(A) Sidewalk cafés permitted; permit required. The owner of a restaurant, which shall include any business selling food and beverages to the public for immediate consumption, may set up tables and chairs on a sidewalk immediately in front of and adjacent to the restaurant premises in accordance with this section. Prior to establishing a sidewalk café, the restaurant owner must obtain a right-of-way permit from the town.
(B) Location. The placement of the sidewalk café shall allow five feet of open sidewalk for ADA and pedestrian access, except in special circumstances approved by the town. The sidewalk café must be at least ten feet away from any fire hydrant.
(C) Compliance with laws and regulations. The restaurant owner is responsible for compliance with all federal, state, and local laws and regulations affecting the operation of their sidewalk café. These include but are not limited to regulation of alcoholic beverages and the Americans with Disabilities Act (ADA), and specifically ADA requirements for accessibility and accommodation into and within the sidewalk café service area.
(D) Separation of café; alcohol service. If the restaurant will serve alcoholic beverages in the sidewalk café area, a barrier shall be provided along the perimeter of the café area in order to separate it from the remaining sidewalk area, as approved by the Indiana State Excise Police. Such barriers shall be between 36 and 42 inches in height, may be flush to the ground, but may not be permanently affixed to the sidewalk. Plastic chains are prohibited and the design and materials of the proposed barrier shall be approved by the town in the permitting process.
(E) No plastic furniture. Plastic tables, furniture, and chairs are prohibited. The restaurant owner should take into consideration the design and character of the restaurant building and surrounding buildings and streetscape when selecting furniture.
(F) Cleanliness. The restaurant owner shall ensure that the sidewalk café is clean and orderly and that tables are promptly cleared of any trash, dishes, glasses, and silverware. The town may require the restaurant to provide and maintain a closed trash container within the sidewalk café area.
(G) No signs or equipment on public property. The restaurant owner may not attach signs or other equipment (e.g., lights, heaters, speakers) to public amenities such as light poles, planters, benches, or street signs.
(H) Winter and off-season. The restaurant shall remove the sidewalk café furniture and barrier (if any) between December 1 and April 1 to ensure that the town can remove snow from the sidewalk, as necessary.
(Ord. 2022-6A, passed 6-20-22)