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It is unlawful for a person to throw or deposit on any sidewalk any glass, nails, glass bottle, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any substance likely to injure any person, animal or vehicle.
(Code of Iowa, Sec. 364.12 [2])
It is unlawful for a person to place upon or above any sidewalk, any goods or merchandise for sale or for display in such a manner as to interfere with the free and uninterrupted passage of pedestrians on the sidewalk; in no case shall more than three (3) feet of the sidewalk next to the building be occupied for such purposes.
1. Definition. A sidewalk café is any group of tables and chairs and any authorized decorative and accessory devices situated and maintained upon the public sidewalk for use in connection with the consumption of food and non-alcoholic beverages sold to the public from or in an adjoining indoor restaurant or other indoor business selling food for consumption on the premises (hereafter “adjacent restaurant”).
2. Where Permissible. A sidewalk café is permitted only in zoning districts that allow indoor adjacent restaurants and then only if the sidewalk café is contiguous to an adjacent restaurant and the café’s operation is incidental to and a part of the operation of such adjacent restaurant. The sidewalk café shall be located on the public sidewalk immediately contiguous to and abutting the adjacent restaurant which operates the café, provided that the area in which the sidewalk café is located extends no farther along the sidewalk’s length than the actual sidewalk frontage of the adjacent restaurant, and provided further that all other applicable provisions of this chapter are fulfilled.
3. Alcoholic Beverages. The service or consumption of alcoholic beverages to customers using the sidewalk café is prohibited.
4. Number of Sidewalk Cafés. The adjacent restaurant shall be permitted to operate only one sidewalk café and each sidewalk café shall be confined to a single location on the sidewalk.
5. Sidewalk Clearances. A sidewalk café shall be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and operation of the proposed café. A sidewalk café shall not occupy more than 50 percent of the sidewalk’s width at any point as measured from the curb and there shall be a minimum of four (4) feet of sidewalk clear of obstructions.
6. Tables and Chairs; Location and Requirements of Furniture. All tables and chairs comprising a sidewalk café shall be set within the 50 percent area of the sidewalk measured from the curb and shall not be situated within 20 feet from any street intersection.
7. Fixtures. All outdoor dining furniture including tables, chairs, umbrellas, and authorized accessory items shall be readily movable. “Readily movable” means that no object as stated above which is part of the sidewalk café shall be leaded, cemented, nailed, bolted, power riveted, screwed in or affixed, even in a temporary manner, to either the sidewalk on which the sidewalk café is placed, to the building, or to any other structure which the sidewalk café abuts. Umbrellas must be secured with a minimum portable base of not less than 60 pounds. Outdoor heaters, fans, air conditioners, amplified sound or speakers are prohibited.
8. Signs. Signs shall not be allowed within any outdoor café area, except for the name of the establishment on an awning or umbrella fringe.
9. Delineating Sidewalk Café Area. The sidewalk café shall be delineated by functional, portable and attractive barriers separating patrons from the pedestrian traffic on the sidewalk. The detailed requirements for each sidewalk café will be determined as warranted. The barriers shall be within the 50 percent of the sidewalk designated for the sidewalk café in order to ensure a minimum of four (4) feet of sidewalk width clear of obstructions.
10. Food and Beverages. A sidewalk café shall serve only food and non-alcoholic beverages prepared or stocked for sale within the adjacent restaurant.
11. Service Requirements. The outdoor preparation of food and busing and service stations are prohibited at sidewalk cafés. The pre-setting of tables with utensils, glasses, napkins, condiments and the like is prohibited. All exterior surfaces within the café shall be easily cleanable and shall be kept clean at all times by the permittee. Restrooms for the café shall be provided in the adjacent restaurant and the sidewalk café seating shall be counted in determining the restroom requirements of the adjacent restaurant.
12. Trash and Refuse Storage. Trash and refuse storage for the sidewalk café shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and lifter as it accumulates. The permittee shall be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent area in a clean and safe condition. The use of any disposable paper, plastic or Styrofoam products is strictly prohibited; this includes, but is not limited to plates and dishes, glassware, silverware, napkins and serving dishes. This section shall be strictly enforced.
13. Days and Hours of Operation. Sidewalk cafés shall operate on days whenever fair weather would enhance outdoor dining between the dates of April 1 to October 31 of the given year that the Sidewalk Cafe Permit is issued. The hours of operation are limited to between 7:00 a.m. to 11:00 p.m. Tables, chairs and all other furniture used in operation of an outdoor café shall be removed from the sidewalk and stored indoors at night, and whenever the café is not in operation.
14. City Powers. The City shall have the authority and power, acting through the Zoning Administrator (hereafter “Administrator”), to prohibit the operation of a sidewalk café any time because of reasonably anticipated or actual problems or conflicts in the use of the sidewalk area or adjacent street. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades or marches, repairs to the street or sidewalk or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the sidewalk café will be prohibited by the City, but any failure to give prior written notice shall not affect the authority and power of the City to prohibit the café’s operation at any particular time.
15. Annual Permit Required. An annual permit is required. A sidewalk café shall not be operated without a permit issued by the City, acting through the Administrator.
16. Application for Permit. Any establishment that desires to obtain a permit shall submit a written application to the Administrator. At the time the application is submitted, the applicant shall pay an application fee as set forth in the Appendix to this Code of Ordinances. The application fee shall constitute the annual permit fee in the event the permit is subsequently issued. If the application is denied, the application fee shall be returned to the applicant. If the permit is issued, it shall be effective on a calendar year basis and shall be displayed in a location that is easily visible from the sidewalk café area. The application shall be submitted on a form provided by the Administrator.
17. Findings and Conditions. In connection with granting approval of any sidewalk café permit, the Administrator shall determine that the proposed operation complies with all the requirements of this chapter. The Administrator may impose such additional, reasonable conditions as are warranted in granting approval to an individual applicant, which additional requirements are needed to assure that the proposed operation will meet the operating requirements and conditions set forth in this chapter and to assure that the public safety and welfare will be protected.
18. Insurance. An insurance certificate naming the City, its officers and employees as additional insured with comprehensive general liability limits in the amount of $500,000 combined single limit shall be in full force and effect during the operational life of any sidewalk café. The coverage shall be at least as broad as the ISO Form Number CG0001 covering commercial general liability written on an occurrence basis only. A copy of the current insurance certificate shall be maintained on file with the City Clerk.
19. Revocation. A sidewalk café permit may be revoked by the Administrator following notice to the permittee that one or more conditions of the permit or of this chapter have been violated, or that the sidewalk café is being operated in a manner which constitutes a nuisance, or that the operation of the sidewalk café unduly impedes or restricts the movement of pedestrians past the sidewalk café.
20. Appeal Process. Any person or establishment whose application has been denied or revoked by the Administrator may appeal the Administrator’s decision to the Planning and Zoning Commission by filing a written Notice of Appeal with the City Clerk not later than 20 days following the adverse action by the Administrator. The Notice of Appeal shall include a concise statement of why the Administrator’s decision is not supported by facts, is contrary to this chapter or otherwise contrary to law.