City of Monroe, WI Chapter 3-9 Sidewalk Cafes and Streateries

§ 3-9-1 Purpose.

[4-5-2006; 2016 Code; amended 9-8-2020]

To further encourage the revitalization of the downtown of the City, including the development of social and economic activity, the Council finds and determines:

(A) That there exists a need for outdoor eating facilities in certain areas of the downtown to provide a unique environment for relaxation, social interaction, and food consumption.

(B) That sidewalk cafes and streateries will permit enhanced use of the available public rights-of-way, will complement the restaurants operating from fixed premises, and will promote economic activity in the downtown.

(C) That the existence of sidewalk cafes encourages additional pedestrian traffic, and their presence may impede the free and safe flow of pedestrians. Therefore, a need exists for regulations and standards for the existence and operation of sidewalk cafes to ensure a safe environment.

(D) That business owners in the downtown of the City have limited options to expand outdoor dining onto sidewalks or elsewhere on their private property and are interested in utilizing adjacent on-street parking spaces within the public right-of-way, and, therefore, there is a need to expand sidewalk cafe to include streatery dining.

(E) That the establishment of permit conditions and safety standards for sidewalk cafes and streateries is necessary to protect and promote public health, safety, and welfare.

§ 3-9-2 Definitions.

[4-5-2006; 2016 Code]

In this chapter:

DOWNTOWN

Means all territory lying within the business improvement district.

SIDEWALK CAFE

Means an outdoor dining area that is located on part of the public right-of-way and is designed and used for the consumption of food or beverages prepared and served by a business establishment that immediately adjoins such area in which such food and beverages are also served.

STREATERIE

The expansion of a sidewalk cafe permit to allow a business to expand outdoor dining areas to include the on-street parking spaces in the right-of-way adjacent to such business.

[Added 9-8-2020]

§ 3-9-3 Sidewalk cafe permit.

[4-5-2006; 2-6-2007; 2016 Code]

The owner or lessee of real property located in the downtown may be issued a permit allowing operation of a sidewalk cafe. Chapter 7 of this title shall not apply to the holder of a sidewalk cafe permit operating within the sidewalk cafe.

(A) Application. Before a permit may be issued, there shall be submitted to the city clerk a fully completed application for sidewalk cafe permit on a form provided by the city clerk. Included with such application shall be the following:

(1) A copy of a current certificate of insurance in the amount and categories required by this chapter.

(2) A site plan, drawn to a scale of approximately 1/8" = 1', on 8 1/2" x 11" paper, suitable for reproduction, which accurately depicts the dimensions of the sidewalk area and adjacent private property, the proposed location of the sidewalk cafe, size and number of tables, chairs, steps, planters, and umbrellas, location of doorways, trees, parking meters, sidewalk benches, trash receptacles, and any other sidewalk obstructions, either existing or proposed, within the sidewalk area. Included with the site plan shall be photographs, drawings, or manufacturer's brochures fully describing the appearance and dimensions of all proposed tables, chairs, umbrellas or other objects related to the sidewalk cafe. The unobstructed pedestrian pathway required by this code shall be clearly shown on the site plan. If a sidewalk cafe permit is issued, the site plan shall be attached to and made a part of such permit.

(3) A non-refundable application fee in an amount established from time to time by resolution of the council.

(B) Approval of permit and term: The City Clerk or its designee shall review each complete application to determine whether the applicant has adequately demonstrated that the applicant has complied with those items set forth in this chapter and may conduct such investigation into the content of the application as considered necessary. If the City Clerk or its designee determines that the application should be approved, then the license application shall be placed on the Council’s consent agenda for final approval. If the City Clerk or its designee determines that the application should not be approved, the City Clerk or designee may administratively deny such application or refer the application to the appropriate committee to consider such application. Failure by the City Clerk or its designee to approve or deny an application within 30 days of submission shall be considered a denial, unless such action has already been referred to the appropriate committee. Any denial by the City Clerk or its designee may be appealed to the appropriate committee for review as long as such appeal has been made in writing to the City Clerk within 30 days of the notice of denial. Each permit shall be effective for one year, from July 1 through June 30.

