(A) The City Manager is authorized to issue a permit to operate a sidewalk café or provide outdoor seating on public property provided that the applicant has complied with the standards set forth in this section.
(B) Sidewalk café or outdoor seating permit applications for establishments operating on public sidewalks or public property shall be reviewed by city staff and approved by the City Manager. The City Manager reserves the right to forward a permit application to the City Council for its review and consideration. Establishments serving alcohol require approval by the State Liquor Control Commission (O.L.C.C.). No permit shall be issued until such license or permit, as required by the O.LC.C, has been approved and the local approval resolution has been approved by the City Council.
(C) (1) All permits shall be issued on a calendar year basis and shall expire on December 31. Unless another timeframe is specified in the permit, or by the requirements of this chapter, the permit shall allow the operation of a sidewalk café or outdoor seating from March 15 up to and including November 7 of the calendar year for which the permit is issued. All permits shall be reapplied for annually (§ 74-179).
(2) To allow establishments to take advantage of good weather, operation of a sidewalk café or outdoor seating is permitted prior to March 15 and/or after November 7 on a day-by-day basis, subject to the following restrictions.
(a) The establishment has been issued a permit for the current calendar year.
(b) A certificate insurance, meeting the insurance requirements in this section, has been filed with the City Manager.
(c) The operation of the sidewalk café or outdoor seating shall not interfere with the set up or the operation of any special event.
(d) All tables, chairs, table umbrellas, railings, posts, planters and other equipment associated with the operation of a sidewalk café or outdoor seating shall be removed and stored inside of the establishment each night.
(e) During periods of snow accumulation, the placement of tables, chairs, table umbrellas, railings, posts, planters and other equipment associated with the operation of a sidewalk café or outdoor seating shall be placed in a manner that allows no less than 42 inches of cleared sidewalk for pedestrian use.
(D) Any person or establishment granted a permit by the City Manager to operate a sidewalk café or provide outdoor seating on public sidewalks or public property shall pay to the City Treasurer a fee in the amount as established by resolution of the City Council. The City Manager shall not issue a permit unless the fees required by this section are paid.
(E) Existing establishment signage shall be in compliance with the city sign ordinance before a permit will be granted.
(F) (1) Each permit application for a sidewalk café or outdoor seating shall be accompanied by a policy or certificate of insurance, in an amount acceptable to the city, including workers’ compensation, naming the city as an additional insured. Establishments serving alcohol shall also provide a liquor liability policy or certificate of insurance naming the city as an additional insured. A company authorized to do business in the state shall issue such insurance. Required insurance amounts shall be set, from time to time, by resolution of the City Council. The policy or certificate shall contain a clause requiring the insuring company to give ten days written notice to the city manager prior to canceling the policy.
(2) The insurance certificate required by this chapter shall be in effect for any period during which the sidewalk café or outdoor seating is in operation. Failure to provide a current insurance certificate shall be cause for denial, suspension or revocation of the sidewalk café or outdoor seating permit. No establishment shall operate a sidewalk café or provide outdoor seating without filing proof of proper insurance. Denied, suspended or revoked permits may be re-instated upon submittal of proof of proper insurance.
(G) Site development and application approval.
(1) No outdoor service of food and/or beverages in the farm of a sidewalk café or outdoor seating shall be established on public property, except in conformance with a site development plan reviewed by city staff and approved by the City Manager as required by this chapter.
(2) (a) A permit application available from the City Manager’s office for site development plan approval shall be submitted to the City Manager.
(b) The application shall include, but shall not be limited to, the following:
1. Name of the applicant and business;
2. Address of the business;
3. Address of the applicant;
4. Telephone number of the applicant and business;
5. Name of the property owner, if other than applicant;
6. Address of the property owner, if other than applicant;
7. Telephone number of the property owner, if other than applicant;
8. Name of planner, engineer, architect or age, if applicable;
9. Proposed dates of occupancy;
10. Proposed hours of occupancy;
11. Proposed number of tables, chairs, railings, posts, table umbrellas or other items;
12. Proposed color, design, materials and workpersonship of tables, chairs, railings, posts, table umbrellas or other items;
13. Proposed area of occupancy including square feet and dimensions;
14. Whether alcohol will be served;
15. Copy of certificate of insurance;
16. Whether permit application is a new application or renewal; if renewal, applicant shall describe any changes from the previous application; and
17. Written authorization from the owner of the property shall be required where the applicant is not the owner of the affected property
(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 for a distance of at least 25 feet at a scale showing detail sufficient for proper review. The site plan shall be submitted on a sheet no smaller than eight and one-half inches by 11 inches and no larger than 11 inches by 17 inches. Site plans smaller or larger than the sizes prescribed by this section shall not be accepted; and
(b) A detailed plan showing the design, relevant details and location of all temporary structures, such as, but not limited to, planters, landscaping, railings, tables, chairs, table umbrellas, electrical outlets or appliances, hydrants, all ingress and egress, existing lighting and other equipment shall accompany the site development plan and permit application.
(4) The City Manager, or his or her designee, shall distribute copies of the site development plan and permit application to the City Manager, Chief of Police, Fire Chief, Code Enforcement Officer, Downtown Development Director and Director of Public Works for review and comments in relation to compliance with this chapter and all other city ordinances.
(H) Conditions specific to the operation of a business may be incorporated into the permit as required by city staff or the City Manager.
(I) City staff, using historic district standards, shall review permit applications for establishments within the historic district. Appeals shall be made to the Historic District Commission.
(J) Based upon review comments from city staff, the City Manager may approve, approve with conditions, refer the application back to the applicant for modification, deny the application or refer the application to the City Council. If approved, the City Manager shall authorize the City Manager to issue a sidewalk café or outdoor seating permit.
(K) If the City Manager, or his or her designee, denies the application for a sidewalk café or outdoor seating permit, the reason for this determination will be stated in a letter to the applicant. The applicant may appeal the decision in accordance with § 74-177.
(L) In addition to any fees required by this chapter, establishments applying for any license or permit issued by the O.L.C.C. shall be required to pay a non-refundable liquor licensing permit fee to the city in an amount as established by resolution of the City Council.
(Ord. 16-19, passed 4-22-2019)