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Code of Ordinances Amendment - Title 10 Sidewalk Cafes Copyrighted February 4, 2020 City of Dubuque Action Items # 4. ITEM TITLE: Code of Ordinances Amendment- Title 10 Sidewalk Cafes SUMMARY: City Manager recommending approval of an amendmentto Title 10 Chapter 3 Artide E Sidewalk Cafe to allow establishments to serve food and/or drink to patrons within a sidewalk cafe with a valid food and/or drink permit. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Public Places, Article E Sidewalk Cafes, Sections 10-3E-1 Definition, 10-3E-2Authorization, 10-3E-3 Permit Requirements; Fee, 10-3E-5 Days and Hours of Operation, and 10-3E-7 Operation SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Sidewalk Cafe OrdinanceAmendment-MVM Memo City Manager Memo Staff Memo Staff Memo Ordi nance Ordi nance Suggested Motion Wording Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Code of Ordinances Title 10 Chapter 3 Article E Sidewalk Cafe DATE: January 28, 2020 City Engineer Gus Psihoyos recommends City Council approval of an amendment to Title 10 Chapter 3 Article E Sidewalk Cafe to allow establishments to serve food and/or drink to patrons within a sidewalk cafe with a valid food and/or drink permit. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque 'T1-{F CITY OF � � D �.����6�a UB E i � �� �ry� �� 2007+2Q t 2•?013 IYlcxst�r~�aiece on tj�e .Nlissis�i�'pi zoi�*zoi9 TO: Michael C. V�n Milliyen, City Manage��•, �� FROM: Gus Psihoyos, City Engine�r , 6 . �� DATE: January 27, 2020 RE: City Cod� of Ordinances Title 10 Chapt�r 3 Article E Sidewalk Cafe INTRODUCTION The purpose of this memo is to rPcommend approval of an amendment to Title 1� Chapter 3 Article E Sidewalk Cafe. �ACKGROUND Currently this ordinanc;e only �Ilows � rPstaurant or retail business to obtain a sidEwalk cafe permifi if 5U% of the establishment's business is fc�c�d or retail business, DISCUSSION In review of the current ordinar�ce, ifi was discovered the sidewalk cafe permit iS not allowed if the establishment's primary businPss is only serving drinks. Due to growth anci the development of n�w restaurants, breweries/bars �nd retail busin�sses, it is recomm�nded to amend the ordin�nce to permit an establishment to s�rve either food and/or drink to patrons with a valid food anc�/or drink permit within a sic�ewalk cafe. ACTION TO BE TAKEN I respectfully request appraval to amencf Title 10 Chapter 3 Section E to allow est�blishm�nts tc� serve food and/�r drink to pairons within a sidc�walk cafe with a valid food and/or drink pPrmit. GP/kb cc: Crenn� Brumwell, City Att�rney M�ry Ros� Corrigan, Public He�ltf� Specialist Trish Gleason, Assistant City Clerk Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 6-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 3 ENCROACHMENTS ON PUBLIC PLACES, ARTICLE E SIDEWALK CAFES, SECTIONS 10-3E-1 DEFINITION, 10-3E-2 AUTHORIZATION, 10-3E-3 PERMIT REQUIREMENTS; FEE, 10-3E-5 DAYS AND HOURS OF OPERATION, AND 10-3E-7 OPERATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-3E-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-1: DEFINITION: "Sidewalk cafe" shall mean a group of tables, chairs, barriers or partitions, and trash containers maintained upon part of the public right of way next to a storefront used by an establishment with a valid food and drink permit for the sale to the public of food, refreshments and/or beverages of all kinds. Section 2. Section 10-3E-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-2: AUTHORIZATION: A. A sidewalk cafe in the public right of way may be operated only as set forth in this article. B. A sidewalk cafe in the public right of way shall be permitted where sidewalk cafes are allowed, provided that restaurants are listed as a permitted or accessory use in the zoning district where they are located. C. The sidewalk cafe area must be contiguous with a side of a building wherein a restaurant, retail business, and/or food service establishment is located. D. Only restaurants or retail businesses where more than fifty percent (50%) of the business conducted on the premises is the sale or dispensing of food, drink, or retail items may request permission to operate a sidewalk cafe. The phrase "business conducted on the premises" shall mean the total business revenue generated on the premises during the previous calendar year. Laic Nicvivua calendar ycai. Section 3. Section 10-3E-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-3: PERMIT REQUIREMENTS; FEE: A. Permit Required; Application; Fee: No establishment owner shall operate a sidewalk cafe in the public right of way without a permit therefor. The restaurant owner shall file an application with the city manager on a form provided by the city manager. The owner shall agree to abide by all state and local laws governing use of the public right of way. The application for a new permit shall include the location of all trees, poles, benches, grating and other amenities or obstructions in the right of way, and the location of any proposed furniture or equipment. The application shall be accompanied by a photograph or detailed renderings of the sidewalk cafe area and all proposed tables, chairs, barriers or other furniture or equipment. The applicant shall pay a fee established by the city manager. The permit shall be for one 12-month period from the date of issuance of the permit. B. Revocation Of Permit; Notice; Causes: The city manager may revoke a sidewalk cafe permit upon