§ 152.003 LICENSING PROCEDURES.
   (A)   The city is authorized to issue a revocable, seasonal license to operate a sidewalk café on public property, provided that the applicant has complied with the standards set forth in this chapter.
   (B)   Minor sidewalk café licenses for establishments serving non-alcoholic beverages on public sidewalk areas shall be reviewed by city staff.
   (C)   Major sidewalk café licenses for establishments serving alcoholic and nonalcoholic beverages on public sidewalk areas shall be reviewed by city staff.
   (D)   The applicant must hold a valid business license at the time of applying for a sidewalk café license.
   (E)   The seasonal license shall permit the operation of a sidewalk café from April 1 up to and including October 31 of any calendar year. A license may also be issued for less than a full season or for a stipulated number of operating days.
   (F)   The fees for the license under this provision shall be those fees which have been approved by the City Council.
   (G)   No license shall be issued by the city unless the fees required by this section are paid.
   (H)   Insurance requirement; the requirements and conditions of any insurance shall be those that have been approved by the City Council.
   (I)   Site development plan approval.
      (1)   No outdoor service of food and/or beverages in the form of a sidewalk café shall be established on public property, except in conformance with a site development plan approved by the city staff.
      (2)   A license application available from the city for site development plan approval shall be submitted to the city. The application shall include the following:
         (a)   Name of the individual and business;
         (b)   Individual and business address;
         (c)   Address of the sidewalk occupancy;
         (d)   Property owner if other than applicant (when the applicant is not the owner of the affected property, written authorization from the property owner shall be required to submit the application);
         (e)   Name of the planner, engineer, architect or agent;
         (f)   Dates of occupancy;
         (g)   Hours of occupancy;
         (h)   Capacity of the existing establishment;
         (i)   Areas of occupancy (dimensions) in square feet;
         (j)   Use of musical instruments or sound reproduction system;
         (k)   If alcoholic beverages will be served at outdoor café; and
         (l)   If application is a new application or renewal.
      (3)   The site development plan and the accompanying application shall show the following:
         (a)   The applicant’s entire property and adjacent properties on a location map with streets within a distance of at least 60 feet, at a scale of one inch equals ten feet or other scale showing adequate detail. The site plan shall be submitted on an eight and one-half inch by 11-inch sheet;
         (b)   A detailed plan showing the design, relevant details and location of all temporary structures such as awnings, planters, landscaping, railings, tables, chairs and other equipment, as well as lighting and electrical outlet locations;
         (c)   All exterior lighting, including its type and location. Exterior lighting shall have the shading as will prevent the source of light from being seen from any adjacent residential property or roadway; and
         (d)   If the use of musical instruments and/or a sound reproduction system is planned, the number and types of instruments and/or the type of sound reproduction system. In any event, the use shall be governed by the city’s noise ordinance which regulates and prohibits unnecessary and annoying noise.
      (4)   Copies of the site development plan shall be distributed to the Chief of Police, Fire Chief and the City Manager for review and comments in relation to compliance with this and all other city ordinances.
   (J)   Sidewalk café licenses may be renewed for additional seasons, subject only to the city staff review and submission of the appropriate licenses.
   (K)   Major sidewalk cafés are limited to Conant, Joseph Campau, Holbrook, Caniff and Carpenter.
(Ord. 520, passed 5-9-2006; Am. Ord. 528, passed 10-24-2006) Penalty, see § 152.999