(A) Purpose. The purpose of this section is to provide for the establishment, administration, and regulation of sidewalk cafés.
(B) Leases and permits.
(1) Sidewalk cafés may be authorized by lease (if the establishment will serve alcohol) or permit (if the establishment will not serve alcohol) pursuant to the provisions of this § 97.042.
(2) Sidewalk cafés authorized by lease or permit shall be permitted to operate upon public sidewalks located within the city's commercial zoning districts.
(3) The city shall retain ownership of all areas utilized for sidewalk cafés.
(4) Sidewalk café leases and permits shall expire one year following issuance unless renewed in accordance with this section.
(5) All sidewalk cafés shall be adjacent to such building or storefront. Adjacent storefront areas may be utilized upon obtaining written consent from the adjacent owner and proof of insurance coverage.
(6) All sidewalk cafés shall provide for safe and adequate pedestrian walkway in accordance with relevant laws and regulations and must further provide for adequate space for parking meters, if any, passage to and from parked vehicles, and ingress and egress to and from parked vehicles, and shall at a minimum provide a 48-inch walkway.
(7) Furniture must be affixed in a manner that is non-permanent and that does not pose a safety hazard, but that also is not permanently affixed.
(8) The City of Clinton Building and Neighborhood Services Department (“Clinton BNS”) shall be responsible for the administration of this section, including preparation and distribution of permit applications, review of permit or lease materials, issuance of permits, and all other functions necessary to effectuate the purposes of this section.
(C) Applications.
(1) Fees for annual sidewalk café leases and permits shall be $25. Fees will be waived for the 2018 start-up season.
(2) Application materials and submittal requirements necessary to effectuate annual leases and permits for sidewalk cafés, in accordance with this § 97.042, shall be prepared and supplied by Clinton BNS, and shall include, without limitation, lease and permit agreements (containing indemnity provisions), site plans, floor plans, retainer details, and insurance certificates (including dram shop insurance for leased sidewalk cafés serving alcohol beverages).
(3) Leases.
(a) Upon receipt of all required application materials and submissions for a new sidewalk café lease for an establishment that will serve alcohol on the premises, and completion and approval of any required fire and building inspections, Clinton BNS will issue a decision on the application in writing within seven days of submission of an application and all appropriate attachments.
(b) Applications for the renewal of unexpired sidewalk café leases issued during the prior calendar year may be issued by Clinton BNS within five business days of receipt of a complete application. No comment period shall be required for lease renewal applications.
(4) Permits.
(a) Sidewalk café permits for establishments that will not serve alcohol shall be issued by Clinton BNS within five business days of receipt of a complete application.
(b) Any applicant or adjacent property owner or tenant who feels aggrieved by a determination of city staff regarding the issuance or non-issuance of a sidewalk café permit may appeal that determination to City Council. Appeals must be made in writing within 30 days of the determination complained of, and shall clearly state the determination being appealed, and the nature of the appeal. The appeal shall be scheduled for hearing at the next available City Council meeting.
(D) Delineation of café area. Sidewalk café areas must be clearly delineated. Delineation may be accomplished by temporary fencing, planters, furniture placement, roping or similar means. Items used for delineation must be properly weighted in a manner that does not pose a safety hazard and that is not permanently affixed to the sidewalk or any adjacent structure. Delineation of a café area may also be achieved by complying with the following requirements:
(1) Establishments operating cafés where alcohol is not served. Delineation of a café area in which alcohol will not be served or consumed may be achieved by establishing a clearly defined grouping of tables or other seating arrangement that is both clearly identifiable as belonging to the specific business operating the café and which also allows for the safe use of the sidewalk, streets, or other right-of-way areas adjacent to the café area.
(2) Establishments operating cafés where alcohol is served. Delineation of a café area in which alcohol is served or consumed may be achieved by establishing a clearly defined grouping of tables or other seating arrangement that is both clearly identifiable as belonging to the specific business operating the café and which also allows for the safe use of the sidewalk, streets, or other right-of-way areas adjacent to the café area. Establishments operating such cafés in compliance with this chapter must also, upon request, provide proof of dram shop insurance that extends coverage across 100% of the area occupied by the properly delineated café area.
(E) Hours of operation. Hours of operation of sidewalk cafés shall be as follows:
(1) Except within the Main Avenue Overlay and the Central Business District Overlay areas, a sidewalk café may operate between the hours of 9:00 a.m. and 10:00 p.m.
(2) Within the Main Avenue Overlay and the Central Business District Overlay areas, a sidewalk café may operate between the hours of 9:00 a.m. and 11:00 p.m. Sunday through Thursday, and between the hours of 9:00 a.m. and 12:00 a.m. (midnight) Friday and Saturday.
(F) Sidewalk cafés where alcoholic beverages are served. No alcoholic beverages shall be served in any sidewalk café which is not authorized pursuant to a lease and designated and licensed as an outdoor service area pursuant to § 159.046(P). All regulations generally applicable to outdoor service areas pursuant to § 159.046(P) shall be specifically applicable to sidewalk cafés so designated and licensed. In the event of a conflict between the provisions of § 159.046(P) and this § 97.042, the more restrictive provision shall control.
(G) Sidewalk cafés where food is served. Sidewalk cafés engaged in food service shall follow all applicable federal, state, and local standards for a retail food establishment, including but not limited to satisfying applicable health and safety requirements and inspections, and shall operate in accordance with all applicable sections of this Code of Ordinances.
(H) Miscellaneous provisions.
(1) No amplified music or loudspeakers shall be used in connection with a sidewalk café in violation of the city's noise regulations.
(2) In compliance with the Iowa Smokefree Air Act of 2008, smoking shall be prohibited in any sidewalk café.
(3) Adequate toilet facilities must be available to accommodate added seating within a sidewalk café.
(4) Exits shall be provided in accordance with applicable laws and regulations.
(5) Lessees shall promptly remove snow and ice from their respective sidewalk cafés, and shall further promptly abate any additional snow and ice removal burden imposed upon neighboring properties by improvements constructed for the sidewalk café.
(6) No lessee or permittee shall operate a sidewalk café at any time without adequate supervision of patrons.
(I) Penalty. Any person violating any provision of this section, for which no other penalty is provided, shall be subject to temporary revocation of permit or lease until the infraction is determined corrected by inspection from designated city staff and/or subject to the penalty provisions of § 10.99.
(Ord. 2508, passed 6-24-2014; Ord. 2581, passed 5-8-2018; Ord. 2658, passed 10-13-2020)