written notice to the establishment owner for a violation of the conditions of the permit and after a reasonable opportunity for the establishment owner to remedy the violation has expired. Grounds for termination of the permit include, but are not limited to: 1) a violation of state liquor control laws; 2) a violation of this code including this article; or 3) the creation of a safety hazard, health hazard or public nuisance. The city manager may also terminate the permit if the city manager determines there is a substantial and reasonable need for use of the public right of way where the sidewalk cafe area is located for a valid public purpose. C. Certificate Of Insurance: The restaurant owner shall provide a certificate of insurance with coverage satisfactory to the city manager and shall agree to hold the city, its officers and employees harmless from and against any and all claims of any kind arising out of the use of the public right of way. Section 4. Section 10-3E-5 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-5: DAYS AND HOURS OF OPERATION: A. A sidewalk cafe may be operated any time of the year. B. A sidewalk cafe shall be set up and operated each day only between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Sunday through Thursday and seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight Friday and Saturday. The sidewalk cafe area shall be restored to and maintained as a normal pedestrianway at all other times. C. Food and/or beverages shall be available for service to patrons in a sidewalk cafe area during all hours of operation of the sidewalk cafe. Sidewalk cafes shall not operate when the restaurant kitchen is closed. Section 5. Section 10-3E-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-7: OPERATION: A. Right To Limit Number Of Cafe Areas: The city manager shall have the right in the city manager's discretion to limit the number of sidewalk cafe areas. B. Advertising: Advertising shall not be permitted in the sidewalk cafe area except for the name of the establishment, which may be placed on chairs, tables, umbrellas or other amenities, as approved by the city manager. The amenities used in the sidewalk cafe area shall at all times be maintained in good condition. C. Blocking Building Entrances Or Exits: No building entrances or exits shall be blocked in a sidewalk cafe area. D. Obstructing Pedestrian Right Of Way: The operation of the sidewalk cafe shall not obstruct the pedestrian right of way adjacent to the sidewalk cafe area. No sidewalk cafe furniture or barricade shall be placed closer than four feet (4') to a street, light pole, meter pole or other infrastructure so as to create an unobstructed route of less than four feet (4') in width. The sidewalk cafe shall be enclosed by a barricade not less than thirty inches (30") high and not more than forty inches (40") high. A sidewalk cafe shall remain within the approved boundaries of the sidewalk cafe area as shown on the establishment owner's application. E. Restroom Capacity: The city manager may require additional restroom capacity for a restaurant with a sidewalk cafe to comply with building and housing requirements in this code. F. Occupancy Limits: Occupancy limits for a sidewalk cafe area shall be determined as set forth in criteria for outdoor service of alcoholic beverages on public rights of way. G. Parking: The establishment owner shall not be required to provide additional parking for the operation of a sidewalk cafe. H. Inspection: A sidewalk cafe area shall be subject to inspection at any time in the discretion of the city manager. Serving Food And Alcoholic Beverages; Employee To Monitor: A sidewalk cafe serving food or alcoholic beverages shall have an employee monitoring the area at all times when alcohol is being consumed. Service of food and/or alcohol beverages in a sidewalk cafe area shall be limited to persons seated at tables in the sidewalk cafe area. J. Trash And Litter Removal: The restaurant owner shall be responsible for trash removal and shall maintain the area and the area within five feet (5') of the sidewalk cafe area in a clean and litter free manner during all hours of operation. The restaurant owner shall restore the area and the area within five feet (5') of the sidewalk cafe area to its normal condition as a pedestrianway, free of litter after operation of the sidewalk cafe each day. K. Port Of Dubuque PUD: No permit shall be issued for a sidewalk cafe area in the Port Of Dubuque PUD district unless such area complies with the Ice Harbor urban renewal district design standards. L. Access To Utilities: The establishment owner shall not in any way interfere with access to public or city utilities located and/or operated within the public right of way. M. Conformance With Federal, State And Local Laws: The operation of a sidewalk cafe shall conform to all applicable federal, state, and local laws and regulations. Section 6. This ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of February 2020. Roy-D. BuodljMayor Attest: KeviryS. Firnstahl, City Clerk EFFECT OF AMENDMENT 10-3E-1 : DEFINITION: "Sidewalk cafe" shall mean a group of tables, chairs, barriers or partitions, and trash containers maintained upon part of the public right of way next to a storefront used by an establishment with a valid food and drink permit for the sale to the public of food, refreshments and/or beverages of all kinds. 