A. Sidewalk Cafe License: No person or entity shall operate a restaurant which provides outdoor seating on public property for the purpose of serving food or beverages without a valid sidewalk cafe license. Sidewalk cafes are permitted in the public right of way only in the B-1 (downtown) zoning district.
1. Application For License: A sidewalk cafe license shall be granted only to the operator of a restaurant that is in conformance with the city of Fort Madison zoning ordinance. An application for a sidewalk cafe license shall be on a form provided by the city clerk. The application shall require the following information:
a. Name, mailing address, phone number and e-mail address of the applicant and the owner.
b. A detailed drawing to scale of the proposed site indicating the following: the building facade location and the width of the sidewalk from the building facade to the curb; the location and dimensions of the proposed sidewalk cafe area, the points of ingress and egress, the proposed location of the tables, chairs, fencing, serving equipment, planters, borders, awnings, umbrellas, or other facilities to be included in the outdoor seating area. The drawings must also include the location of existing improvements and features on the public property, including, but not limited to, fire hydrants, valves, manholes, street signs, curbs (including the distance from the top of curb to the abutting street), streetlights, traffic signals, trees, benches, fire escapes or other overhead obstructions and the proposed clear width of the public walking area that will remain after the establishment of the outdoor seating area.
c. A schedule of business hours and a schedule of outside dining open hours.
2. Application Fee: The original application fee shall be one hundred dollars ($100.00), with an annual yearly renewal fee of fifty dollars ($50.00). The original application fee must be submitted with the application.
3. Insurance: All applications, original and renewals, shall require the operator to provide a certificate of insurance covering the entire outdoor area and naming the city as an additional named insured in the minimum amount of five hundred thousand dollars ($500,000.00) per occurrence with a one million dollar ($1,000,000.00) annual aggregate. The operator shall, by signing the application, agree to indemnify the city and to hold the city harmless against any and all liability arising from or relating to the operation of the sidewalk cafe, or the location of the cafe on the public right of way, including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through the cafe.
B. Application Approval: The zoning director, or designee, shall grant the application within thirty (30) days of the application being filed, provided the application is in compliance with all applicable requirements of this code.
C. Operation Of Sidewalk Cafe:
1. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws, rules, and regulations.
2. Outdoor keeping or storage of food or beverages shall be permitted during business hours only. All furnishings associated with keeping or storage of food or beverages shall be stored indoors except when in use. No open keeping or storage of dishes, utensils or food scraps shall be permitted. All disposal of trash must occur in the adjacent business premises and not in the outdoor area.
3. Operation of sidewalk cafes shall be permitted only:
a. Between April 1 and November 15;
b. Between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.;
c. Sidewalk cafes shall be open at least fifty percent (50%) of the total weekly business hours from May 1 to October 15;
d. When the restaurant kitchen is open.
4. All furnishings, including, but not limited to, fencing, tables, chairs, planters, umbrellas and signage, must be completely removed from public right of way when outdoor dining is not in seasonal operation.
5. Furnishings must be substantially weighted so as to prevent accidental relocation due to weather. Insufficient weighting shall be grounds for license revocation.
6. Smoking is prohibited in the area governed by this license, and licensee shall place a "No Smoking" sign that complies with Iowa Code 142D.6 at the front entrance of the sidewalk cafe area.
7. Amplified sound equipment shall not be permitted.
8. The sale and consumption of alcoholic beverages in the outdoor seating area shall be restricted by the liquor license governing the restaurant. No alcoholic beverages may be removed from the outdoor seating area, except to the interior of the restaurant. An employee shall monitor the area at all times during the hours alcohol is consumed and shall dispense any alcoholic beverages in compliance with state and local laws.
9. For all sidewalk cafe areas, fencing is required. Fencing design shall be approved by the city. Fencing shall be not less than thirty inches (30") nor more than forty two inches (42") in height. Areas serving alcohol must be adjoining the building with the passable portion of the sidewalk on the street side of the dining area.
a. Design approval shall be at the discretion of the zoning director or designee, after soliciting input from the zoning commission and Fort Madison Main Street and city staff.
10. The use of public sidewalks or right of way for a sidewalk cafe shall be permitted only when incidental to the operation of a restaurant on private contiguous property and only along the frontage of said restaurant.
11. Sidewalk cafes must be adjacent to the building.
12. The operation of a sidewalk cafe shall not interfere with the passage of pedestrians or reduce the open passable portion of the public sidewalk to less than five feet (5') clear of all obstructions.
a. Exceptions: Passable portion of the sidewalk may be reduced to four feet (4') if:
(1) The total sidewalk width is less than ten feet (10'), and
(2) The overall length of the reduced sidewalk shall not exceed twenty five feet (25') in any fifty foot (50') distance.
13. In no event shall the placement of furnishings or the operation of the sidewalk cafe obstruct access to any crosswalk, curb cut, fire hydrant, fire escape or fire door, ingress and egress of the business, manhole, valve or obstruct the clear view of any traffic signal, regulatory sign or street sign. Parking spaces may be utilized for a sidewalk cafe only if expressly permitted by the city council.
14. The licensee shall be responsible for the maintenance and upkeep of the public right of way used for the sidewalk cafe and the replacement of damaged public property.
15. When notified by the city to do so, the licensee shall promptly remove all furnishings and obstructions from the public right of way to accommodate special events permitted by the city or to accommodate city repair or maintenance as needed.
16. No special sales on alcoholic beverages specific only to the outdoor seating area are allowed in the sidewalk cafe.
17. All licensed features of the sidewalk cafe must be removed no later than November 21 of each year through and including March 31 of the succeeding year.
D. Public Right Of Way Agreement; Appeals: No licensed sidewalk cafe may be operated without the execution of an agreement with the city clerk. Said agreement will allow use of the public right of way for the exclusive purposes of the license, and no property right is to be conferred by this agreement.
1. If the application is granted, the city clerk is authorized to enter into a public right of way agreement that incorporates some of the information/terms of this application.
2. If the application is denied, the applicant may appeal to the board of adjustment and appeals by filing a written appeal with the board of adjustment. Appeals shall be filed in accordance with subsection 10-20-5E of this title.
E. License Renewal: Each sidewalk cafe license shall be valid for a term not to exceed eight (8) months, beginning on March 21 and ending on November 21 and may be renewed annually thereafter. A renewal application shall provide all the same information as an original application, but copies of the previous year's site plan may be used if there are no changes from the last submission.
F. License Revocation: Sidewalk cafe licenses may be suspended or revoked by the city clerk for any violation of the license requirements as described herein. Grounds for termination of the agreement shall include, but not be limited to, repeated violations of the state and local liquor control laws, violations of the agreement, and creating a safety hazard, health hazard and/or public nuisance under state or local law. Additionally, the agreement may be terminated if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The owner has the right to appeal a decision to terminate the agreement to the board of adjustment and appeals. (Ord. D-30, 4-5-2016)