[6-27-1997 by Res. No. 41-95; 5-27-1997 by Res. No. 44-97;
11-10-2015 by Res. No. 96-15]
Any person, firm or corporation may operate a sidewalk cafe
(hereinafter sometimes called "cafe") within the City on the City
sidewalk immediately adjacent to the applicant's place of business
upon obtaining a permit from the City.
An applicant, upon presentation to the City Clerk of an application
for a permit to install a cafe and upon payment of any fee established
by the Common Council and upon compliance with the rules and regulations
which may be established shall be authorized to operate a sidewalk
cafe. The sidewalk cafe permit will be issued upon compliance with
the following application standards:
(1)
Applicant shall obtain the approval of the Code Enforcement Office.
Applicant shall submit one copy of plans and to the Code Enforcement
Office, approval of which shall be conditioned upon the following:
a.
The cafe will allow the maintenance of at least 18 inches of hard-surfaced
sidewalk between the cafe and any planting strip or tree grate, bench,
pole, post sign, flower bed, news rack, parking meter, curb or other
obstacle in the public right-of-way;
b.
The cafe will not interfere with ingress and egress points, including
pedestrian entrances and fire escapes, and will maintain a minimum
of five feet of sidewalk clearance at all times;
c.
No permanent structure will be erected;
d.
A form of temporary enclosure to separate the seating area from the
open portion of the sidewalk will be installed during the time the
cafe is open for business;
e.
Any temporary enclosure or structure within the public right-of-way
will be removed if the cafe is not regularly in use between November
1 and March 31;
f.
No signs will be hung or attached to any portion of the cafe; and
g.
The facility can be located anywhere in the City where operation
of a restaurant is otherwise permitted.
(2)
The applicant must execute an agreement to repair, at the expense
of the applicant, any damage caused to the sidewalk in the operation
of the cafe.
(3)
The applicant shall execute a hold-harmless agreement indemnifying
the City against loss, including costs and expenses, resulting from
injury to persons or property as a direct or indirect result of the
operation of the cafe.
(4)
Applicant shall provide proof of a liability insurance policy naming
the City as an additional insured and agreeing to be primary in coverage.
(5)
If applicable, applicant shall provide proof of dram shop, liquor
legal liability insurance.
(6)
If different than applicant, applicant shall provide a consent of
the owner(s) of the building to be used as the sidewalk cafe.
[Amended 9-12-2017 by Res. No. 77-17]
A cafe authorized and operated pursuant to this article shall:
(1)
Comply with the plans submitted and approved by Code Enforcement;
(2)
Sale and consumption of alcoholic beverages in the outdoor cafe must
be authorized by the licensees;
(3)
Must not serve or permit consumption of alcoholic beverages on or
at any sidewalk cafe after 11:00 p.m. or before 8:00 a.m.;
(4)
Remove from the temporary enclosure furniture and other equipment
used in operation of the cafe no later than one-half hour after closing
of the applicant's adjacent place of business; and
(5)
Not permit any music to be played outdoors after 11:00 p.m.
The Common Council is hereby empowered to adopt by resolution
rules, regulations, permit fees and specification pertaining to sidewalk
cafes. Such rules are hereby incorporated by reference, and compliance
with this article shall require compliance with such rules, regulations,
permit fees and specifications. Failure to comply with the rules and
regulations shall be unlawful.
Unless hereafter changed by resolution of the Common Council,
the annual permit fee for operation of a sidewalk cafe shall be $25.
Upon finding by the Fire Chief or Police Chief that an applicant
has violated any provision of this article, he/she may give notice
to an applicant to correct operations violations within 24 hours of
receipt of the notice. Upon failure to correct, the Commissioner may
revoke the applicant's permit.
Violations of this article shall be unlawful and subject to
the general penalty provided by this Code.
