[HISTORY: Adopted by the City Council of the City of Bridgman 3-2-2015 by Ord. No. 185. Amendments noted where applicable.]
The sidewalk cafe and outdoor seating regulations, as established
in this chapter, are designed to allow sidewalk cafes or outdoor seating
on public property in locations where they are determined to be appropriate
by the City Manager or his or her designee, and to promote and protect
the public health, safety and general welfare of the community. These
general goals include, among others, the following specific purposes:
A.
To attract residents and nonresidents to the Bridgman business district;
B.
To provide an additional way for restaurants or food establishments
to expand their operations;
C.
To promote sidewalk cafes and outdoor seating as useful and properly
planned visual amenities; to provide adequate space for pedestrians
on the sidewalk adjacent to sidewalk cafes, or outdoor seating and
to ensure access to adjacent commercial and retail uses;
D.
To promote the most desirable use of land and buildings and thereby
protect the City's tax revenues;
E.
To provide for penalties for violations of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
An outdoor area operated by an existing restaurant or other
food establishment which sells food or beverages for immediate consumption,
located on a public sidewalk or other public property which is public
through dedication, easement or public right-of-way that provides
seating outside of an establishment for patrons and other persons,
and contains readily removable tables, chairs, railings, or planters.
This area does not provide waiter or waitress service or offer alcoholic
beverages. It is not enclosed by fixed walls and open to the air.
An outdoor dining area operated by an existing restaurant
or other food establishment which sells food, beverages, or alcoholic
beverages for immediate consumption, located on a public sidewalk
or other public property, which is public through dedication, easement
or public right-of-way that provides waiter, waitress service or counter
service and contains readily removable tables, chairs, railings, or
planters. It is otherwise not enclosed by fixed walls, and open to
the air, except that it may have table umbrellas or other nonpermanent
cover.
A permit issued by the Zoning Administrator, based upon approval
by the City Manager, which conforms to the procedures and regulations
of this chapter, for sidewalk cafe and outdoor seating operations.
A.
The Zoning Administrator is authorized to issue a permit to operate
a sidewalk cafe or provide outdoor seating on public property provided
that the applicant has complied with the standards set forth in this
chapter, after approval by the City Manager, and after proof of insurance
has been provided in accordance with this section.
B.
Sidewalk cafe or outdoor seating permit applications for establishments
operating on public sidewalks or public property shall be reviewed
by City staff and approved by the City Manager. The City Manager reserves
the right to forward a permit application to the City Council for
its review consideration. Establishments serving alcohol require approval
by the Michigan Liquor Control Commission (MLCC).
C.
All permits shall be issued on a calendar-year basis and shall be
renewed annually with no fee required after the first year. Unless
another time frame is specified in the permit, or by the requirements
of this chapter, the permit shall allow the operation of a sidewalk
cafe or outdoor seating from March 15 up to and including November
30 of the calendar year for which the permit is issued. To allow establishments
to take advantage of good weather, operation of a sidewalk cafe or
outdoor seating is permitted on a day-by-day basis, subject to the
following restrictions:
(1)
The establishment has been issued a new permit or permit has been
renewed for the current calendar year.
(2)
A certificate of insurance, meeting the insurance requirements in
this section, has been filed with the Zoning Administrator.
(3)
The operation of the sidewalk cafe or outdoor seating shall not interfere
with the set up or the operation of any special event.
(4)
All tables, chairs, table umbrellas, railings, posts, planters and
other equipment associated with the operation of a sidewalk cafe or
outdoor seating area shall be removed and stored inside of the establishment
from December 1 through March 14 of each year. From March 15 to November
30 of each year, said items listed in this section shall only be used
in a manner that is not a danger to the public and/or to customers
using the establishment.
(5)
During periods of snow accumulation, the placement of tables, chairs,
table umbrellas, railings, posts, planters and other equipment associated
with the operation of a sidewalk cafe or outdoor seating area shall
be removed and all activities shall cease.
(6)
Any person or establishment granted a permit by the City Manager
to operate a sidewalk cafe or provide outdoor seating on public sidewalks
or public property shall pay to the City Treasurer a fee in the amount
as established by resolution of the City Council.
(7)
The Zoning Administrator shall not issue a permit unless the fees
required by this section are paid.
D.
Each permit application for a sidewalk cafe or outdoor seating shall
be accompanied by a policy or certificate of insurance, in an amount
acceptable to the City, including workers' compensation, comprehensive
commercial liability policy, and a liquor liability policy naming
the City as an additional insured. Establishments serving alcohol
shall also provide a liquor liability policy or certificate of insurance
naming the City as an additional insured. A company authorized to
do business in the state shall issue such insurance. Required insurance
amounts shall be set from time to time by resolution of the City Council.