[Amended 10-15-2018]

(C) Transfer of permit. The permit issued may be transferred to a new owner. The transferred permit shall be valid only for the remainder of the period for which it was originally issued. A new certificate of insurance must be filed with the city within 30 days of the permit transfer.

(D) Permit fees. The application fee for an initial sidewalk cafe permit and the annual renewal fee for such permit, with or without an alcohol license expansion, shall be in an amount established from time to time by resolution of the council.

(E) Sidewalk cafe standards. The following standards, criteria, conditions, and restrictions shall apply to all sidewalk cafes, provided however, that the city administrator or his or her designee may impose additional conditions and restrictions to protect and promote the public health, safety, or welfare, to prevent a nuisance from developing or continuing, and to comply with this chapter, other provisions of the this code, and applicable state and federal laws.

(1) Proximity to property of permit holder. Sidewalk cafes are restricted to the public right-of-way immediately adjacent to and extending perpendicular to the curb from the front facade of the real property owned or leased by the person or entity to which the permit is issued. With the express written consent of the owner of property located next to the property owned or leased by the sidewalk cafe permit holder the description of the sidewalk cafe may be expanded to include all or part of the public right-of-way immediately adjacent to and extending perpendicular to the curb from the front facade of the real property of the person or entity who has granted such permission.

(2) Placement of equipment. Tables, chairs, umbrellas, signs or other fixtures in the sidewalk cafe:

A) Shall not be placed or allowed to remain within two feet of parking meters, trash receptacles, taxi stands, fire hydrants, alleys, bike racks, a pedestrian crosswalk or a corner curb cut.

B) Shall not be placed or allowed to remain closer than two feet from the inner curb line.

C) Shall not be placed or allowed to remain within an area extending in all directions from the center of any entry or exit door a distance of two feet plus one-half of the width of the entry or exit door.

D) Shall not block designated ingress, egress, or fire exits from or to any structures, including the business establishment that operates the sidewalk cafe.

E) Shall be readily removable and shall not be physically attached, chained or in any manner affixed to any structure, tree, post sign, or other fixture, curb, or sidewalk.

F) Shall be maintained in a clean, sanitary and safe manner.

(3) Pedestrian pathway required. Sidewalk cafes shall be located in such a manner that a distance of not less than five feet is maintained at all times as a clear and unobstructed pedestrian path. For the minimum clear path, parking meters, traffic signs, trees, trash receptacles and all similar obstacles shall be considered obstructions.

(4) Maintenance of sidewalk cafe. The sidewalk cafe, along with the sidewalk and roadway immediately adjacent to it, shall be maintained in a neat and orderly manner at all times. Debris shall be removed as required during the day and again at the close of each business day. All debris and refuse generated by patrons of the sidewalk cafe shall be disposed of in receptacles provided by the holder of the sidewalk cafe permit and shall not be disposed of in publicly maintained trash receptacles.

(5) Plant tubs. Plant tubs may be located in the sidewalk cafe with the approval of the city administrator or his or her designee. Plant tubs shall be maintained in a safe, neat, clean, and presentable manner.

(6) Umbrellas and decorative materials. Umbrellas and other decorative materials shall be treated wood, canvas, cloth, or similar material that is manufactured to be fire-resistant. Umbrellas shall only be permitted if made an integral part of a table and no portion of an umbrella framework shall extend beyond a vertical plane at the boundary of the sidewalk cafe, at edges of the required pedestrian path or at the outer edges of the minimum clearances required from other structures or facilities, unless that portion that extends beyond such vertical plane is at least 7 1/2 feet above the sidewalk immediately beneath it. Umbrellas and other decorative materials shall be placed in a manner that does not significantly obstruct the view of any neighboring traffic control or business signs.

(7) Signs. Signs used in conjunction with the sidewalk cafe shall be placed within the sidewalk cafe and shall conform to the following:

A) Any non-temporary sign shall be designed, constructed, erected, and maintained to withstand horizontal wind pressures of not less than 30 pounds per square foot.

