(a) Introduction; Purpose.
(1) No establishment may operate a sidewalk cafe without first having obtained approval of the Village Board, subject to the conditions of this Section. The provisions of this Section are applicable to all sidewalk cafes whether licensed or not to sell alcohol beverages.
(2) There may exist a need for outdoor eating facilities in certain areas of the Village of Edgar to provide a unique environment for relaxation, social interaction, and food consumption.
(3) Sidewalk cafes will permit enhanced use of the available public rights of way, will complement the restaurants operating from fixed premises, and will promote economic activity in an area.
(4) The existence of sidewalk cafes encourages commerce but their presence may impede the safe flow of pedestrians. Therefore, a need exists for standards for the existence and operation of sidewalk cafes to ensure a safe environment.
(5) The establishment of permit conditions and safety standards for sidewalk cafes is necessary to protect and promote public health, safety and welfare.
(b) Definitions.
(1) Sidewalk Cafe. An expansion of a full service restaurant creating an outdoor dining facility on part of the public right of way that immediately adjoins the licensed premises for the purpose of consuming food or beverages prepared at the full service restaurant adjacent thereto.
(2) Full Service Restaurant. An establishment whose food sales are greater than fifty percent (50%) of its gross receipts.
(c) Application; License Fee.
(1) An application for expansion of the premises or the licensed premises to include a sidewalk cafe shall be filed with the Village of Edgar with the following information:
a. The name, address and telephone number of the person or persons who will be responsible for the sidewalk cafe;
b. An accurate detailed description and/or design including dimensions of the property and the licensee's property, if serving alcohol.
(2) Each permit shall be effective for one (1) year, from April 1 until March 31.
(3) The permit issued may be transferred to a new owner only for the location and area listed in the permit. The transferred permit shall be valid only for the remainder of the period for which it was originally issued. A new certificate of insurance must be filed with the Village within thirty (30) days of the permit transfer.
(4) The application shall be accompanied by payment of a fee as prescribed in Section 1-3-1 for review of the application. The application shall expire on June 30th of each year.
(d) Requirements. Sidewalks cafes approved under this Section shall be subject to the following requirements. The Village Board may impose additional requirements at its discretion:
(1) The service and consumption of alcohol beverages in the sidewalk cafe shall be limited to the hours of operation of the sidewalk cafe and Village ordinances.
(2) Alcohol beverages shall only be served to patrons of the establishment by a properly licensed server in the sidewalk cafe.
(3) Patrons of the sidewalk cafe shall remain seated at the table when consuming alcohol beverages.
(4) Alcohol beverages shall only be served to patrons of the establishment with food service in the sidewalk cafe.
(5) All sidewalk cafes shall be placed within approved boundaries of the sidewalk cafe site as determined by the Village Board. The Village Board shall make said determination by considering the following minimum factors: the distance the table and chairs of said cafe can extend into the sidewalk, upon considering the width of the sidewalk; no obstruction or interference with the public pedestrian walkway or interference with automobile traffic is allowed.
(6) The entire sidewalk surface for the proposed sidewalk cafe shall be paved. A "paved surface" includes concrete, asphalt, cement, brick, pavers, or other impervious surface. Paved areas of the establishment's private property may be included within the boundary of the proposed cafe, if immediately adjacent to the paved public sidewalk. Trash receptacles shall be provided within the sidewalk cafe.
(7) An establishment is not eligible for a license if, in the opinion of the Village Board, the sidewalk cafe has obstructions on the adjacent sidewalk which interfere with the public right-of-way. The sidewalk cafe shall have at least one (1) unobstructed entrance, the position of which allows sufficient access to the public entrance for ingress and egress from and to the restaurant.
(e) Case-by-Determination. Given unique circumstances, the Village Board may on a case- by-case basis modify or add to the above requirements.
(f) Responsibility of Licensee. The license holder shall, in addition to all other requirements of the law, the Village alcohol beverage license, and this Section, take reasonable steps to ensure that alcohol beverages are consumed only by patrons of the establishment who are of legal drinking age, and not by passersby or persons who are not of age or who are obviously intoxicated. Reasonable steps may include, but not be limited to, the use of portable barriers or fences, supervision of the outside area by security and staff personnel, or electronic surveillance monitors. Failure to take reasonable steps and use them at all times in the sidewalk cafe is grounds for suspension or revocation of the sidewalk cafe permit.
(g) Responsiblity of Patrons. No person shall leave the sidewalk cafe area listed in the permit with an alcohol beverage. Any person doing so shall be in violation of the Village of Edgar outdoor consumption ordinance prohibiting the consumption of alcohol or possesson of open containers on the streets.
(h) State Statutes Enforced. Every permittee under this Section shall comply with and enforce all provisions of Ch. 125, Wis. Stats. Violation of the provisions of Ch. 125, Wis. Stats., shall be grounds for immediate revocation of the sidewalk cafe permit.
(i) Violations. Failure of the licensee to comply with any of the provisions of this Section shall be grounds for suspension, non-renewal or revocation of the sidewalk cafe permit and/or the licensee's alcohol beverage license or licenses.