The policy or certificate shall contain a clause requiring the insuring
company to give a minimum of 10 business days' written notice
to the City Manager prior to canceling the policy.
E.
Site development and application approval.
(1)
No outdoor service of food and/or beverages in the form of a sidewalk
cafe or outdoor seating shall be established on public property, except
in conformance with a site development plan reviewed by City staff
and approved by the City Manager as required by this chapter.
(2)
A permit application available from the Zoning Administrator for
the site development plan approval shall be submitted to the Zoning
Administrator. The application shall include but shall not be limited
to the following:
(a)
Name of the applicant and business.
(b)
Address of the business.
(c)
Address of the applicant.
(d)
Telephone number of the applicant and business.
(e)
Name of the property owner if other than applicant.
(f)
Address of the property owner if other than applicant.
(g)
Telephone number of the property owner if other than applicant.
(h)
Name of planner, engineer, architect or agent, if applicable.
(i)
Proposed dates of occupancy.
(j)
Proposed hours of occupancy.
(k)
Proposed number of tables, chairs, railings, posts, table umbrellas
or other items.
(l)
Proposed color, design, materials, and workmanship of tables,
chairs, railings, posts, table umbrellas or other items.
(m)
Proposed area of occupancy, including square feet and dimensions.
(n)
Whether alcohol will be served.
(o)
Copy of certificate of insurance.
(p)
Whether permit application is a new application or renewal;
if renewal, the applicant shall describe any changes from previous
application.
(q)
Written authorization from the owner of the property shall be
required where the applicant is not the owner of the affected property.
(3)
The site development plan and the accompanying application shall
show the following:
(a)
The applicant's entire property and adjacent properties
on a location map with streets for a distance of at least 25 feet
at a scale showing detail sufficient for proper review. The site plan
shall be submitted on a sheet no smaller than 8 1/2 inches by
11 inches and no larger than 11 inches by 17 inches. Site plans smaller
or larger than the sizes prescribed by this chapter shall not be accepted.
(b)
A detailed plan showing the design with required curb extension
and deck construction, relevant details and location of all temporary
structures, such as, but not limited to, planters, landscaping, railings,
tables, chairs, table umbrellas, any electrical outlets or appliances,
hydrants, all ingress and egress, existing lighting and other equipment,
shall accompany the site development plan and permit application.
Public use areas must accommodate the special design needs of the
disabled, elderly and parents with strollers.
(4)
The City Manager or his or her designee shall distribute copies of
the site development plan and permit application to the Zoning Administrator,
Chief of Police and Fire Chief for their review and written comments
in relation to compliance with this chapter and all other City ordinances.
(5)
Conditions specific to the operation of a business may be incorporated
into the permit as required by City staff or the City Manager (example:
hours of operation, number of servers assigned to outside service
area).
(6)
Appeals shall be made to the City Council.
(7)
Based upon review comments from City staff, the City Manager may
approve, approve with conditions, or refer the application back to
the applicant for modification. If approved, the City Manager shall
authorize the Zoning Administrator to issue a sidewalk cafe or outdoor
seating permit.
A.
There shall be a minimum of 48 inches, measured from the back of
the curb or any other obstruction, exclusive of the area occupied
by the sidewalk cafe or outdoor seating, designed to allow adequate
pedestrian movement. Cafes or outdoor seating shall only be permitted
where it is determined that the use will not create a hazard, a sight
distance obstruction for motor vehicle operators, nor unduly impede
pedestrian traffic. The City Manager or designee shall determine when
a hazardous condition exists in the public right-of-way.
B.
Sidewalk cafes or outdoor seating may only be located adjacent to
the establishment with which they are associated. Sidewalk cafes or
outdoor seating areas must remain clear of litter, food scraps and
soiled dishes at all times.
C.
Setting up a barrier such as planters or a railing to physically
separate patrons from pedestrian and vehicular traffic shall delineate
the perimeter of a sidewalk cafe serving alcoholic beverages. All
barriers used for sidewalk cafes serving liquor shall also conform
to MLCC regulations.
D.
Furnishings for a sidewalk cafe or outdoor seating shall consist
solely of readily removable railings, posts, tables, chairs, planters,
and table umbrellas. No furnishings, railings, posts, tables, chairs,
planters, table umbrellas or other items may be affixed in any manner
to City sidewalks or City property.
E.
No structure or enclosure to accommodate the storage of accumulated
garbage, i.e., shed, may be erected or placed adjacent to or near
the sidewalk cafe or outdoor seating located on public property. Each
establishment shall be responsible for providing appropriate containers
for disposing of garbage or waste and employees shall not use City
trash containers for disposing of garbage or waste.
F.
