[Adopted by the City Council of the City of Lake Mills 7-18-2007 by Ord. No. 985 (Title 3, Ch. 9, of the 2009 Code of Ordinances). Amendments noted
where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch.
573.
As used in this chapter, the following terms shall have the
meanings indicated:
SIDEWALK CAFE
That portion of a restaurant that is immediately adjacent
to and extends onto a public sidewalk as a licensed encroachment of
that sidewalk for the purpose of providing food and beverages to patrons
of the restaurant.
A. No portion of any licensed sidewalk cafe may encroach on sidewalk
adjacent to any property other than the property that is licensed
under this chapter.
B. Any public sidewalk on which such licensed encroachment for sidewalk
cafe purposes occurs shall maintain at all times an unobstructed width
of 60 inches adjacent to the street for use by the general public
and for ensuring accessibility by all persons traveling on such sidewalk.
C. No alcohol or fermented malt beverages or food may be served after
10:00 p.m.
D. No alcohol or fermented malt beverages may be served at any time
if the restaurant subject of the sidewalk cafe license does not hold
an appropriate class of liquor license that would entitle such service
within the restaurant.
E. No alcohol or fermented malt beverages may be served at any time
if the restaurant has not received Council approval for the enlargement
of its premises under its liquor license that includes the area of
the public sidewalk where the sidewalk cafe is located. Further, the
liquor license shall be automatically conditioned at the time of such
enlargement of the premises with a limitation that the enlargement
of the premises to allow for the activity of service or consumption
of alcoholic beverages within the sidewalk cafe area outside the restaurant
under such liquor license has no vested rights and may be suspended
or revoked or non-renewed by the City Council without cause being
shown.
F. The entire outdoor area utilized for service and consumption of food
and beverages shall be visible from the restaurant establishment.
G. Any public improvements necessary to accommodate the outdoor service
area shall be approved by the director of public works and the Building
Inspector, and the costs thereof shall be paid by the licensee.
H. Service of food and alcoholic beverages in all sidewalk cafes shall
be limited to persons seated at tables in the licensed sidewalk cafe
area. Food service shall be required to be available at all times
when the sidewalk cafe is open.
I. Each license holder shall be responsible for policing the area of
the sidewalk cafe to ensure that alcoholic beverages are not removed
from the sidewalk cafe. All debris and unused food in the sidewalk
cafe area shall be removed by the license holder before the close
of business each day. All spills, food, litter, or any other item
on the sidewalk that is associated with the service or consumption
of food and beverages shall be cleaned or removed as soon as practicably
possible to minimize slip or fall hazards on the public sidewalk that
is located inside the sidewalk cafe, as well as the public sidewalk
adjacent to the sidewalk cafe.
A. No food and no fermented malt or other alcoholic beverages may be
served in a sidewalk cafe without obtaining a sidewalk cafe license
and without having any applicable liquor licensed premises enlarged
to include the sidewalk cafe area. Strict compliance with this chapter
shall be required in all aspects of any sidewalk cafe at all times.
B. Application for a sidewalk cafe license shall be made to the City
Clerk on forms furnished by the City, and each application shall include
a scaled drawing of the precise location of the proposed sidewalk
cafe operations that shows the tables and seating to be provided,
as well as any proposed fencing or other barrier to separate the sidewalk
cafe from the remainder of the sidewalk that is to remain unencumbered
for pedestrian use. If alcoholic beverages are to be served under
any liquor license, such barriers shall be required.
[Amended 12-18-2012 by Ord. No. 1103]
C. The application fee for a new or renewal license is $100 and shall
be submitted to the City Clerk prior to administrative review of such
application and prior to placing such application on the Council agenda
for Council decision granting or denying the license.
[Amended 12-18-2012 by Ord. No. 1103; 5-17-2022 by Ord. No. 1233A]
D. The applicant for a sidewalk cafe license shall be required to indemnify,
defend and hold the City and its employees and agents harmless against
all claims, liability, loss, damage or expense incurred by the City
due to any injury to or death of any person or any damage to property
caused by or resulting from the activities for which the license is
granted. As evidence of the applicant's ability to perform the conditions
of the license, the applicant shall be required to furnish a certificate
of comprehensive general liability insurance with the City of Lake
Mills named as an additional insured. Such certificate of insurance
shall be in the amount of $1,000,000 per claim or occurrence, and
it shall be filed with the City Clerk prior to the issuance of the
annual license.
[Amended 12-18-2012 by Ord. No. 1103]
E. The licensing period for sidewalk cafe licenses shall be from July
1 to June 30. Prior to expiration of such license, the license holder
shall make application and pay the application fee to be considered
for renewal of the license.
[Amended 5-17-2022 by Ord. No. 1233A]
F. Failure to comply with all of the terms and conditions of a sidewalk
cafe license and all requirements of this chapter may result in the
termination of the privilege of serving food or fermented malt or
other alcoholic beverages in a sidewalk cafe. If a sidewalk cafe license
becomes suspended or revoked or non-renewed by the City Council for
such noncompliance, or if the Council determines that such use of
the public sidewalk shall cease, even without a showing of cause,
then no sidewalk cafe operations of any kind at that location may
continue on the public sidewalk, and no tables or chairs or other
encumbrances of the sidewalk may remain. If such items are on the
public sidewalk more than 72 hours after a license is suspended, revoked,
or non-renewed, the City Manager shall order such encumbrance removed
immediately, and if such encumbrance remains more than 24 hours after
issuance of such removal order, the City Manager shall cause the encumbrance
to be removed and the cost thereof billed to the license holder. Failure
to pay such bill for costs within 30 days of billing shall result
in the costs being placed on the tax roll for the property at which
the restaurant conducting the sidewalk cafe has been located.
G. Any public improvements no longer necessary due to the revocation
or non-renewal of a license under this chapter shall be removed by
the City at the license holder's expense, and failure to pay such
costs of removal shall result in placing the costs on the tax roll
for the property at which the restaurant was conducting its business
operations.
H. The Council shall cause notice to be served on the licensee at least
three days before a hearing is held before the Council on whether
such license shall be suspended or revoked or non-renewed, with or
without cause.
I. This chapter does not limit the Council's authority to refuse to
license areas of the public sidewalk for the service or consumption
of food or beverages in individual cases, even if the applicant or
license holder meets all conditions of this chapter.
J. The issuance of any license under this chapter may not be construed
to create a vested right for the benefit of liquor licensees. Whether
a sidewalk cafe license is issued or suspended or non-renewed is within
the Council's discretion, and no cause must be shown for any adverse
action with regard to any sidewalk cafe license.
K. The no-cause standard on nonissuance, non-renewal, suspension or
revocation is deemed reasonable by the Council due to the Council's
recognition that the sidewalk is primarily for the benefit of the
public as a whole for pedestrian travel within its entire width at
all times, and that the encumbrance permitted through the issuance
of a sidewalk cafe license is a special privilege that may be extended
or withdrawn at any time and for any reason. The notice and hearing
requirement of this chapter prior to any such adverse action against
an existing license holder may not be construed as a recognition of
any right on the part of the license holder to such special use of
the public sidewalk.