A walk downtown on the avenues downtown may be a little less congested in the future, but the tradeoff could be fewer options for outdoor dining.

After receiving some complaints, the city of Venice is in the midst of reviewing the zoning code provisions that cover outdoor displays and open-air cafes.

"They have made me the poster child for their new enforcement campaign," said Michael Meerman of James Place Island Grill.

He met with the engineering, planning and code enforcement team of Venice Wednesday and said he is sorry that they have chosen to use his restaurant as an example for creating new standards about outdoor dining.

"I support the fact that they are trying to make a positive change," he said. "But their documentation is not complete or accurate, and their files just don't contain the correct communications needed for them to just go out and become code enforcers."

Meerman might be right about the documentation, according to Nancy Woodley, general manager of development services.

"We are re-evaluating the open-air cafe permits and reviewing them so that we can be clear about what the permits allow and don't allow," she said.

Woodley and the city manager's staff are in the process of updating all information regarding ownership, operators and physical dimensions for the downtown area as well as other business districts throughout Venice.

"It is a slow, methodical process," Woodley said.

'Like Switzerland'

The re-evaluation was brought about by two complaints, one from a pedestrian and another from a merchant.

"When we receive a complaint, we have to investigate it," said Roger Clark of the zoning office.

On Oct. 20 Susan Nelson, owner of the Straw Hat, 101 W. Venice Ave., contacted the city and asked that the walkway at James Place Island Grill, 117 W. Venice Ave., be opened up for pedestrian use.

"People thought my shop was closed because customers could not get through his outside tables," she said. "At times, the walkway was totally blocked off."

After her complaint, Nelson herself was cited on Nov. 8 for having outdoor merchandise and for not having a permit for her display of spinners outside her business.

"A pedestrian complained that one of the spinners hit them in the arm," Woodley said.

Woodley said that when the department goes out to investigate a complaint, it usually gets additional complaints. The field enforcement crew then has to investigate the additional information.

"We are like Switzerland," Woodley said. "We don't play favorites and respond as best we can."

When the cityy investigated James Place Island Grill the inspector found out that city files did not accurately reflect the new operator, James Meerman, and his recent permit for outdoor tables.

Measuring

Field crews will be measuring open-air dining areas to get an up-to-date scale drawings of all downtown restaurants in the next few months.

City engineering staff will be doing the measuring between 7 a.m. and 8 a.m. so they do not disturb daily business operations, she said. They plan to compare the new information with existing permits and insurance information, then use the data to update existing files.

"We plan to have a meeting with (Venice) MainStreet in the near future so that we can educate them about the things that can and cannot be allowed," Woodley said. "The tables have to have a 44-inch clearance in the walkway."

Part of the evaluation process is to assure that open-air cafes carry liability insurance, with the city of Venice named as an dditional insured.

"We have to make sure that the sidewalk cafes not only have the proper permits, but are properly insured," Woodley said. "We have had several cases in the past where the city has been sued because a pedestrian has tripped on the public right of way."

Current city code:

Sec. 62-121-Activities requiring a permit:

1 - Any parade, march, procession or special event.

2 - Any fair, show, festival, exhibition or special event.

3 - The display and/or sale of any merchandise.

4 - The display of any sign permitted in the zoning regulations.

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