[4-5-2006; 2016 Code]
To further encourage the revitalization of the downtown of the city, including the development of social and economic activity, the council finds and determines:
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.
That sidewalk cafes 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.
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.
That the establishment of permit conditions and safety standards for sidewalk cafes is necessary to protect and promote public health, safety, and welfare.
[4-5-2006; 2016 Code]
In this chapter:
- 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.
[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.
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:
A copy of a current certificate of insurance in the amount and categories required by this chapter.
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.
A non-refundable application fee in an amount established from time to time by resolution of the council.
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.
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.
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.
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.
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.
Placement of equipment. Tables, chairs, umbrellas, signs or other fixtures in the sidewalk cafe:
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.
Shall not be placed or allowed to remain closer than two feet from the inner curb line.
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.
Shall not block designated ingress, egress, or fire exits from or to any structures, including the business establishment that operates the sidewalk cafe.
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.
Shall be maintained in a clean, sanitary and safe manner.
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.
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.
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.
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.
Signs. Signs used in conjunction with the sidewalk cafe shall be placed within the sidewalk cafe and shall conform to the following:
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.
Any temporary sign shall be attached to supports so as to withstand horizontal wind pressures of not less than 30 pounds per square foot.
Each sign shall be constructed and placed so as to not adversely affect or inhibit the safe and efficient movement of pedestrians and motorists.
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.
Signs shall be compatible with the street setting and neighborhood character and enhance the appearance of the streetscape.
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.
Food preparation or storage prohibited. No food preparation, food storage, refrigeration apparatus, or equipment shall be allowed in the sidewalk cafe.
Amplified sound prohibited. No amplified sound shall be allowed in the sidewalk cafe unless authorized as part of a special event.
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.
Applicable only to public right-of-way. The sidewalk cafe permit covers only the public right-of-way described in the permit.
Hours of operation. Sidewalk cafes shall not operate after 12:01 AM or before 6:00 AM.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.