SIDEWALK CAFES
(A) The Town of Elkin shall allow areas of town sidewalks to be used by restaurants to serve patrons outside in areas immediately adjoining the restaurant property ("sidewalk cafes") pursuant to the requirements of this chapter.
SIDEWALK CAFES
are defined as an extension of a business beyond the building's exterior walls, onto sidewalks in front of, or in alleyways or property behind, their business. There are two types of sidewalk cafes permitted:
(1) A cafe with tables and chairs for food service without alcohol, or outside seating purposes only. No permits are required for a business that will not be providing alcoholic beverages, however a one-time application to approve a sidewalk cafe not selling alcohol must be submitted and approved, and the regulations in § 114.02 below must be met at all times.
(2) A cafe with tables and chairs for food service allowing for service of alcoholic beverages outside in approved, designated locations that are partitioned off for alcoholic beverage service. Restaurants, cafes, and businesses that wish to open a sidewalk cafe with alcohol must submit an application, be approved, and pay to the town an annual permit fee. Regulations in §§ 114.02 and 114.03 below must be met at all times as well as special alcohol and late night food service hours.
(B) Alcohol served outside on the restaurant's private property is not controlled by town ordinances and do not require a permit. However, all Alcohol Beverage Control (ABC) rules and regulations shall apply, as well as The Americans With Disabilities Act (ADA) requirements.
(C) No business owner may operate a sidewalk cafe or serve alcohol on public sidewalks, parking lots or alleyways, without first submitting an application for a sidewalk cafe. Approval of the application and/or a permit may take up to 60 business days. All fees for the alcohol permit must be paid in full before the permit will be issued.
(D) Permits will be issued each year and will expire on June 30 of the following year. If a permitted business operation/ sidewalk cafe is discontinued, no refund of the permit fee shall be made. Permits issued pursuant to this section shall not be transferable or assignable. Permits may prohibit operation during special events and contain other conditions and restrictions as may be necessary to protect the public health, safety and welfare. In accordance with the town's Schedule of Fees, an annual fee will cover the costs of processing and issuing the Sidewalk Cafe Permit each year. An existing permit must be renewed prior to July 1 each year to continue alcohol sales.
(Ord. eff. 5-12-2014)
(A) The sidewalk cafe must be associated with an operating business so that it is under the same management, and is adjacent to, and shares the same preparation facilities, restroom facilities and other customer convenience facilities as the business.
(B) The tables, chairs and other furnishings used in the sidewalk cafe shall not be anchored and shall be of a type of street furniture that is easily movable, but heavy enough to sustain strong winds.
(C) The placement of tables, chairs, umbrellas and other furnishings must be depicted in a site plan submitted with the application and shall be considered an extension of the business. The outside cafe area shall leave a minimum of three feet of unobstructed space (as measured from the sidewalk's curb towards the building) for the passage of pedestrians and wheelchairs. [ADA minimum is a 36-inch allowable width with sidewalks being at least five feet in width]. No fire exits or lanes may be blocked and must remain clear at all times. Adjacent business frontage cannot be used for the purposes of a sidewalk cafe.
(D) Each sidewalk cafe shall provide adequate waste receptacles for its patrons, and if applicable, recycle bins. At the end of each business day and during operating hours, the operator shall remove all trash and debris of any sort from the receptacles and sidewalk area in and around the sidewalk cafe. In addition, the operator shall remove from the sidewalk and street alongside and from abutting properties, any other trash or debris originating as a result of the operation of the sidewalk cafe. If multiple complaints are received regarding trash violations at a location, the permit to serve alcohol at that location may be suspended for 30 days, or revoked until the next permit cycle begins, and a new application is submitted and approved.
(E) If a waste receptacle is not currently located in front of the proposed sidewalk cafe, one should be provided by the business owner to accommodate the disposal of trash by their patrons. The waste receptacle must be similar in style to current receptacles used along Main Street in Elkin.
(F) There shall be NO SMOKING in the sidewalk cafe area.
(G) Any damage to the sidewalks, light poles, town receptacles or any other town property that occurs as a result of the sidewalk cafe, or due to misuse or as a result of negligence, shall be the responsibility of the business owner/ permit holder to repair or replace.
(H) The hours of operation of all sidewalk cafes can be scheduled during regular business hours. However, sidewalk cafes that serve alcohol can only serve alcoholic beverages and late night food menus outside from 10:00 a.m. to 12:00 midnight, Monday through Saturday, and 12:00 noon through 12:00 midnight on Sundays. Noise ordinances go into effect at 10:00 p.m. every evening.
(Ord. eff. 5-12-2014; Ord. eff. 10-6-2014)
(A) The sidewalk cafe area serving alcohol must comply with all requirements of the North Carolina ABC Commission, including but not limited to the requirement that the area that contains tables, chairs, umbrellas and such for serving patrons must be confined to an area designated with a "boundary apparatus" or barrier that clearly defines the area within which alcohol must be contained. Barriers that enclose the sidewalk cafe cannot be relocated to accommodate extended areas of service not provided on the original site plan. However, changes for the site plan can be submitted for approval to the Town throughout the year.
(B) The style of barrier or boundary apparatus must be approved. Plans and example photos should be attached with the permit application.
(C) Alcoholic beverages may be served in approved sidewalk cafes, provided that the cafe shall be part of a restaurant business and shall otherwise be authorized, permitted or licensed under North Carolina law to serve and sell alcoholic beverages for "on-premises" consumption. If an adjacent property is owned by the same building owner, service may be extended in front of the adjacent property with the approval of the town. Provided, however, the business address of the adjacent property must be included in the restaurant's "on premises" ABC license and insurance coverage. The business owner must show proof of this coverage.
(D) Copies of all permits and licenses issued by the county, state or the town, including health department, ABC permits, and business licenses, necessary for the operation of the business, must be on file with the town.
(E) Signs shall be posted, visible at all exit points from the sidewalk cafe, that it is unlawful to remove alcoholic beverages from the premises. Signs must be approved by the Town Planning Director (for more information, call 336-794-6467) before purchasing and installing.
(F) No outdoor bar is allowed within the sidewalk cafe, nor shall outdoor preparation of alcoholic beverages be permitted.
(G) The permit applicant shall provide to the town proof of insurance policy, issued by an insurance company licensed to do business in the state, protecting the permittee and the town from all claims for damages to property and bodily injury, including death, which may arise from operation under or in connection with the permit. The insurance shall name the town as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date, without 30 days advance written notice to the town. The insurance shall afford minimum limits of $1,000,000 aggregate annually. In addition to the aforesaid general liability coverage provided by the permittee on behalf of the town, the permittee shall also offer proof of a liquor liability policy or endorsement issued by an insurance company licensed to do business in the state, which protects the permittee and the town from all claims for damages to property or bodily injury, including death, which may arise from operation under or in connection with the permittee (and specifically for the sale and consumption of alcoholic beverages as authorized by this chapter). This liquor liability policy or endorsement shall name the town as additional insured and shall provide that the policy or endorsement shall not terminate or be canceled prior to the expiration date, without 30 days written notice to the town. The liquor liability insurance policy or endorsement shall afford minimum limits of $1,000,000 aggregate annually.
(Ord. eff. 5-12-2014)
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