[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 6, Ch. 10, of the 1981 Code). Amendments noted where applicable.]
Every person requiring a closing-out sale license shall make application, in writing, to the City Clerk, and attach thereto an inventory containing a complete and accurate list of the stock of goods, wares and merchandise which is on hand in the City as of date of going out of business to be sold at such sale, and have attached thereto an affidavit by the applicant or his duly authorized agent, declaring, under oath, that such inventory is true and correct to the knowledge of the person making such affidavit and that no stock has, or will be added thereto during said sale, except only as provided by this section.
Only merchandise on hand and physically in the City may be sold. Merchandise on order for less than 45 days shall not be part of the closing-out sale. Merchandise on order for more than 45 days must be listed on the affidavit and inspected by the City Clerk or his designee and approved by the Clerk before becoming part of the closing-out sale. Such affidavit shall include the names and addresses of the principals, such as the partners, officers and directors, and the principal stockholders and owners of the business and the inventoried merchandise. Such inventory shall contain the cost price of respective articles enumerated therein, together with the date or dates of purchase or purchases and the identity or identities of the seller or sellers.
If the goods, wares and merchandise were purchased by the applicant or the person for whom he is acting as agent for a lump sum or other circumstances make the listing of the cost price for each article impracticable, the inventory shall state the lump sum paid for such goods, wares and merchandise and the circumstances of the purchase of same.
Such application shall further specify the name and address of the applicant, and, if acting as agent, the person for whom he is acting as an agent, and the place at which said sale is to continue.
The license shall specify the period for which it is granted, which time shall not exceed 60 consecutive days. Sundays and legal holidays are included if the store is open on Sunday and legal holidays from the date of the issuance of said license. Any Sunday or legal holiday on which the store is closed shall not be counted in the 60 days.
No license shall be transferable either as to licensee or location. Any person who obtains a license for a closing-out sale from the City shall not receive a second license from the City, either in his own name or through any agent or employee, for a period of five years. Any license issued under this subsection is void and is automatically revoked.
If a license has been granted to a person for less than 60 days and the fee for such shorter period paid, the applicant therein, upon tendering the additional amount sufficient to constitute the fee required for a license for the longer period and not exceeding, with the period of the longer license included, such 60 days' period may have the expiration date of such license extended to such further time.
Such application shall further set forth all taxes previously levied or assessed on the stock of goods set forth in the inventory, whether against the applicant or any former owner thereof, and no license shall be granted for the sale thereof until all taxes payable to the City have been paid. Taxes shall be computed as assessed on January 1 of the current year.
Fees. The fees for such licenses shall be as established and listed in Title 1 of this Code.
Revocation. A license may be revoked by the Clerk if the licensee made any materially inaccurate statement in the application for license or violated any provision of this section.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
State statute adopted. Section 134.71, Wis. Stats., as amended from time to time by the State Legislature, is hereby adopted and incorporated by reference.
Permit required. No person shall, within the City, block off a public street without obtaining a permit as required by this section.
Application. Application for a permit for each block party shall be filed with the City Clerk upon forms provided by that department and shall contain or have attached thereto the following information.
Permit fee. Every applicant shall pay a permit fee as listed in § 1-2-1 of this Code.
Issuance of permit. The Council shall, upon its approval of such application, after investigation and the payment of the permit fee, issue to the applicant a permit to hold the block party at the specific location and specific date, time, and duration.
Purpose. To enliven downtown and other areas of the City and provide opportunities for social and economic activities, the City Council finds and determines:
That there exists the need for outdoor eating facilities in certain areas of the City to provide a unique environment for relaxation, social interaction, and food consumption.
That sidewalk cafes will permit enhanced use of the available public rights-of-way, will complement business operations operating from fixed premises, and will promote economic activity in the area.
That the existence of sidewalk cafes encourages additional pedestrian traffic but may impede the free and safe flow of pedestrians such that a need exists for regulations and standards to ensure safety.
That the establishment of permit conditions and safety standards for sidewalk cafes is necessary to protect and promote public health, safety and welfare.
