City of Williston, ND In General

[Code 1957, § 23.2; Ord. No. 557, 6-24-1980; Ord. No. 845, 4-10-2001; Ord. No. 1043, 6-24-2016]

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.

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]

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.

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]

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:

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.

Permit holders for outdoor sidewalk cafes and their employees shall meet the following:

Sidewalk Cafe General Regulations:

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.

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.

Permanent structures are not permitted, nor is drilling or otherwise altering public sidewalks without the permission of the City Engineer.

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.

Smoking shall not be allowed within the outdoor sidewalk cafe.

Cooking, food preparation or self-service food shall not be allowed in such outdoor sidewalk cafes.

ii.

Sidewalk Cafe Clearance Regulations.

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.

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.

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.

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.

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.

Employees of the permit holder for the outdoor sidewalk cafe shall not consume alcoholic beverages while working in the outdoor sidewalk cafe.

Sidewalk Cafe Design Regulations.

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.

If the cafe does not serve alcohol, decorative planters and other living material should be included with the cafe design.

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]

The permit holder shall comply with all noise regulations set forth in the Williston City Code of Ordinances.

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.

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.