B) Any temporary sign shall be attached to supports so as to withstand horizontal wind pressures of not less than 30 pounds per square foot.

C) Each sign shall be constructed and placed so as to not adversely affect or inhibit the safe and efficient movement of pedestrians and motorists.

D) Signs shall not create or add to sign clutter due to the display of an inordinate number of signs which overwhelms those viewing an area.

E) Signs shall be compatible with the street setting and neighborhood character and enhance the appearance of the streetscape.

F) Signs shall be compatible with surrounding ground signs in terms of height, location, copy area and type of illumination and shall not obstruct the view of any surrounding signs.

(8) Food preparation or storage prohibited. No food preparation, food storage, refrigeration apparatus, or equipment shall be allowed in the sidewalk cafe.

(9) Amplified sound prohibited. No amplified sound shall be allowed in the sidewalk cafe unless authorized as part of a special event.

(10) Site plan to be available at all times. A copy of the site plan, as approved in conjunction with the current sidewalk cafe permit, shall be maintained on the permittee's premises and shall be available for inspection by city personnel at all times.

(11) Applicable only to public right-of-way. The sidewalk cafe permit covers only the public right-of-way described in the permit.

(12) Hours of operation. Sidewalk cafes shall not operate after 12:01 AM or before 6:00 AM.

(F) Non-exclusive use of public right-of-way within sidewalk cafe. Except as otherwise provided in this chapter, use of a portion of the public right-of-way as a sidewalk cafe shall not be exclusive.

(1) Public improvements. All public improvements, including, but not limited to trees, light poles, parking meters, traffic signals, pull boxes, or manholes, or any public initiated maintenance procedures, shall take precedence over use of the public right-of-way as a sidewalk cafe.

(2) Private improvements. All private improvements within a sidewalk cafe, including but not limited to tables, chairs, benches and signs, shall remain private property under control of the holder of the sidewalk cafe permit and no person shall occupy or use such improvements without the consent of the holder of such permit, or his or her designee.

(3) Use by general public limited. Upon issuance of a permit authorizing a sidewalk cafe every provision of the this code governing use of a sidewalk, other than this chapter, shall apply only to the unobstructed pedestrian pathway portion of the sidewalk cafe shown on the site plan. Pedestrians may walk between tables, chairs benches or other private improvements in a sidewalk cafe for the temporary and momentary purpose of entering and exiting a vehicle parked on the adjoining street or gaining access to public improvements such as parking meters, trash receptacles or similar facilities, provided however, if a pathway has been designated for this purpose pedestrians shall use such pathway.

(4) Authority of chief of police. The chief of police or his or her designee may order the removal of the sidewalk cafe for public health and safety purposes. The city, its officers and employees, shall not be responsible for sidewalk cafe fixtures that are relocated or damaged.

(5) Special event. A permit issued under this chapter shall be suspended during a special event if the permit issued for such special event so states.

(G) Liability and insurance. As a condition of issuance of a sidewalk cafe permit, the permittee shall agree to indemnify, defend, save, and hold harmless the city, its officers and employees, from claims, liability, lawsuits, damages, and causes of action, which may arise out of the permit or the permittee's activity on the sidewalk cafe. In addition, the permittee shall:

(1) Obtain commercial liability insurance for at least $1,000,000 per occurrence for bodily injury and property damage, with the city named as an additional insured, with coverage including the area and operations of the sidewalk cafe.

(2) Provide the city with an original certificate of insurance as evidence that the requirements set forth in this section have been met before commencing operations of a sidewalk cafe.

(H) Penalty. Any person who shall violate any provision of this chapter shall upon conviction be subject to a Class 2 forfeiture. A separate offense exists each calendar day during which a violation occurs or continues.

§ 3-9-4 Streatery permit.

