[Code 1957, § 23.2; Ord. No. 557, 6-24-1980; Ord. No.
845, 4-10-2001; Ord. No. 1043, 6-24-2016]
(a) It shall be unlawful for any person, firm, corporation, transient, merchant, church, club, charitable institution, hawker or peddler to vend, sell, dispose, or offer to vend, sell, dispose or display any goods, wares, merchandise, produce or vegetables, on any public walk, street, alley, sidewalk or similar area within the city, except as expressly allowed for within this Section, Section
20-2, or other sections of the municipal code of ordinances, by Section
20-1, items b through d, and as allowed by Section
20-2.
(b) Notwithstanding the hereinbefore provided prohibition against sidewalk
sales, such sales shall be allowable in the event of a city-wide promotion
sponsored by the Williston Chamber of Commerce, such as "Crazy Days"
or "Moonlight Madness," in which the Williston Chamber of Commerce
sponsors a special promotion and advertising for a one-day period
of time to promote special sales of merchandise, provided that the
central business district merchants, in general participate in such
promotional sales. The Williston Chamber of Commerce shall first submit
a written application for permission on behalf of the businesses to
conduct such special sales, and no such sales shall be permitted prior
to the approval of the same by the board of city commissioners.
(c) In the event of the allowance of a special promotional sale, no street
or alley in the city shall be blocked by any merchandise offered for
sale hereunder unless authorized by the city commission and proper
traffic control devices are provided. A five-foot passageway for pedestrians
shall be left open, and merchandise shall be securely and adequately
placed so that it will not endanger passersby or fall or extrude into
any street or alley. Such sales shall not be operated in any manner
which would cause a nuisance, or create a fire hazard.
(d) The chief of police and the chief of the fire department, or their
authorized agents, shall make or cause to be made sufficient inspections
to insure the compliance with the provisions of this section and other
applicable provisions of the city ordinances by the personnel conducting
such sales.
[Ord. No. 1043, 5-24-2016; Ord. No. 1083, 7-10-2018; Ord. No. 1086, 9-11-2018]
(a)
Outdoor sidewalk cafes.
a. No person may own, set up or operate an outdoor sidewalk cafe without first obtaining a permit and meet the requirements and conditions laid out in Section
20-2. The Planning Director is authorized to issue a permit for an outdoor sidewalk cafe, with approval from the Building Official, City Engineer, and local North Dakota Department of Transportation office, if requested area is on an NDDOT right of way, and the City Alcohol Committee, if the outdoor sidewalk cafe will include alcohol. Food and beverages may be sold in outdoor sidewalk cafes on public sidewalks only pursuant to a permit issued by the Planning Director. An outdoor patio area may only be located adjacent to the business that has received the permit to operate the outdoor patio area.
[Amended 7-28-2020 by Ord. No. 1113]
b. Permits are issued annually and are only valid for a twelve-month
period. All permits shall expire on November 1 of each year regardless
of when a person obtains a permit.
c. Outdoor sidewalk cafe permits which wish to sell alcohol may only be issued to businesses with liquor licenses as provided for in Section
3-37(b)(17) or (19) of Chapter
3 of the Municipal Code of Ordinances. Permits may only be issued to restaurants which have indoor seating; outdoor sidewalk cafes are meant to be an extension of an indoor business.
[Amended 7-28-2020 by Ord. No. 1113]
d. Any violations of this ordinance will be subject to the removal of
the outdoor sidewalk cafe permit for the remainder of the permit issuance
period, as follows:
i. Any person having information that the outdoor sidewalk cafe permit
holder has violated any provisions of this ordinance may submit a
complaint to the Planning Director setting forth such violation and
upon receipt of such complaint the matter shall be set for hearing
in a reasonable period of time at the regular meeting of the Board
of City Commissioners. A copy pf the complaint and notice of the hearing
will be mailed to the sidewalk cafe permit holder by registered or
certified mail not less than 10 days before such hearing.
ii.
Upon the board of City Commissioners making a written finding
that a violation of this ordinance occurred, it shall immediately
revoke the outdoor sidewalk cafe permit.
e. Permit holders for outdoor sidewalk cafes and their employees shall
meet the following:
i. Sidewalk
Cafe General Regulations:
1.
The permit holder shall set up the outdoor sidewalk cafe, including,
but not limited to, the furniture, canopies, fencing and/or other
accessories used for the outdoor sidewalk cafe, only in the area designated
by the city on the permit, specifically excluding roadways. The outdoor
sidewalk cafe shall not impede, endanger or interfere with pedestrian
or vehicular traffic.