Definitions. For purposes of this section, the following terms have the following meanings:
- ALCOHOL BEVERAGES
- Fermented malt beverages and intoxicating liquor as defined in § 125.02(1), (6) and (8), Wis. Stats., or any successor to that statute.
- Any physical structure designed that restricts ingress and egress from the sidewalk cafe to designated openings and that is not less than four feet in height surrounding no less than 80% of the sidewalk cafe area. At a minimum, one designated opening shall be created of sufficient width to accommodate ease of ingress or egress, other than through the licensed establishment, for emergency purposes.
- SIDEWALK CAFE
- An expansion of a restaurant, bistro, coffee shop, bar, or other establishment offering beverages and/or food that provides seating for more than three people in the form of a group of tables, chairs, or benches, with barriers, trash containers and suitable decorative devices maintained upon any part of the sidewalk for use on part of the public property that immediately adjoins the licensed premises for the purpose of consuming food or beverages of the patrons of the establishment.
No permit shall be issued for a sidewalk cafe located in a nonresidential district if any part of the sidewalk cafe is within 50 feet of a structure used for residential purposes and located on a residentially zoned parcel, except residential uses located in the same structure as the licensed premises or a residence which is owned by the same person who owns the licensed premises. Upon appeal to the City Council, a full or partial waiver of the distance requirements in this provision may be granted.
No permit shall be issued to an establishment if it is located in a district zoned R-1 through R-4.
Application. Application for a permit to operate a sidewalk cafe shall be submitted to the City Clerk's office and shall include at least the following:
A layout/drawing accurately depicting the dimensions of the existing sidewalk area or other public property and adjacent private property for the proposed location of the sidewalk cafe.
The size and number of tables, chairs, steps, planters, location of doorways, trees, sign posts, hydrants, sidewalk benches, trash receptacles, heaters, traffic signal poles, light poles and any other obstructions, either existing or proposed.
If the applicant intends to sell or serve alcoholic beverages to patrons of the sidewalk cafe, the applicant shall obtain the appropriate alcohol beverage license describing and including the outdoor area where alcoholic beverages will be sold, served or consumed.
The permittee shall be responsible for complying with the approved sidewalk cafe plan as submitted in the initial permit application.
Appeals. Any person denied a sidewalk cafe permit may appeal the denial. An appeal shall be made, in writing, to the City Clerk, who shall forward the request to the City Manager and City Council. The City Council will convene within 30 days of the appeal being filed with the Clerk to hear from the Chief of Police and the affected business. After deliberation, the City Council shall act on the appeal. A written copy of the decision shall be provided to the affected business.
Suspension or revocation of permit. The City Manager or the Chief of Police, upon obtaining reasonable information that any permittee has violated any provision of this chapter or any state or federal law, may suspend or revoke a permit granted under this chapter pending hearing by the City Council.
Liability and insurance. No person shall obtain a sidewalk cafe permit unless the applicant procures commercial liability insurance.
The permittee agrees to maintain insurance in the amount of $1,000,000 per occurrence and name the City of Two Rivers as additional insured showing how the coverage extends to the area used for the sidewalk cafe insured. The permittee shall provide the City with a certificate of insurance and shall execute an indemnification agreement, approved by the City Attorney, prior to operation of the sidewalk cafe.
As a condition of the permit, the permittee must indemnify and hold the City harmless from any claims arising from the use of the permit.
Standards and conditions.
Every sidewalk cafe shall have a barrier established surrounding a minimum of 80% of the beer garden area with such barrier not less than four feet in height above the ground of the area immediately outside of the enclosed area of the sidewalk cafe, except as otherwise provided herein. At a minimum, one designated opening shall be created of sufficient width to accommodate ease of ingress or egress, other than through the licensed establishment, for emergency purposes.
No portion of any sidewalk cafe may encroach on the sidewalk adjacent to any other property other than the property that is licensed in this chapter.
The permittee shall maintain approximately a four-foot-wide unencumbered, open and accessible portion of the sidewalk for pedestrian traffic safety at all times. The permittee shall comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C. §§ 12101 to 12213, and all applicable federal, state and local laws.
The permittee shall provide for the removal of garbage and be responsible for the cleanliness of the outdoor area.
