[4-5-2006; 2016 Code;
amended 9-8-2020]
To further encourage the revitalization of the downtown of the
City, including the development of social and economic activity, the
Council finds and determines:
(A) 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.
(B) That sidewalk cafes and streateries 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.
(C) 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.
(D) That business owners in the downtown of the City have limited options
to expand outdoor dining onto sidewalks or elsewhere on their private
property and are interested in utilizing adjacent on-street parking
spaces within the public right-of-way, and, therefore, there is a
need to expand sidewalk cafe to include streatery dining.
(E) That the establishment of permit conditions and safety standards
for sidewalk cafes and streateries is necessary to protect and promote
public health, safety, and welfare.
[4-5-2006; 2016 Code]
In this chapter:
DOWNTOWN
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.
STREATERIE
The expansion of a sidewalk cafe permit to allow a business
to expand outdoor dining areas to include the on-street parking spaces
in the right-of-way adjacent to such business.
[Added 9-8-2020]
[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.
(A) 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:
(1)
A copy of a current certificate of insurance in the amount and
categories required by this chapter.
(2)
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.
(3)
A non-refundable application fee in an amount established from
time to time by resolution of the council.
(B) 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.
[Amended 10-15-2018]
(C) 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.
(D) 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.
(E) 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.
(1)
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.
(2)
Placement of equipment. Tables, chairs, umbrellas, signs or
other fixtures in the sidewalk cafe:
A)
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.
B)
Shall not be placed or allowed to remain closer than two feet
from the inner curb line.
C)
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.
D)
Shall not block designated ingress, egress, or fire exits from
or to any structures, including the business establishment that operates
the sidewalk cafe.
E)
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.
F)
Shall be maintained in a clean, sanitary and safe manner.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
Signs. Signs used in conjunction with the sidewalk cafe shall
be placed within the sidewalk cafe and shall conform to the following:
A)
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.
B)
Any temporary sign shall be attached to supports so as to withstand
horizontal wind pressures of not less than 30 pounds per square foot.
C)
Each sign shall be constructed and placed so as to not adversely
affect or inhibit the safe and efficient movement of pedestrians and
motorists.
D)
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.
E)
Signs shall be compatible with the street setting and neighborhood
character and enhance the appearance of the streetscape.
F)
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.
(8)
Food preparation or storage prohibited. No food preparation,
food storage, refrigeration apparatus, or equipment shall be allowed
in the sidewalk cafe.
(9)
Amplified sound prohibited. No amplified sound shall be allowed
in the sidewalk cafe unless authorized as part of a special event.
(10)
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.
(11)
Applicable only to public right-of-way. The sidewalk cafe permit
covers only the public right-of-way described in the permit.
(12)
Hours of operation. Sidewalk cafes shall not operate after 12:01
AM or before 6:00 AM.
(F) 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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(G) 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:
(1)
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.
(2)
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.
(H) 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.
[Added 9-8-2020]
The owner or lessee of real property located in the downtown who has been issued a sidewalk cafe permit may be issued a streatery permit allowing operation of a streatery. Unless specified otherwise in this section, all administrative processes, rules and conditions for obtaining and operation of a sidewalk cafe as stated in §
3-9-3 shall be incorporated by reference and shall be applicable to obtaining a streatery permit and the operation of the streatery dining area.
(A) Application. Before a permit may be issued, there shall be submitted
to the City Clerk a fully completed application for a streatery permit
on a form provided by the City Clerk. Included with such application
shall be the following:
(1)
A copy of a current certificate of insurance in the amount and
categories required by this chapter with an acknowledgment that the
insurance company is aware that such coverage is proposed to be for
on-street parking spaces within the public right-of-way.
(2)
A site plan, drawn to a scale of approximately 1/8 inch equals
one foot, on eight-and-one-half-inch-by-eleven-inch paper, suitable
for reproduction, which accurately depicts the dimensions of the streatery,
the sidewalk area and the adjacent private property. 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 streatery. If a
streatery permit is issued, the site plan shall be attached to and
made a part of such permit.
(3)
A nonrefundable application fee for an initial streatery 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.
(B) Streatery standards. The following standards, criteria, conditions,
and restrictions shall apply to all streateries; 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 this Code, and
applicable state and federal laws.
(1)
Proximity to property of permit holder. Streateries are restricted
to the on-street parking spaces within the public right-of-way immediately
adjacent to and extending perpendicular 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 streatery
permit holder, the description of the streatery may be expanded to
include all or part of the on street parking spaces within the public
right-of-way immediately adjacent to and extending perpendicular from
the front facade of the real property of the person or entity who
has granted such permission.
(2)
Design Standards. Streateries shall comply with the following
design requirements:
A)
The streatery shall be designed and constructed to be ADA-compliant,
shall be required to be enclosed on three sides with access into the
streatery only from the curb side. The vertical railings or elements
of the streatery shall be a minimum of three feet high, but shall
not interfere with the intersection sight distance.
B)
The streatery shall be set back from abutting parking spaces
and the edge of the traffic lane to provide a minimum of two feet
of clearance, and any gap from the platform to the curb shall be 1/2
inch or less.
