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<br /> 0 <br /> Committee on Public Works <br /> Comm. 229, Basils <br /> Page 2 <br /> 1. Section 281-78 (a) clearly states that no liquor shall be <br /> consumed on a public sidewalk. The commission would be <br /> remiss if it grants an increase of a licensed premises to a <br /> public sidewalk, contrary to the intent of Chapter 281. Even <br /> if the licensee indicates it will not serve liquor, the <br /> increased area would still be a licensed premises and subject <br /> to compliance to liquor laws. <br /> 2. Pursuant to Rule 4-2-7 of the Rules and Regulations of <br /> the Liquor Commission, the application for an increase of the <br /> premises further requires that the applicant have full <br /> possession and control of the premises. As is currently <br /> presented, the proposal appears to only seek use of the area, <br /> and mention is made that the county be named an additional <br /> -insured. There is no document, such as a lease, which <br /> indicates that Basils has full possession or control of the <br /> premises. <br /> 3. In all dealings by our department which relate to county <br /> property, a primary goal for any action we take is to minimize <br /> county liability. A liquor licensee is governed by a myriad <br /> of laws which extends greater liability to a liquor licensee <br /> than many other businesses. We have investigated incidents <br /> which have been the basis of civil suits, even though there <br /> has been no apparent liquor violation. Examples which are <br /> common to licensed premises include injuries to persons based <br /> on disorderly conduct or conduct by an intoxicated person, <br /> whether or not the intoxicated person consumed liquor on the <br /> premises. We believe that the county and its taxpayers should <br /> not be subjected to extended liability which may stem from the <br /> private use of a public sidewalk. The consideration of this <br /> request for use of a premises may set an undesirable precedent <br /> for other properties adjacent to county property who may <br /> desire like standing. <br /> We respectfully request that you deny the request as stated in <br /> Communication 229. <br /> Sincerely, <br /> Janice A. Pakele <br /> JA:~:s <br /> enc:. <br /> cc. Richard Wurdeman, Corporation Counsel <br /> Liquor Commission <br /> <br />