(A) Agreements authorized. In the interest of promoting business by increasing activity and improving the general business climate in the Downtown Business District, that being the area generally bounded by State Street, Hemlock Street, Warren Avenue, and Linden Street, the city may enter into agreements with businesses located within the district to operate an outside establishment as an extension of, or compatible with, the existing business on a portion of a city sidewalk. In the spirit of supporting a more vibrant downtown the city will organize an outdoor dining program by providing requested barriers, tables, chairs, and planters. This language shall not be construed as to require sidewalk occupancy agreement for entities participating in periodic, district-wide events, such as those sponsored by the Downtown Business Association. The outside activities are limited to activities carried on by the existing business. The City Manager is authorized to execute sidewalk occupancy agreements under this section on behalf of the city subject to all the terms and conditions contained herein.
(B) Conditions. Such agreements shall be executed when the City Manager, or his or her designee, is able to determine that the requested occupancy agreement will not:
(1) Unreasonably interfere with the use of the street for pedestrian or vehicular travel.
(2) Unreasonably interfere with the view of, access to, or use of property adjacent to the street.
(3) Unreasonably interfere with street cleaning or snow removal activities.
(4) Cause damage to the street, trees, benches, landscaping, or other objects lawfully located within the street right-of-way.
(5) Cause a violation of any state or local laws.
(6) Be principally used for off-premises advertising.
(7) Be attached to or reduce the effectiveness of or access to any utility pole, sign, or other traffic control device.
(8) Reduce pedestrian travel area of any sidewalk to less than six feet in width.
(9) Hinder safe pedestrian use of sidewalks or safe ingress or egress to any building.
(C) Conditions of agreement.
(1) The only barriers permitted are those provided by the city.
(a) Excluding 119 N Michigan, which already has an established enclosure and chairs.
(2) Nothing is permitted to be attached to barriers without city approval, signage will not be permitted.
(3) Barriers cannot be moved from the location established by Public Works without the approval of the city.
(4) Planters are provided as part of the barriers. Businesses are responsible for planting and maintaining plants within the planters.
(5) Only furniture provided by the city may be used.
(a) Outdoor seating package will consist of four tables and 16 chairs. Barriers are included to enclose a 25 foot lineal portion of the sidewalk.
(b) Businesses may choose between bar height or regular height tables and the number of tables and chairs needed. Selection is established until there is a need to buy new furniture.
(c) Excluding 119 N Michigan, which already has an established enclosure and chairs.
(6) Businesses are responsible for the maintenance of furniture and barriers while in use.
(7) Businesses may decorate tables in a manner that is not permanent, signage not permitted. All decorations must be removed prior to pick-up each year.
(8) Non-permanent sidewalk coverings are permitted within the barrier area. Businesses are responsible for the maintenance, removal, and storage of such coverings.
(9) Lighting is the responsibility of the businesses. No cords may cross the public walking area or interfere with pedestrian or vehicular traffic.
(10) All seating must be located within the barrier area and cannot infringe on the pedestrian area of the sidewalk. Businesses are responsible to ensure a six-foot pathway is maintained.
(11) Due to the social district, businesses will be required to declare if they intend to service the seating area or allow to be open for public use.
(D) Effective dates. The city shall, provided good weather, install barriers, tables, and chairs on or around May 15 every year. The city will remove barriers, tables and chairs on or around November 15 each year. The exact time will be coordinated yearly through the Department of Public Works.
(E) Fees. There are no fees associated an agreement under this section for the use of the sidewalk. Businesses will be required to pay a $300 rental fee per package per year for the setting, removal, storage and usage of barriers, tables and chairs.
(F) Termination. All agreements may be terminated by the City Manager in the event that the business fails to comply with any of the conditions included in the agreement.
(Ord. 362-7-94, passed 7-5-94; Am. Ord. 382-3-95, passed 4-17-95; Am. Ord. 418-3-97, passed 3-17-97; Am. Ord. 594-04-08, passed 4- 21-08; Am. Ord. 716-02-18, passed 2-19-18; Am. Ord. 811-04-24, passed 4-1-24) Penalty, see § 94.99