A sidewalk cafe or outdoor seating shall not interfere with any public
service facility such as a telephone, mailbox, fire hydrant, designated
pedestrian crossing or bench located on a sidewalk or public property.
G.
Operation of a sidewalk cafe or outdoor seating shall not adversely
impact adjacent or nearby residential, religious, educational, or
commercial properties and shall be in accordance with all applicable
codes and regulations.
H.
Tables, chairs, table umbrellas, railings, planters, and any other
objects provided with the sidewalk cafe or outdoor seating shall be
of quality design, materials, and workmanship both to ensure the safety
and convenience of users and to enhance the visual and aesthetic quality
of the area. Such equipment shall be routinely cleaned, painted, or
replaced and may be inspected by the City Manager or designee.
A.
All sidewalk cafes serving alcoholic beverages shall be allowed to
operate during the applicant business's regular hours of operation.
B.
All alcoholic beverages to be served at a sidewalk cafe shall be
prepared within the existing restaurant, and alcoholic beverages shall
only be served to patrons of the sidewalk cafe. The consumption of
alcoholic beverages at a sidewalk cafe within the confines of the
sidewalk cafe area shall not be construed as a violation of any ordinance
controlling open containers in a public area. The operator of the
sidewalk cafe shall take all necessary action to procure the appropriate
license or permit from the MLCC to serve alcoholic beverages in the
sidewalk cafe and shall comply with all other laws and regulations
concerning the serving of alcoholic beverages in the state.
C.
All food to be served at the sidewalk cafe or outdoor seating shall
be prepared within the existing establishment unless approved by the
City Council as part of a special event application request.
D.
The sidewalk cafe or outdoor seating permit issued in accordance
with this chapter shall be prominently displayed within the existing
establishment along with other required permits and licenses.
E.
During the off-season, chairs, railings, posts, planters, table umbrellas,
and other items shall be removed and shall not be stored outside.
It shall be the responsibility of the establishment to secure adequate
storage of these items.
F.
The maintenance of a sidewalk cafe or outdoor seeing area shall be
the responsibility of the establishment, including, but not limited
to, surface treatment and cleaning, litter control, sweeping, and
snow and ice removal. The sidewalk and public property shall be kept
neat and clean at all times and free from any substance that may cause
damage to the sidewalk or public property to cause pedestrian injury.
G.
An increase in lighting, signage or music is prohibited, unless otherwise
approved through the review process.
The issuance of permits applied for under this chapter or any
other ordinance of the City may be denied by the City Manager, and
permits issued may be revoked or suspended by the City Manager at
any time, for any of the following causes:
A.
Fraud, misrepresentation or any false statement made in the permit
application.
B.
Fraud, misrepresentation or any false statement made in the operation
of the sidewalk cafe or outdoor seating.
C.
Any violation of this chapter or any other ordinance of the City.
D.
Any violation received during the previous permit period.
E.
Conducting business in an unlawful manner or in such a manner as
to constitute a breach of peace or to constitute a menace to the health,
moral, safety of the public.
F.
Failure or inability of an applicant to meet and satisfy the requirements
and provisions of this chapter and every other ordinance of the City.
A.
Any person whose permit is revoked or suspended, or any person whose
application for a permit is denied, shall have the right to a hearing
before the City Council, provided a written request therefor is filed
with the Zoning Administrator within 10 days following the delivery
or mailing of the notice of revocation or suspension, or within 10
days following the denial of the permit application. No person shall
operate any sidewalk cafe or outdoor seating during any time when
the permit therefore has been suspended, revoked, or canceled.
B.
Permits will be issued as prescribed by this chapter.
Written notice of suspension or revocation, stating the causes
therefor, shall be delivered to the permittee personally or mailed
to the address as shown in the permit application. Upon revocation
of a license, all furnishings and fixtures shall be removed from public
property within 24 hours.
Unless otherwise provided in this chapter, an application for renewal of a sidewalk cafe or outdoor seating permit shall be considered in the same manner as an original application under § 418-3.
No permit issued under the provisions of this chapter or any
other ordinance of the City shall be transferable.
A.
Any person who operates a sidewalk cafe or outdoor seating on public
sidewalks or public property without a permit, or who shall violate
any of the provisions of this chapter shall be responsible for a municipal
civil infraction, punishable by a civil fine of not more than $500,
and the costs of prosecution.
B.
The City Council may establish the amount of a civil fine for municipal
civil infraction that may be paid at the City violations bureau for
violations of this chapter, except that all violations alleging operating
without a permit and other violations in excess of three in any calendar
year may be handled by the district court.
If any clause, sentence, paragraph or part of this chapter shall
be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section, or part thereof directly involved in the controversy
and in which such judgment shall have been rendered.