[Added 9-8-2020]

The owner or lessee of real property located in the downtown who has been issued a sidewalk cafe permit may be issued a streatery permit allowing operation of a streatery. Unless specified otherwise in this section, all administrative processes, rules and conditions for obtaining and operation of a sidewalk cafe as stated in § 3-9-3 shall be incorporated by reference and shall be applicable to obtaining a streatery permit and the operation of the streatery dining area.

(A) Application. Before a permit may be issued, there shall be submitted to the City Clerk a fully completed application for a streatery permit on a form provided by the City Clerk. Included with such application shall be the following:

(1) A copy of a current certificate of insurance in the amount and categories required by this chapter with an acknowledgment that the insurance company is aware that such coverage is proposed to be for on-street parking spaces within the public right-of-way.

(2) A site plan, drawn to a scale of approximately 1/8 inch equals one foot, on eight-and-one-half-inch-by-eleven-inch paper, suitable for reproduction, which accurately depicts the dimensions of the streatery, the sidewalk area and the adjacent private property. Included with the site plan shall be photographs, drawings, or manufacturer's brochures fully describing the appearance and dimensions of all proposed tables, chairs, umbrellas or other objects related to the streatery. If a streatery permit is issued, the site plan shall be attached to and made a part of such permit.

(3) A nonrefundable application fee for an initial streatery permit and the annual renewal fee for such permit, with or without an alcohol license expansion, shall be in an amount established from time to time by resolution of the Council.

(B) Streatery standards. The following standards, criteria, conditions, and restrictions shall apply to all streateries; provided, however, that the City Administrator or his or her designee may impose additional conditions and restrictions to protect and promote the public health, safety, or welfare, to prevent a nuisance from developing or continuing, and to comply with this chapter, other provisions of this Code, and applicable state and federal laws.

(1) Proximity to property of permit holder. Streateries are restricted to the on-street parking spaces within the public right-of-way immediately adjacent to and extending perpendicular from the front facade of the real property owned or leased by the person or entity to which the permit is issued. With the express written consent of the owner of property located next to the property owned or leased by the streatery permit holder, the description of the streatery may be expanded to include all or part of the on street parking spaces within the public right-of-way immediately adjacent to and extending perpendicular from the front facade of the real property of the person or entity who has granted such permission.

(2) Design Standards. Streateries shall comply with the following design requirements:

A) The streatery shall be designed and constructed to be ADA-compliant, shall be required to be enclosed on three sides with access into the streatery only from the curb side. The vertical railings or elements of the streatery shall be a minimum of three feet high, but shall not interfere with the intersection sight distance.

B) The streatery shall be set back from abutting parking spaces and the edge of the traffic lane to provide a minimum of two feet of clearance, and any gap from the platform to the curb shall be 1/2 inch or less.

C) The streatery shall be demarcated by reflective tape or approved lighting on all sides of the perimeter adjacent to parking or traffic lanes.

D) The streatery shall contain a hard end protection for protection of patrons on the side adjacent to oncoming traffic. The hard end protection shall be a bollard, concrete barrier, or other impermissible barrier as approved by the Police Chief.

E) The streatery shall not encroach upon any handicap parking space or pedestrian pathways.

F) All tables, chairs, tents and umbrellas shall fit completely within the confines of the streatery and shall be properly weighted and secured for the safety of such patrons.

G) The streatery shall not obstruct or impede any storm water drainage flow.

(3) Operation of the streatery. Streateries shall comply with the following operational requirements:

A) The streatery, along with the sidewalk and street immediately adjacent to it, shall be maintained in a neat and orderly manner at all times. Debris shall be removed as required during the day and again at the close of each business day. All debris and refuse generated by patrons of the streatery shall be disposed of in receptacles provided by the holder of the streatery permit and shall not be disposed of in publicly maintained trash receptacles.

B) No food preparation, food storage, refrigeration apparatus, or equipment shall be allowed in the streatery.

C) The hours of operation for the streatery shall be the same as the operation of the sidewalk cafe.

D) The streatery shall not be used for waiting or staging areas. The area is designed for sit-down consumption only.

