SIDEWALK CAFÉS
Notwithstanding any provision of the this code of ordinances to the contrary, the owner or occupant of property adjoining any village sidewalk may place tables, chairs and other equipment commonly used in connection with on-site consumption of food and beverages on the village sidewalk or other village property immediately adjacent to such property for the sale and consumption of food and beverages only upon obtaining a license in accordance with this chapter. The use of sidewalks, as set forth herein, shall be referred to in this section as a SIDEWALK CAFÉ.
(Ord. 20-106, passed 5-28-2020)
Any operator of a sidewalk café shall comply with the following regulations.
(A) Sidewalk cafés shall be located only in the area bounded by the owner’s building, the adjacent street and the side lot lines of the owner’s property.
(B) No portion of any umbrella in a sidewalk café or anything attached thereto shall be less than six and one-half feet above ground level. All umbrellas must have a mobile base. Umbrellas shall be retracted during all non-operating hours.
(C) Where exigent circumstances exist and a police officer or other authorized officer or employee of the village gives notice to the operator to temporarily move from a location or suspend sidewalk café operations, the operator shall comply with the notice. For purposes of this paragraph, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, the existence of any obstructions in the public space at or near such location, a parade, a demonstration or any other similar event or occurrence at or near such location.
(D) Food and beverage sales/service in the sidewalk café area may begin no earlier than 6:00 a.m.
(E) Food and beverage sales/service in the sidewalk café area must end no later than 10:00 p.m.
(F) All food and beverages may be served only in or on a container or dish made of material that does not easily shatter or break. Any broken container or dish or other property shall be immediately removed.
(G) Tables shall be cleared of all moveable items such as dishes, condiments and other service items when not occupied.
(H) The operator shall be responsible for any items placed upon the sidewalk. The village is not responsible for any items placed outside of the business premises.
(I) Any refuse or trash containers placed upon the sidewalk by the operator must be emptied daily. Unemptied refuse or trash containers shall not be allowed to remain on the sidewalk after the time listed above for clearing the sidewalk café area. The operator’s refuse or trash shall not be placed into a village sidewalk refuse or trash container.
(J) Any litter deposited on, in or adjoining the vicinity of the sidewalk café shall be removed immediately.
(K) The operator shall at all times conduct such activity or activities in the sidewalk café area in an orderly fashion and in such a manner as to protect the public health and safety.
(L) The operator shall comply with all health and sanitation regulations applicable to food service establishments or otherwise.
(M) The operator shall indemnify, defend and hold the village, its officers, agents and employees harmless from any loss that results directly or indirectly from the use of the sidewalk and shall maintain and keep in effect liability insurance in a form appropriate for the operator’s business.
(N) All tables, chairs and other equipment shall be removed during winter months or any other time required by the village.
(O) The sale and consumption of alcoholic beverages in the sidewalk café shall be governed by the liquor license governing the restaurant.
(P) The sidewalk café shall not be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity.
(Q) No food may be stored, cooked or otherwise prepared in the sidewalk café area.
(R) No soiled food service equipment, utensils or tableware may be kept in the sidewalk café area.
(S) All clean food service equipment, utensils or tableware must be covered at all times.
(T) The sidewalk café shall be accessible to the disabled, and the operator shall at all times comply with all applicable federal, state and village laws, ordinances and regulations concerning accessibility and nondiscrimination in the providing of service.
(U) The sidewalk café shall not obstruct any fire exit, fire escape or other required means of ingress and egress of any building.
(V) In no event shall the operation of the sidewalk café unreasonably interfere with the passage of pedestrian or vehicular traffic or reduce the open portion of the public sidewalk to less than three feet, clear of all obstructions, measured from edge of the sidewalk closest to the curb, lampposts or parking meters.
(Q) In no event shall the operation of, or placement of equipment or furnishings for, the sidewalk café obstruct access to any crosswalk, mailbox, curb cut, parking space or any other public property. The furnishings or equipment shall not obstruct access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign or street sign.
(R) Outdoor furnishing materials and finishes shall be durable, smooth and easily cleanable and shall be kept in sound condition and good repair.
(Ord. 20-106, passed 5-28-2020) Penalty, see § 10.99
Every person making application for a sidewalk café license shall, with the application, provide to the village evidence of insurance coverage covering the use of village sidewalks and other village property in form and substance acceptable to the village.
(Ord. 20-106, passed 5-28-2020)
If any village streets or alleys are used as part of the sidewalk café, the operator shall take all steps necessary and proper, in the opinion of the village, to protect customers and others in the sidewalk café area from vehicular traffic.
(Ord. 20-106, passed 5-28-2020) Penalty, see § 10.99
(A) Required. It shall be unlawful for any person operate a sidewalk café on any village sidewalk or other village property unless a valid license issued under this chapter for the sidewalk café is in effect.
(B) Application. Applications for the license required by this chapter shall be filed with the Village Clerk and shall contain the following information:
(1) The name and address of the owner and operator of the establishment where the sidewalk café shall be located;
(2) The area of village sidewalk where the sidewalk café is proposed to be located;
(3) A description of the sidewalk café to be covered by the license; and
(4) Evidence that insurance as required by § 120.03 is in place.
(C) Fee. The annual fee for the license required by this chapter shall be $50. The fee shall be nonrefundable.
(D) Expiration. Licenses issued pursuant to this chapter shall terminate on the fourth Tuesday of May the next year following issuance.
(E) Display. The license required by this chapter shall be prominently displayed next to the sidewalk café.
(F) Transfer. No license issued pursuant to this chapter may be transferred, sold or assigned to another person, except upon the sale or lease of the premises for which the license is issued.
(G) Suspension or revocation. The Village President, at any time, may notify any licensee under this chapter within five business days of any charge of a violation of any of the provisions of this article in connection with the operation of any sidewalk café. After a hearing presided over by the Village President, the Village President may order the suspension or revocation of the license upon a finding that the violation has occurred, and the license shall thereupon be suspended or terminated.
(Ord. 20-106, passed 5-28-2020) Penalty, see § 10.99