HomeMy WebLinkAboutResolution 2020-20 06/15/2020
CITY OF SPRINGFIELD, OREGON
RESOLUTION NO. ___________
A RESOLUTION AMENDING RESOLUTION 2020-05 TO ADOPT SPECIAL REGULATIONS FOR
TEMPORARY FOOD AND BEVERAGE PERMITS DURING THE COVID-19 PANDEMIC
WHEREAS, ORS 401.305 provides authority for the City of Springfield to act as an emergency
management agency, including authority to establish policies and protocols for defining and directing
responsibilities during the time of emergency;
WHEREAS, the City of Springfield has enacted a local Ordinance (SMC 2.800 et seq.) pursuant to the
authority granted by ORS Chapter 401 that provides for executive responsibility in times of emergency;
WHEREAS, on March 16, 2020, the Common Council of the City of Springfield adopted Resolution
2020-05 declaring a state of emergency due to the present COVID-19 pandemic and adopting certain
special regulations imposed as a result of the state of emergency;
WHEREAS, on May 4, 2020, the Common Council adopted Resolution 2020-13 and extending the
state of emergency due to the COVID-19 pandemic and adopting additional special regulations as a
result of the state of emergency;
WHEREAS, on May 2020, the Governor adopted Executive Order 20-25 authorizing the gradual
phased reopening of the Oregon economy, including but not limited to physical distancing requirements
that apply to food and beverage establishments that resume on-premises dining; and
WHEREAS,
physical distancing requirements, the City Council has determined that it is necessary to expand the
ecial Event permits under Chapter 7 of the Springfield
Municipal Code to temporarily allow food and beverage service in public rights-of-way, private parking
areas, and other areas under private control,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD:
Section 1. Section 5 of Resolution 2020-05 is amended to add the additional follow special
regulations:
following special regulations allow the City Manager or designee to issue temporary
permits for the service of food or beverage in the public rights-of-way, private parking
areas, or other areas under private control:
A.The City Manager or designee may issue a revocable Sidewalk Café permit to allow the
service of food or beverage within public right-of-way under the conditions specified in
SMC 7.900, regardless of whether the subject property is located inside the Downtown
District as defined in SMC 7.902. Sidewalk café permits issued under this special
regulation are not subject to the requirements in SMC 7.904-7.908, but are subject to
any permit requirements promulgated by the City Manager under section C below.
B.The City Manager or designee may issue a revocable Special Event permit to allow the
service of food or beverage within private parking areas or other areas under private
control, regardless of whether the use falls within the definition of a special event.
Permits issued under this special regulation are not subject to the requirements in SMC
7.404-7.408, but are subject to any permit requirements promulgated by the City
Manager under Section C below.
C.The City Manager may impose requirements for permits issued under Sections A and B
above. These requirements may include restrictions on the duration, location, and
arrangement of seating areas; requirements to provide proof of insurance and a hold
harmless agreement; and any additional requirements needed to protect public health
xecutive orders.
D.The City Manager or designee may deny a permit application or may revoke any permit
issued under Sections A and B above if the permittee fails to comply with any permit
requirement, if necessary to address a public health or safety risk, or upon termination
or expiration of the executive orders requiring physical distancing at food and beverage
establishments.
E.Permits issued under Sections A and B are effective as long as these special regulations
remain in effect, unless earlier revoked by the City Manager pursuant to Section D.
Section 2: Section 1 of Resolution 2020-05 is hereby amended to state:
The development of temporary health care facilities and other public or private facilities
needed for emergency response to COVID-19 are emergency measures necessary for the safety
or protection of life or property under Springfield Development Code 5. 1- 110.B. In addition,
site modifications to existing establishments that are pursuant to a permit issued under Section
4 of this Resolution are emergency measures necessary for public safety during the COVID-19
emergency. The Director of the Community Development Division of the Development and
Public Works Department may temporarily exempt any such emergency facilities or food and
drink establishments from development review, provided that any facilities or site modifications
that remain in place after the termination of the state of emergency may be required to obtain
development approval retroactively
Section 3: This Resolution will take effect upon adoption by the Council and approval by the
Mayor.
APPROVED this ________ day of June, 2020, by a vote of _____ in favor and ______ against.
_______________________________
Mayor
ATTEST:
_____________________________
City Recorder
6/12/2020
Resolution No. 2020-20