The use of a portion of the public property as a sidewalk cafe shall not be an exclusive use and shall not have any vested rights. All public improvements, including, but not limited to, trees, light poles, traffic signals, manholes or any public-initiated maintenance procedures, shall take precedence over said use at all times.
The City Manager, Chief of Police, or his/her designees may temporarily order the termination of sidewalk cafes for the following reasons, but not limited to, special events, including, but not limited to, construction, parades, sponsored runs or walks, or for any reason to maintain the health, safety, and welfare of the public. The permittee shall be responsible to remove any furniture, furnishings, and equipment upon termination, and if the permittee fails to do so, the City may remove the furniture and other items and store it, if necessary, at the permittee's expense.
Furnishings. All furniture, furnishings, and equipment shall be of safe, sturdy construction and shall be maintained in good repair. Any heaters or other equipment/furnishings shall be portable and approved for outdoor use. All umbrellas shall be anchored in such a way that a sudden burst of wind will not lift them out of their holders or blow them over. No public property, including, but not limited to, light poles, utility poles, flower planters, trees or other amenities, may be used as a point of attachment for anything, including, but not limited to, ropes, posters or signs.
Lighting. The permittee shall keep the sidewalk cafe area sufficiently illuminated so as to prevent injury to persons using the same. Any lighting of the outdoor area shall be shielded so as not to shine directly onto adjoining property or create a glare which is distracting to adjoining property or vehicles traveling in the public right-of-way.
Hours of operation. Sidewalk cafes shall remain closed to the public between the hours of 11:00 p.m. and 6:00 a.m.
Serving of alcohol beverages. The City of Two Rivers allows permittees to serve alcoholic beverages in outdoor cafes, provided that the permittee complies with all the requirements for obtaining an alcoholic beverage license and the sidewalk cafe is listed on the alcohol beverage license application as being an extension of the licensed premises. Alcohol may be served at sidewalk cafe if:
The permittee has a valid and appropriate retail alcohol beverage license for the principal premises.
No alcoholic beverages may be served at any time if the restaurant has not received Council approval for the enlargement of the 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 the enlargement of premises to allow for the consumption of alcoholic beverages within the sidewalk cafe area only. Approval of the enlargement of premises area (sidewalk cafe) shall not grant any permittee or licensed premises any vested rights and such approval may be suspended or revoked or nonrenewed without cause being shown.
The outdoor area utilized for service and consumption of food and alcohol beverages shall be visible from the restaurant establishment.
Alcoholic beverages must be sold and served by the permittee or permittee's employees who have operator's licenses and sold, served and consumed by patrons seated at tables in the sidewalk cafe. [Reference §§ 125.32(2) and 125.68(2), Wis. Stats.]
Alcoholic beverages may only be served at the sidewalk cafe when food service is available through the licensed establishment.
The permittee shall not allow patrons of the sidewalk cafe to bring alcohol beverages into the sidewalk cafe, nor to carry open containers of alcohol beverages about in the sidewalk cafe area, nor to carry open containers of alcohol beverages served in the sidewalk cafe outside the sidewalk cafe area.
The permittee shall display signage indicating alcohol may only be consumed by patrons seated at tables in the sidewalk cafe.
The bar from which the alcohol beverages are dispensed shall be located indoors and shall not be located in the sidewalk cafe area.
The permittee shall be responsible for the acts of all employees, patrons and agents of the business. A violation of any provision of this section, any City ordinance or Ch. 125, Wis. Stats., by a patron, agent or employee of the permittee shall constitute a violation by the permittee.
Penalty. Any person in violation of this section shall be subject to a forfeiture of $50, plus costs; provided, however, that such persons shall be subject to a forfeiture of $100, plus costs, for a second offense not arising out of the same incident and occurring within any twelve-month period; and $200, plus costs, for a third and any subsequent offenses not arising out of the same incident and occurring within any twelve-month period. If any person shall violate this section on three or more occasions, in any twelve-month period, and such violations do not involve the same incident, the City may order the revocation of the sidewalk cafe permit and the permittee shall be liable for all court costs incurred in pursuing the order.