It shall be unlawful for any person to sell, or offer to sell,
any food or beverage at a sidewalk cafe located upon any street, alley,
sidewalk, street terrace, or other public property, unless such person
has first applied for and obtained a sidewalk cafe permit.
As used in this chapter, the following terms shall have the
meanings indicated:
SIDEWALK CAFE
Any group of tables, chairs, benches, barriers or partitions,
trash containers and suitable decorative devices maintained upon any
part of the public right-of-way for use by the holder of a restaurant
permit under § 254.64(1)(a), Wis. Stats., for the sale to
the public of food, refreshments and beverages.
Any sidewalk cafe permitted hereunder shall be subject to the
following restrictions and limitations:
A. Service of alcoholic beverages in a sidewalk cafe must comply with all alcohol beverage licensing laws. With respect to requirements regarding the licensed premises, a sidewalk cafe must be included in the approved description of the licensed premises in order for alcoholic beverages to be served at the sidewalk cafe. If a sidewalk cafe permit is suspended, revoked or not renewed (see §
296-5 below), the sidewalk cafe area shall be removed from the licensed premises for the duration of the suspension, revocation or nonrenewal. Notwithstanding other provisions to the contrary, service of alcoholic beverages in a sidewalk cafe is limited to those customers ordering and eating food at the sidewalk cafe.
B. No portion of a sidewalk cafe shall be permitted within a ten-foot
radius of a fire hydrant.
C. No portion of a sidewalk cafe shall be permitted within 10 feet of
a curb-out or marked crosswalk.
D. All activities at the sidewalk cafe shall be conducted so as to maintain
a minimum width of five feet of unobstructed public pedestrian walkway
between the sidewalk cafe and the edge of the sidewalk adjacent to
the curb.
E. No portion of a sidewalk cafe shall be permitted adjacent to any
truck, freight, or passenger-loading zone, or adjacent to any handicapped
parking space or loading zone.
F. No person holding a sidewalk cafe permit may use any public property,
such as light poles or other utility poles, flower planters, trees,
or other amenities as a point of attachment for any ropes or other
devices as part of the sidewalk cafe.
G. All sidewalk cafes shall remain within the boundaries of the sidewalk
cafe site as set forth on the approved application.
H. All materials and equipment forming part of the sidewalk cafe, other
than tables and chairs, shall be removed from the site from close
of business until normal opening of business each day.
I. No sidewalk cafe shall be open for business between the hours of
10:30 p.m. and 7:00 a.m.
J. All sidewalk cafes shall be maintained in a clean and hazard-free
condition, so as not to attract vermin or other pests.
K. All sidewalk cafes shall use only unbreakable dinnerware.
The penalty for violation of any provision of this section shall be as provided in §
1-3 of this Village Code.