, bottle, or glass, or to possess in an open can, bottle, or glass any alcoholic
beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private.

(e)Purchase from licensed premises within downtown district. Alcoholic beverages consumed pursuant to
this provision must be purchased from a licensed premises within the downtown district.

(f)Consumption limited to certain areas in downtown district. No alcoholic beverage purchased pursuant to
this provision may be consumed outside of the downtown district or upon any private property without
the express written consent of the property owners.

(g)Consumption hours. No alcoholic beverage purchased pursuant to this provision shall be consumed after 10:00
P.M. any night of the week, except when authorized by a special event permit issued by the city.

(h)Festivals; special events. Unless otherwise specified by this article or the terms of a special event permit
issued by the city, the provisions of this article shall also apply to special events and festivals.

Secs. 46-1003—46-1030. Reserved.

Created: 2021-07-26 22:02:47 [EST]

(Supp. No. 9)

Page 2 of 2
Page 119 of 773
 Oak
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Proposed District Boundary

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Tucker Downtown
Entertainment District
Page 120 of 773
Downtown Tucker
OPEN CONTAINER RECOMMENDATIONS
The City of Tucker does The proposed area is recommended to be
contained within a few blocks downtown and
not have an open container restricted to the following streets:
ordinance for Downtown. • Railroad Avenue from 2nd Street to 4th Street

Today, open containers are only allowed

during permitted special events. The proposed
• 2nd Street from Railroad Avenue to 1st Street
• 1st Avenue from 2nd Street to 4th Street
Downtown Festival at the Parsons
recommendations in this Master Plan would
allow open containers without a permit, but
• Main Street from Lynburn Drive to Railroad
Avenue
Alley in Duluth, GA
contained within a few blocks (highlighted
in blue on the facing map). The idea is to let
downtown patrons move easily between
restaurants and enjoy a bit of the outdoors while
sipping an alcoholic beverage.

Open container has become a big trend across

metro Atlanta. Neighboring cities such as
Smyrna, Acworth, Roswell, Powder Springs,
and Woodstock have in recent years, approved
for open containers areas in their downtowns.
The City of Smyrna believes this will encourage
residents to enjoy the comfort and beauty
of their downtown, as well as encourage the
additional support of local businesses by
residents and visitors.

Benefits of having an Open Container Policy for

a specified area in Downtown Tucker:
• Attract new development and revitalization
to downtown core
• Enhance vibrancy and street life Allowing open containers at select times will spark
urban renewal and allow citizens to have responsible
• Increase the number of festivals and fun outdoors
improve the night-life
• Clarity for police enforcement

94 Tucker Downtown Master Plan Page 121 of 773

Proposed Open Container Boundary ProposedOpen
OpenContainer
ContainerBoundary
Boundary Map

Tucker High United

School Methodist
Church

First Baptist
Church

Tucker City
Hall

Local 7

Matthew’s
Cafeteria

Cofer
Brothers

Staples

Tucker Middle
School

Page 122 of 773 Tucker Downtown Master Plan 95