E) The streatery, including all tables, chairs, tents, hard end protection, structures and other components, shall be removed from the public street and sidewalk areas and shall not be operated between the period of November 15 to March 31.

F) A copy of the site plan, as approved in conjunction with the current streatery permit, shall be maintained on the permittee's premises and shall be available for inspection by City personnel at all times.

(C) Nonexclusive use of public right-of-way within the streatery. Except as otherwise provided in this chapter, use of a portion of the public right-of-way as a streatery shall not be exclusive.

(1) Public improvements and utilities. All public improvements, street maintenance and repair, including utilities, shall take precedence over use of the public right-of-way as a streatery. The City shall have the authority to temporarily close any streatery or order such streatery to be taken down or moved in order to make any necessary repairs to the public right-of-way or to provide access to utility companies to maintain or repair such utilities.

(2) Private improvements. All private improvements within a streatery, including but not limited to tables, chairs, benches and signs, shall remain private property under control of the holder of the streatery permit and no person shall occupy or use such improvements without the consent of the holder of such permit, or his or her designee.

(3) Use by general public limited. Upon issuance of a permit authorizing a streatery, the use of the general public to the area described in the streatery shall be limited during such hours of operation of the streatery.

(4) Authority of Chief of Police. The Chief of Police or his or her designee may order the removal of the streatery, including all tables, chairs, tents, hard end protection, structures and other components, from the public street and sidewalk areas, for public health and safety purposes. The City, its officers and employees, shall not be responsible for streatery fixtures that are relocated or damaged.

(5) Special event. A permit issued under this chapter shall be suspended during a special event if the permit issued for such special event so states. Upon 48 hours' notice, the Chief of Police or his or her designee shall have the authority to order the streatery permittee to remove the streatery, including all tables, chairs, tents, hard end protection, structures and other components, from the public street and sidewalk areas, during the time period that a special event is in effect. The City, its officers and employees, shall not be responsible for streatery fixtures that are relocated or damaged.

(D) Liability and insurance. As a condition of issuance of a streatery permit, the permittee shall agree to indemnify, defend, save, and hold harmless the City, its officers and employees, from claims, liability, lawsuits, damages, and causes of action, which may arise out of the permit or the permittee's activity on the streatery. In addition, the following shall apply:

(1) The permittee shall maintain a policy of commercial liability insurance for at least $1,000,000 per occurrence for bodily injury and property damage, with the City named as an additional insured, with coverage including the area and operations of the streatery.

(2) The permittee shall sign an acknowledgement in writing stating that the permittee understands that the City shall have no responsibility or liability for loss or damage to any permitted encroachments or theft of any permitted encroachments or any items of personal properly that may at any time be on the public right-of-way, including, without limitation, damage caused by the general public, trespassers, graffiti, thrown objects, wind, hail, fire or other casualty, no matter how such damage is caused. As a material inducement to the City to grant the streatery permit, the permittee will waive, as against the City and its employees, agents, guests, invitees, and contractors, all claims and liability, and on behalf of the permittee's insurers, rights of subrogation, with respect to property damaged or destroyed by fire or other casualty or any other cause, no matter how caused.

(3) The permittee shall sign an acknowledgement in writing stating that the permittee understands that the permittee shall indemnify, defend, and save the City, its employees, agents, and contractors harmless from and against any and all losses, damages, settlements, costs, charges, professional fees, and other expenses and liabilities of every kind and character (including, without limitation, attorney fees) arising out of or related to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character in connection with the permittee's establishment and operation of the streatery in the public right-of-way, use of the right-of-way, or violation of the provisions set forth in the streatery permit, including, without limitation, any of the foregoing that may arise or be claimed with respect to any death, personal injury, or loss of or damage to property on or about the right-of-way. The permittee shall assume the defense (with counsel acceptable to the City) and settlement of any and all such suits or other legal proceedings brought against the City and shall pay all judgments entered in such suits or other legal proceedings. The assumption of liability and indemnity obligations of the permittee under this streatery permit shall survive the termination of the streatery permit with respect to matters arising prior thereto.