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:
OUTDOOR SEATING
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.
SIDEWALK CAFE
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.
SIDEWALK CAFE OR OUTDOOR SEATING PERMIT
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.
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.
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.
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.