Calistoga Winery Challenges City Regulations to Maintain Outdoor Seating

The wine tasting venue in Calistoga known for its innovative robotic arm for serving wine is currently entangled in legal issues, as it strives to conduct its business along Lincoln Avenue which extends along the Highway 29 corridor in Napa Valley.

The establishment, Maria Concetto Winery, was penalized $1,900 by local authorities for engaging in wine promotion and service on the sidewalks and the street, actions deemed violations by municipal and state regulations.

Local laws prohibit the consumption of alcohol in public spaces, with enforcement based on public complaints, though it’s permitted on private premises, like a brewery that operates along the same avenue.

Over several months, various complaints have been lodged with the municipality against the winery. Some grievances last October were about marketing signs placed on a truck parked by the winery, blamed for reducing available parking for downtown diners and shoppers. Issues were also raised regarding noise and the placement of patio furniture on sidewalks.

But as the city points to broader concerns, the address of the wine tasting room on Lincoln Avenue seems to fall on state-owned land—a “right of way” that the city would have to formally lease from the state to allow local businesses, including eateries, to utilize the sidewalk for non-transportational purposes.

A requested appeal hearing for tasting room owner Maria Reznikova was deferred to a later date this Wednesday, allowing the Calistoga Police Department time to look into the issue further. Another hearing is anticipated to happen within the coming weeks.

Reznikova has expressed her frustration regarding the ongoing complaints, fines, and warnings. Just this Tuesday, her application for a hardship waiver was rejected by the city.

“It’s unfortunate. I’m just trying to survive,” stated Reznikova. She contends that her business is subjected to “discrimination” as she observes other establishments freely setting up tables and chairs outside for their food and beverage services.

The city refutes the allegations.

Officials from the city indicated via email that the practices of other establishments are irrelevant to the decision-making process for the newly opened tasting room and required immediate full payment prior to the establishment’s hearing.

Fines as per City Code Section 1.28.010 include $100 for the first violation, $200 for the second, and $500 for each subsequent violation.

Earlier in the year, the City Council considered negotiating with the state government on a proposal to permit outdoor dining and the use of parklets, which became prominent across the North Bay during the pandemic.

At that time, to support restaurants and bars suffering from decreased patronage due to the crisis, cities permitted temporary extensions into public spaces. This phenomenon transformed many cityscapes into Paris-like scenes with widespread outdoor dining.

However, the situation has evolved. Last spring, the city of Calistoga opted not to continue its outdoor dining arrangements, with city Fire Chief Jed Matcham highlighting their removal.

The presence of these dining spaces on a state highway posed additional challenges.

“The regulations and rules of Caltrans, which owns the sidewalks along Lincoln Avenue, do not permit the service of food and alcohol,” Matchog said.

On Lincoln Avenue, other establishments with sidewalk seating such as tables and chairs could also face fines, according to the police chief. He clarified that the allowed usage includes patrons who purchase coffee and sit at the tables without receiving table service.

However, offering full outdoor dining services involves additional regulations.

“Generally, for use of the public right of way, businesses must obtain an encroachment permit. We don’t typically send detectives to verify compliance,” explained Bart Ney, a spokesman for Caltrans North Bay district. He expressed sympathy for the businesses, commending their initiative.

Calistoga joins other cities that have faced challenges in aligning local business practices with state regulations under Caltrans oversight.

Sebastopol is intersected by two major state highways. These highways exist under various names, adding to the complexity.

Highway 116 is also known as Gravenstein Highway, north and south, but it also goes by Petaluma Avenue and Main Street, in the northern and southern segments respectively.

Additionally, Highway 12 runs through the city, known locally as Sebastopol Avenue.

“One of the primary issues with having two major roads under state management is that the state holds the ultimate responsibility and control over these highways,” explained Mario Landeros, a civil engineer who has been working with the city since 2022.

“These state highways were designed for public domain and convenience for the transportation of goods and people. But the pandemic triggered a lot of things — that we need to think outside the box, and we began to look for ways to go out into the streets,” Landeros said.

The city engineer mentioned that if Sebastopol intends for its businesses to extend into the public right of way, it would need to develop plans and guidelines addressing “liability and safety issues.”

Following a request from a business around a year ago to set up outdoor dining on the state highway, the West County city concluded the business would need to adhere to specific guidelines and cover the cost the city pays to the state. This expense totals $500 monthly, as per Landeros.

Different regions vary in their stance on outdoor dining. The city of Sonoma decided against the business model, disappointing El Dorado Kitchen. This restaurant in Sonoma Square was compelled to dismantle its parklet.

While certain cities like Petaluma are still fine-tuning their sidewalk dining setups, other local governments have fully adopted the concepts of parklets and open-air dining. This is despite the fact that most do not have to deal with state-managed roads.

In northern Sonoma County, Healdsburg has formulated an explicit strategy. Recognized as a prime destination for tourists, the city now oversees 18 parklets.

“They are very successful, and the community is very supportive,” stated Larry Zimmer, the Director of Public Works in Healdsburg.

Similarly, Santa Rosa has embraced the concept of parklets, establishing a program that allows businesses to transform three temporary parklets into permanent ones, with expectations for more in the future.

Located in the heart of Napa Valley, the town of Napa is home to 14 parklets.

“We have set up licensing requirements and design guidelines that cost $1,000 annually. It’s a favorable arrangement,” commented Napa’s Community Development Director, Vin Smith.

Erin Riley, owner of Be Bubbly and an early supporter of the parklets in Napa, possesses both parklet and adjacent sidewalk seating, which she has enhanced over time.

“Having both the parklet and sidewalk seating is fine as long as there’s a passage between them,” Riley mentioned. “However, I think the level of concern about seating arrangements has decreased post-pandemic. Adaptation is key.”

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