A. License Required: Any establishment in the city which is licensed by the appropriate health inspection department to sell food for consumption on designated premises may apply to the city council for a special license to conduct a portion of such licensed business in a sidewalk cafe on a part of the public way immediately adjoining the licensed premises. Before such license is issued, a public hearing before the city council and the planning commission or the heritage preservation commission, if the request is in the Little Falls historic district or for property designated as heritage preservation site, shall be held and such license shall conform with subsection B of this section and any other conditions as so required by the city council.
B. Restrictions:
1. Each license issued pursuant to this section shall specify the area in which such a cafe may be operated; provided, that no sale or service shall be permitted in any portion of the street designated for vehicular travel.
2. The license does not authorize any permanent installation to be placed on or in the way, or permit the placing or leaving on the sidewalk of any tables, chairs, furnishings or other equipment during any periods of time such cafe is not open and being operated.
3. Sidewalks will be required to be cleaned daily by the license holder and outside trash disposal and electricity will be provided from within the establishment.
4. A scaled diagram will be required to be submitted with information as requested on the application, including, but not limited to, the dimension of the sidewalk cafe area, position of tables, fixtures and anything else to be placed on the sidewalk, and the width of the sidewalk remaining for pedestrian use.
5. Any requests for a sidewalk cafe license for establishments will be limited to placement of tables and other items immediately adjacent to their premises only; provided, that a minimum of five feet (5') of sidewalk width remains for pedestrians.
6. No such license shall authorize a sidewalk cafe at any location where the same is prohibited by state law, or the city code, or for the arts and craft fair, except as provided herein.
7. Except as specifically provided herein, the ownership, operation and maintenance of a sidewalk cafe shall be subject to all applicable laws, ordinances and regulations.
8. No sidewalk cafe license shall be issued to any establishment holding any "on" or "off sale" liquor, wine or beer license.
C. Special License Procedures:
1. An applicant for a license under this section shall file an application on forms provided by the city administrator.
2. The city administrator shall also notify the manager of city services, police chief, fire chief, the appropriate health inspector and the Minnesota department of transportation, should the sidewalk cafe be on a trunk highway, of such application and they shall make each report to the city administrator and make such recommendations within seven (7) days as they deem appropriate.
3. The recommendation of these department heads and appropriate bodies will be necessary before such application shall be reported to the planning commission, or heritage preservation commission and city council for their action.
D. Insurance Required:
1. No license authorized by this section shall be effective until the applicant therefor has filed with the city administrator evidence of insurance insuring the applicant against liability imposed by law arising out of ownership, maintenance or operation of such sidewalk cafe in amounts of at least one hundred fifty thousand dollars ($150,000.00) for the injury or death of one person, three hundred thousand dollars ($300,000.00) for the injury or death of two (2) persons, and ten thousand dollars ($10,000.00) for damage to property.
2. The city shall be named as an additional insured by the licensee insured in the policy providing such insurance, and such policy shall further provide that it may not be cancelled except upon ten (10) days written notice filed with the city administrator.
3. No license issued pursuant to the provisions of this section shall be valid at any time the insurance required herein is not maintained and evidence of its continuance filed with the city administrator. (Ord. 8, 4th Series, 7-19-1993)