By BECKY KISER
Hays Post
During a robust 90-minute discussion Thursday, Hays city commissioners generally agreed to a one-year trial plan for allowing outdoor "streateries" in Hays.
A streatery is an open space constructed in a parking lane to be used as an extension of, and connected visually to, a nearby restaurant or bar for use by the establishment's patrons.
"The concept has existed in the United States for more than a decade," said Collin Bielser, assistant city manager, "and became prevalent during the COVID-19 pandemic to creatively accommodate social distancing requirements and address the economic impact. Municipalities began allowing restaurants to extend their dining space into the public right-of-way, particularly into adjacent parking stalls."
The Hays streatery idea originated during the commissioners' annual retreat earlier this spring in Salina.
Part of the research Bielser presented to the commission this week included streateries operating in Lawrence and Manhattan.
Commissioners agreed to several initial guidelines for a Hays streatery policy including:
- Alcohol Consumption-Would be allowed within Kansas Alcoholic Beverage Control (ABC) rules.
- Location-Allowed anywhere in the city where off-street parking is not available or provided by the business, and the business does not already have access to private property to accommodate outdoor dining.
- Size of Streatery-One parking stall per approved business with no buffer zone; Businesses can also use the adjacent sidewalk although ADA (Americans with Disabilities Act) access must be maintained.
- Use-Restaurants and bars are the only types of business allowed.
- Season-April 1st – Oct. 31st
- Structure and Safety-Can be located directly on the pavement or a platform; Unacceptable construction materials include wood pallets, snow fence, or picket fencing
Outdoor consumption of alcohol in Hays is prohibited except in public parks. For consumption in a streatery, the business would have to apply to the state for a temporary extension of its premise for its liquor license. A new city ordinance would also have to be approved.
Justin Whyte, Hays area ABC enforcement agent, and Don Scheibler, police chief, were on hand to answer questions about the intricacies of Kansas liquor laws.
A customer would not be allowed to walk between streateries with an alcoholic beverage.
"If I'm in town, we enforce that. But it's not (the customer) who gets in trouble, it's the licensee," Whyte explained.
"A (painted) line of demarcation says a reasonable person would know I can't go beyond this line with that alcohol," Whyte explained. "It is up to the establishment though to police themselves."
Parallel parking stalls in Hays are 8 ft. wide and 20 ft. long.
"Compared to if you were figuring out occupancy for an indoor restaurant, you could fit 11 people in one full stall," Bielser said. "Of course, that's dependent on chairs and where they're positioned."
Angle parking dimensions are 20 ft. by 12 ft., allowing up to 16 people in each stall.
The perception of limited parking spaces in downtown Hays was noted in a letter submitted by Sara Bloom, exec. dir. of Downtown Hays Development Corp.
"The overwhelming response we received (in an informal survey) was that the community favors this concept," Bloom wrote. "Business owners were also of that opinion; however, they presented concerns regarding lost parking and downtown's current perceived parking issues."
Bielser said staff is also recommending businesses be required to show proof of insurance.
"Staff recommends the city attorney draft proper language and coverage limits to protect the city against any claims that may arise from using public parking stalls as streateries."
Commissioners also agreed to allow outdoor dining on sidewalks as long as ADA access and ABC compliance are met.
Sandy Jacobs, who said she loves outdoor dining, suggested the trial program.
"Let's give it a try this summer. ... If that were available to me and wind wasn't blowing 80 miles an hour, I'd be sitting outside every time."
She had not been contacted by any downtown eateries that were interested in the program.
"I don't know if it'll be conducive in this community, if people really want to do it," Jacobs added.
Shaun Musil, who owns the downtown Paisley Pear Wine Bar, Bistro and Market, wondered if the investment costs would be worth it to the restaurant and bars.
"I reached out to three different businesses downtown and asked for their thoughts. They're biggest thing was how much was it going to cost them. What are you going to gain in sales because it's gonna cost $5,000. Is it going to double your sales?" he said.
If an ordinance eventually passes, Musil said he's unsure whether he would create a streatery for the Paisley Pear.
A draft policy will be brought back to the commission for further discussion at a future work session.