2.
Tables, chairs, ropes, fences and any other structure or item
placed on the sidewalk must be removed from the sidewalk by November
1 each year and may not be set out until April 1 each year.
3.
Permanent structures are not permitted, nor is drilling or otherwise
altering public sidewalks without the permission of the City Engineer.
4.
The permit holder shall comply with all city health and other
applicable regulatory agency requirements, including, but not limited
to, the requirements for food service. The permit holder shall display
in a conspicuous location all such required permits and/or licenses
and shall provide copies of those permits and/or licenses to the city
prior to issuance of a permit for an outdoor sidewalk cafe by the
city. The permit holder shall continuously maintain the required approvals,
permits and/or licenses and provide evidence to the city of the continuous
maintenance of them.
5.
Smoking shall not be allowed within the outdoor sidewalk cafe.
6.
Cooking, food preparation or self-service food shall not be
allowed in such outdoor sidewalk cafes.
ii. Sidewalk
Cafe Clearance Regulations.
1.
Furniture, canopies, fencing and/or other accessories used for
the outdoor sidewalk cafe shall be located so that a minimum clearance
required by the Williston Building Code or the Americans with Disabilities
Act, whichever is more restrictive, shall be provided at all times.
2.
No outdoor patio area equipment, fencing or furniture may be
placed in such a manner as to obstruct a building exit.
iii. Sidewalk Cafe Maintenance Regulations.
1.
The permit holder shall provide proper containers or some other
means for the collection of waste and trash within the outdoor sidewalk
cafe permitted. The permit holder shall keep the immediate area around
the outdoor sidewalk cafe and the outdoor sidewalk cafe clean of garbage,
trash, paper, cups, cans or litter associated with the operation of
the outdoor sidewalk cafe. All waste and trash shall be properly disposed
of by the permit holder.
2.
The permit holder shall be responsible for the maintenance,
upkeep and security of the fencing, furniture and accessories of the
outdoor sidewalk cafe and the city shall not be responsible for the
same.
iv. Sidewalk
Cafe Alcohol Regulations.
1.
For any outdoor sidewalk cafe where alcoholic beverages are
served, the permit holder shall comply with all state and local regulations
for the sale, possession and/or consumption of alcoholic beverages
and shall provide the city with a copy of any and all required permits
or licenses for the sale, possession and/or consumption of alcoholic
beverages and the diagram and/or plans showing the location of the
outdoor sidewalk cafe which were submitted for the permit or license.
2.
Employees of the permit holder for the outdoor sidewalk cafe
shall not consume alcoholic beverages while working in the outdoor
sidewalk cafe.
v. Sidewalk
Cafe Design Regulations.
1.
If a cafe serves alcohol, the area of the outdoor sidewalk cafe
must be effectively partitioned by rope, temporary fence, barrier,
planters, or other device designed and intended to separate the outdoor
sidewalk cafe from passersby. These partitions must be constructed
to provide cane detection for pedestrians who are blind or have visual
impediments, and must have a detectable barrier run continuously along
the pedestrian side of the partition at a height of 27 inches or less.
2.
If the cafe does not serve alcohol, decorative planters and
other living material should be included with the cafe design.
3.
Design of the fencing, barriers, furniture and accessories for
an outdoor sidewalk cafe must be approved during the permit process
prior to a permit being issued for their use. The applicant must provide
a photograph, drawing or sketch of the design of the fencing, barriers,
furniture and accessories to be used for the outdoor sidewalk cafe
as part of the application for a permit. The design of the area and
furniture should reflect the goals of the Downtown Plan, and should
include quality materials. Fencing or barriers should consist of quality
materials. Living materials are encouraged.
vi. Sidewalk
Cafe Noise Regulations.
[Amended 7-28-2020 by Ord. No. 1113; 10-27-2020 by Ord. No. 1120]
1.
The permit holder shall comply with all noise regulations set
forth in the Williston City Code of Ordinances.
2.
The permit holder shall not have on the premises any bell, siren,
horn, loudspeaker or any similar device to attract the attention of
possible customers nor shall the permit holder use any such device
to attract attention.
3. The sidewalk cafe shall be allowed to operate until 11:00 p.m. CST,
regardless of the hours of the indoor seating.
(b) Merchant display area.
(1) In cases where the sidewalk in front of a business in commercial
zones is part of the City right of way, businesses may utilize three
feet of sidewalk area, measured from the property line toward the
street, in order to place planters, benches, and other decor. In all
cases, a five-foot area of the sidewalk must remain free of obstruction
in order to remain in compliance with ADA requirements.