A. Purpose: The purpose of this section is to permit daytime and early evening outdoor dining on sidewalks adjacent to local food establishments and restaurants for the enjoyment of patrons without unreasonable disturbance to the immediate neighborhood or pedestrian traffic. It is intended to permit the tasteful, aesthetic use of tables and chairs on adjacent sidewalks of local food establishments and restaurants under the direction and approval of village authorities. It is the intention of the board of trustees of the village of Stockton to monitor and review the use of these facilities after the adoption of this section to determine its full impact upon the village and the enjoyment of its citizens.
B. Definition: "Sidewalk cafe" means any area on the public sidewalk adjacent to a licensed food service business where food and/or beverages may be consumed at tables and chairs whether the food and/or beverages are purchased at the table or inside the adjacent licensed food service business.
C. Permit Required: It shall be unlawful for any person, firm, corporation, organization or association to use the public sidewalk for the operation of a sidewalk cafe whether offering direct service to the table or not, without first obtaining a sidewalk cafe permit. Permits will be issued only to businesses owning or leasing property immediately adjacent to an improved sidewalk within a public right of way. Permits may be obtained at any time during a calendar year for the seasonal period beginning no sooner than April 1 and ending no later than November 1 of said calendar year. No permit shall be issued to any business which is not in compliance with all provisions of this code.
D. Application: All applicants for sidewalk cafe permits shall complete an application on a form provided by the village. An inspection of the property to document existing conditions of public improvements shall be performed by the village prior to issuance of a permit. Applications should be filed at least three (3) weeks prior to anticipated use to allow sufficient time for such inspection. All applications shall include:
1. A dimensioned drawing or site plan showing the sidewalk adjacent to the business, any streetlights, signs, planters, the curb, on street parking or any other public appurtenances, and the proposed location of any tables or chairs.
2. Certificates of insurance, subject to the reasonable approval of the village president, naming the village of Stockton as an additional insured for the term of the permit and including liability insurance coverage in a commercially reasonable amount per occurrence.
3. A signed indemnification statement on a form provided by the village.
E. Regulations: All permit holders shall be subject to the following regulations:
1. The sidewalk shall be kept clean and free from food, refuse or clutter at all times regardless of the source of such food, refuse and clutter. No cooking or food preparation shall be permitted on the sidewalk.
2. Tables and chairs which do not in any way interfere with pedestrian or vehicular safety, or with necessary access for public safety purposes or personnel, and as approved for use as part of the permitting process, shall be removed from the public sidewalk at the end of each business day.
3. Umbrellas are not permitted on the tables.
4. Operation of the sidewalk cafe shall not create an unreasonable disturbance in the immediate neighborhood.
F. Fees: The fee for a sidewalk cafe permit shall be an amount as may be determined from time to time by the village board and paid by the applicant at the time an application is submitted to the village clerk.
G. Enforcement And Revocation:
1. Failure to comply with any of the provisions of this section shall result in a fine of up to one hundred fifty dollars ($150.00) per day and/or revocation of the permit.
2. The chief of police or other local public safety official, upon determining that the method or manner of use of the sidewalk cafe or the conduct of persons serving or using such facilities pose a threat to the public health, safety or welfare, shall have the authority to cause the tables and chairs to be removed immediately and to recommend that the village board revoke the sidewalk cafe permit. (Ord. 569, 6-12-2012)