A minimum of six feet of clear path of travel is required adjacent to the street on all sidewalk cafes located within the DT Downtown Business District. This will be measured from the outside edge of the sidewalk cafe wall, fencing or fence base to the back of curb.
[Adopted as Ch. 19, Art. VI, of the 1999 Code]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Any restaurant business in the Village desiring to operate a sidewalk cafe must obtain a license from the Village Board of Trustees.
A.
The Village Building Inspector and Village Administrator will review applications for outdoor restaurant seating licenses to make sure the outdoor seating area complies with the requirements of the Village ordinance. Site plan review will normally be completed within 10 days of the submission of a completed application.
B.
Outdoor restaurant seating licenses are available only to restaurant businesses that hold a valid County Public Health food handler license.
C.
The applicant must submit to the Village the following:
(1)
A completed application form.
(2)
The applicable fee.
(3)
A copy of the applicant's current county food handler license.
(4)
A copy (if applicable) of the applicant's current Village liquor license.
(5)
Proof of insurance, including general liability insurance, workers compensation insurance, and if applicable, dram shop insurance in an amount approved by the Village's insurance carrier.
(6)
A signed indemnification agreement with the Village.
(7)
A detailed "site plan" drawing to scale of the proposed site indicating the existing building, the points of ingress and egress, the proposed location of the tables, chairs, planters, borders, umbrellas, or other facilities to be included in the outdoor seating area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A.
The licensee must comply with all applicable federal, state and Village health and sanitation laws and regulations, and operation of the outdoor restaurant seating area shall not be detrimental to the health, safety or welfare of persons residing or working in the vicinity.
B.
No outdoor keeping or storage of food or beverages to be served is permitted.
C.
No open keeping or storage of used dishes, utensils, or food scraps is permitted.
D.
Operation of outdoor restaurant seating areas is permitted only when the main place of business is open and not before 8:00 a.m. or after 10:00 p.m.
E.
Doors from the restaurant to the outdoor seating area must be self-closing.
F.
The sale and consumption of alcoholic beverages in the outdoor seating area will be restricted by the liquor license governing the restaurant. An outdoor seating area where alcoholic beverages are sold or consumed must be enclosed by some type of border or fencing and be supervised at all times by a restaurant employee. No alcoholic beverages may be removed from the outdoor seating area.
G.
The outdoor seating area must be accessible to persons with disabilities, and the licensee must at all times comply with all applicable federal, state and Village laws, ordinances and regulations concerning accessibility and non-discrimination in the providing of services.
H.
The outdoor seating area cannot obstruct any fire exit, fire escape, or other required ingress or egress.
A.
The use of public sidewalks or right-of-way for outdoor restaurant seating is only permitted when incidental to the operation of a restaurant on private contiguous property and only along the frontage of the restaurant.
B.
The operation of the sidewalk seating area cannot interfere with the passage of pedestrian or vehicular traffic, or reduce the open portion of the sidewalk to less than six feet of all obstruction, measured from the end of curb.
C.
Fencing is required to delineate the sidewalk cafe from the pedestrian path of travel. The following design standards apply to fencing:
(1)
Fencing must be between 30 inches and 42 inches in height.
(2)
Fencing must be detectable by cane to warn visually impaired persons of potential hazards in the path of travel. Fencing must include one or more of the following detectable elements:
(a)
A toe rail with its top edge at six inches minimum in height and its bottom edge no higher than 1 1/2 inches above the adjacent surface;
(b)
Fencing, landscaping, or other elements detectable by cane spaced no more than 27 inches vertically and no more than 24 inches horizontally; or
(c)
Elements sufficiently detectable by cane to warn visually impaired persons of potential hazards in the path of travel.
(3)
Fence posts must be freestanding bases.
(4)
Fencing must be generally transparent. Solid sheeting surfaces are not permitted.
(5)
Fencing must be constructed of high-quality decorative finish materials. Plastic and/or raw pressure-treated lumber along with posts with pointed tops are not allowed.
(6)
Fencing shall not contain electrical or other utility elements.
D.
All seating and tables must be movable to accommodate wheelchair access.
E.
The placement of furnishings for the outdoor seating area and its operation cannot obstruct access to public property.
F.
The licensee will be responsible for the maintenance and upkeep of the public right-of-way used for the outdoor seating area. No furniture or furnishings may be attached by any means to the public sidewalk or any other public property.
G.
All furnishings and obstructions must be removed from the public sidewalk or right-of-way from November 1 through April 30.
H.
The Village Board of Trustees will establish the annual fee for issuance of an outdoor restaurant seating license.
I.
The license will expire annually on November 1.