#4 License Agenda
JANESVILLE CITY COUNCIL
LICENSE AGENDA
3/26/2012
RECOMMENDED
A. SECONDHAND JEWELRY DEALER–ORIGINAL
Mohammad S. Qattum d/b/a The Gold Spot 3000 Milton Ave., Suite 113
B. APPLICATION FOR A CLASS B LICENSE AMENDMENT TO ALLOW EXPANSION OF OUTDOOR
SEATING TO INCLUDE AUDIO MEMORIAL DAY WEEKEND THROUGH LABOR DAY WEEKEND ON
SATURDAYS FROM 2:00 P.M. TO 6:00 P.M.
Hammy’s, Inc. d/b/a Hammy’s Roadside Bar 2131 Center Ave.
Jessica A. Tadder
Community Development Department Memorandum
Date: March 26, 2012
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Application for a Class B license amendment to allow expansion of
outdoor seating to include audio Memorial Day weekend through Labor
Day weekend on Saturdays from 2:00 PM to 6:00 PM. Hammy’s Inc.
d/b/a Hammy’s Roadside Bar; 2131 Center Ave.
SUMMARY
Community Development Staff received a request to construct a roof-structure on an
existing outdoor patio on property located at 2131 Center Avenue (Hammy’s Roadside
Bar). The roof-structure request is coincidental to the bar owner’s request to amend a
Class B liquor license to allow outdoor music in the existing outdoor patio area. The
roof-structure, as proposed, would partially cover the existing fenced-in patio area and
is intended to provide a covered area where outdoor music would be provided. While
reviewing the proposed roof-structure, Staff requested information regarding a portion of
the fence which included “sound deadening” material. The intent of that request was to
determine if the material met the Building and Fire Code requirements.
At the March 12, 2012, City Council meeting, the Council postponed action on the
amendment of the liquor license to allow staff more time to review whether the material
was appropriate for dampening sound. Staff does not believe the material as designed
with the fence will significantly dampen sound; however, staff worked with the applicant
to conduct a series of sound tests at the site to determine the impact of outdoor music.
The sound tests indicated that there does not appear to be a significant increase in
noise with outdoor music over the ambient noise level (e.g. street noise). Therefore,
Staff recommends approval of the amendment to the Class B liquor license for outdoor
music at 2131 Center Avenue provided that the amendment is temporary for the
summer of 2012.
DEPARTMENT RECOMMENDATION
The Community Development Department recommends that the Class B liquor license
for Hammy’s Roadside Bar (2131 Center Avenue) be amended to allow for outdoor
music beginning Memorial Day weekend and ending Labor Day weekend each
Saturday between the hours of 2:00 PM and 6:00 PM provided that the amendment is
temporary for the summer of 2012.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Community Development Department
recommendation that it is a temporary amendment for the summer of 2012 to evaluate
any impacts to the neighborhood.
SUGGESTED MOTION
A motion to amend a Class B liquor license for property located at 2131 Center Avenue
(Hammy’s Roadside Bar) to allow for outdoor music beginning Memorial Day weekend
and ending Labor Day weekend each Saturday between the hours of 2:00 PM and 6:00
PM provided that the amendment is temporary for the summer of 2012.
ANALYSIS
A. On June 9, 2008, the City Council voted to approve an amendment to Hammy’s
Class B liquor license to allow an expansion of their liquor area to an outdoor seating
area provided that outdoor music is prohibited. The applicant constructed and has
been utilizing a patio in the rear of the building which is approximately 1,025 square
feet in size and is enclosed with a 6-foot fence.
B. Staff met with the applicant to discuss their request to construct a roof structure over
a portion of the existing patio where they would like to provide outdoor music. The
site plan indicates the roof structure would be approximately 480 square feet in size
Exhibit 1
and be attached to the exterior of the building (See ). Staff worked with the
applicant to ensure that the roof structure would meet State and City outdoor
smoking regulations and that all outdoor materials would meet the City’s Fire Code,
including the portion of the fence which was identified as “sound deadening”
material.
C. Prior to the March 12, 2012 City Council meeting, the applicant submitted a material
information sheet which indicated the material would be a foam insulation material
installed and encapsulated between two wood cedar panels. This construction
method would meet the Building and Fire Code requirements. Staff did not review
this material for its sound dampening properties and did not require the applicants to
include such materials as part of their request.
D. Staff does not believe the placement of insulation between two hard-surfaced wood
panels would provide any significant dampening or absorption of sound. However,
Staff has worked with the applicant to test the noise levels with and without outdoor
music at different locations on their site.
E. The tests were conducted on Wednesday, March 14 at 2:00 PM, without outdoor
music, and at 6:00 PM, with outdoor music. The applicant indicated that at each test
time, there were approximately 15 people within the patio area at the rear of the
building. The test with outdoor music included a musician hooked up to a speaker in
the location proposed for outdoor music on the rear patio area. The results of the
Exhibit 2
two tests are shown on . Staff does not believe there is a significant
increase in noise with outdoor music over the ambient noise level to require further
analysis or further improvement materials of sound mitigating to be included within
the area where outdoor music has been proposed.
F. Staff recommends that the Class B liquor license for Hammy’s Roadside Bar be
amended to allow for outdoor music beginning Memorial Day weekend and ending
Labor Day weekend each Saturday between the hours of 2:00 PM and 6:00 PM
provided that the amendment is temporary for the summer of 2012. A temporary
amendment would allow Staff to further evaluate any potential negative impacts
associated with outdoor music on the neighborhood. Additionally, the sound test
results indicate that the surrounding properties would not be negatively impacted by
outdoor music if the music is located in the rear patio area on the subject site. The
Council could further limit the impact of outdoor music at this site by limiting the
height of outdoor speakers to not exceed the height of the existing fence and that
the speakers face north. Finally, this request for outdoor music is only proposed to
occur Saturday afternoons from 2:00 PM to 6:00 PM over the summer.
cc: Gale Price