[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.