C)
The streatery shall be demarcated by reflective tape or approved
lighting on all sides of the perimeter adjacent to parking or traffic
lanes.
D)
The streatery shall contain a hard end protection for protection
of patrons on the side adjacent to oncoming traffic. The hard end
protection shall be a bollard, concrete barrier, or other impermissible
barrier as approved by the Police Chief.
E)
The streatery shall not encroach upon any handicap parking space
or pedestrian pathways.
F)
All tables, chairs, tents and umbrellas shall fit completely
within the confines of the streatery and shall be properly weighted
and secured for the safety of such patrons.
G)
The streatery shall not obstruct or impede any storm water drainage
flow.
(3)
Operation of the streatery. Streateries shall comply with the
following operational requirements:
A)
The streatery, along with the sidewalk and street 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 streatery shall be disposed of in receptacles provided
by the holder of the streatery permit and shall not be disposed of
in publicly maintained trash receptacles.
B)
No food preparation, food storage, refrigeration apparatus,
or equipment shall be allowed in the streatery.
C)
The hours of operation for the streatery shall be the same as
the operation of the sidewalk cafe.
D)
The streatery shall not be used for waiting or staging areas.
The area is designed for sit-down consumption only.
E)
The streatery, including all tables, chairs, tents, hard end
protection, structures and other components, shall be removed from
the public street and sidewalk areas and shall not be operated between
the period of November 15 to March 31.
F)
A copy of the site plan, as approved in conjunction with the
current streatery permit, shall be maintained on the permittee's premises
and shall be available for inspection by City personnel at all times.
(C) Nonexclusive use of public right-of-way within the streatery. Except
as otherwise provided in this chapter, use of a portion of the public
right-of-way as a streatery shall not be exclusive.
(1)
Public improvements and utilities. All public improvements,
street maintenance and repair, including utilities, shall take precedence
over use of the public right-of-way as a streatery. The City shall
have the authority to temporarily close any streatery or order such
streatery to be taken down or moved in order to make any necessary
repairs to the public right-of-way or to provide access to utility
companies to maintain or repair such utilities.
(2)
Private improvements. All private improvements within a streatery,
including but not limited to tables, chairs, benches and signs, shall
remain private property under control of the holder of the streatery
permit and no person shall occupy or use such improvements without
the consent of the holder of such permit, or his or her designee.
(3)
Use by general public limited. Upon issuance of a permit authorizing
a streatery, the use of the general public to the area described in
the streatery shall be limited during such hours of operation of the
streatery.
(4)
Authority of Chief of Police. The Chief of Police or his or
her designee may order the removal of the streatery, including all
tables, chairs, tents, hard end protection, structures and other components,
from the public street and sidewalk areas, for public health and safety
purposes. The City, its officers and employees, shall not be responsible
for streatery fixtures that are relocated or damaged.
(5)
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. Upon 48 hours' notice, the Chief of Police or his or her
designee shall have the authority to order the streatery permittee
to remove the streatery, including all tables, chairs, tents, hard
end protection, structures and other components, from the public street
and sidewalk areas, during the time period that a special event is
in effect. The City, its officers and employees, shall not be responsible
for streatery fixtures that are relocated or damaged.
(D) Liability and insurance. As a condition of issuance of a streatery
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 streatery. In addition,
the following shall apply:
(1)
The permittee shall maintain a policy of 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 streatery.
(2)
The permittee shall sign an acknowledgement in writing stating
that the permittee understands that the City shall have no responsibility
or liability for loss or damage to any permitted encroachments or
theft of any permitted encroachments or any items of personal properly
that may at any time be on the public right-of-way, including, without
limitation, damage caused by the general public, trespassers, graffiti,
thrown objects, wind, hail, fire or other casualty, no matter how
such damage is caused. As a material inducement to the City to grant
the streatery permit, the permittee will waive, as against the City
and its employees, agents, guests, invitees, and contractors, all
claims and liability, and on behalf of the permittee's insurers, rights
of subrogation, with respect to property damaged or destroyed by fire
or other casualty or any other cause, no matter how caused.
(3)
The permittee shall sign an acknowledgement in writing stating
that the permittee understands that the permittee shall indemnify,
defend, and save the City, its employees, agents, and contractors
harmless from and against any and all losses, damages, settlements,
costs, charges, professional fees, and other expenses and liabilities
of every kind and character (including, without limitation, attorney
fees) arising out of or related to any and all claims, liens, demands,
obligations, actions, proceedings, or causes of action of every kind
and character in connection with the permittee's establishment and
operation of the streatery in the public right-of-way, use of the
right-of-way, or violation of the provisions set forth in the streatery
permit, including, without limitation, any of the foregoing that may
arise or be claimed with respect to any death, personal injury, or
loss of or damage to property on or about the right-of-way. The permittee
shall assume the defense (with counsel acceptable to the City) and
settlement of any and all such suits or other legal proceedings brought
against the City and shall pay all judgments entered in such suits
or other legal proceedings. The assumption of liability and indemnity
obligations of the permittee under this streatery permit shall survive
the termination of the streatery permit with respect to matters arising
prior thereto.