10-3E-2: AUTHORIZATION: A. A sidewalk cafe in the public right of way may be operated only as set forth in this article. B. A sidewalk cafe in the public right of way shall be permitted where sidewalk cafes are allowed, provided that restaurants are listed as a permitted or accessory use in the zoning district where they are located. C. The sidewalk cafe area must be contiguous with a side of a building wherein a restaurant, retail business, and/or food service establishment is located. D. Only restaurants or retail businesses where more than fifty percent (50°k) of the business conducted on the premises is the sale or dispensing of food, drink, or retail items may request permission to operate a sidewalk cafe. The phrase "business conducted on the premises" shall mean the total business revenue generated on the premises during the previous calendar year. 10-3E-3: PERMIT REQUIREMENTS; FEE: A. Permit Required; Application; Fee: No establishment owner shall operate a sidewalk cafe in the public right of way without a permit therefor. The restaurant owner shall file an application with the city manager on a form provided by the city manager. The owner shall agree to abide by all state and local laws governing use of the public right of way. The application for a new permit shall include the location of all trees, poles, benches, grating and other amenities or obstructions in the right of way, and the location of any proposed furniture or equipment. The application shall be accompanied by a photograph or detailed renderings of the sidewalk cafe area and all proposed tables, chairs, barriers or other furniture or equipment. The applicant shall pay a fee established by the city manager. The permit shall be for one 12-month period from the date of issuance of the permit. B. Revocation Of Permit; Notice; Causes: The city manager may revoke a sidewalk cafe permit upon written notice to the establishment owner for a violation of the conditions of the permit and after a reasonable opportunity for the establishment owner to remedy the violation has expired. Grounds fortermination of the permit include, but are not limited to: 1) a violation of state liquor control laws; 2) a violation of this code including this article; or 3) the creation of a safety hazard, health hazard or public nuisance. The city manager may also terminate the permit if the city manager determines there is a substantial and reasonable need for use of the public right of way where the sidewalk cafe area is located for a valid public purpose. C. Certificate Of Insurance: The restaurant owner shall provide a certificate of insurance with coverage satisfactory to the city manager and shall agree to hold the city, its officers and employees harmless from and against any and all claims of any kind arising out of the use of the public right of way. 10-3E-5: DAYS AND HOURS OF OPERATION: A. A sidewalk cafe may be operated any time of the year. B. A sidewalk cafe shall be set up and operated each day only between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Sunday through Thursday and seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight Friday and Saturday. The sidewalk cafe area shall be restored to and maintained as a normal pedestrianway at all other times. C. Food and/or beverages shall be available for service to patrons in a sidewalk cafe area during all hours of operation of the sidewalk cafe. Sidewalk cafes shall not operate when the restaurant kitchen is closed. 10-3 E-7: O P E RATI O N: A. Right To Limit Number Of Cafe Areas: The city manager shall have the right in the city manager's discretion to limit the number of sidewalk cafe areas. B. Advertising: Advertising shall not be permitted in the sidewalk cafe area except for the name of the establishment, which may be placed on chairs, tables, umbrellas or other amenities, as approved by the city manager. The amenities used in the sidewalk cafe area shall at all times be maintained in good condition. C. Blocking Building Entrances Or Exits: No building entrances or exits shall be blocked in a sidewalk cafe area. D. Obstructing Pedestrian Right Of Way: The operation of the sidewalk cafe shall not obstruct the pedestrian right of way adjacent to the sidewalk cafe area. No sidewalk cafe furniture or barricade shall be placed closer than four feet (4') to a street, light pole, meter pole or other infrastructure so as to create an unobstructed route of less than four feet (4') in width. The sidewalk cafe shall be enclosed by a barricade not less than thirty inches (30") high and not more than forty inches (40") high. A sidewalk cafe shall remain within the approved boundaries of the sidewalk cafe area as shown on the establishment owner's application. E. Restroom Capacity: The city manager may require additional restroom capacity for a restaurant with a sidewalk cafe to comply with building and housing requirements in this code. F. Occupancy Limits: Occupancy limits for a sidewalk cafe area shall be determined as set forth in criteria for outdoor service of alcoholic beverages on public rights of way. G. Parking: The establishment owner shall not be required to provide additional parking for the operation of a sidewalk cafe. H. Inspection: A sidewalk cafe area shall be subject to inspection at any time in the discretion of the city manager. I. Serving Food And Alcoholic Beverages; Employee To Monitor: A sidewalk cafe serving food or alcoholic beverages shall have an employee monitoring the area at all times when alcohol is being consumed. Service of food and/or alcohol beverages in a sidewalk cafe area shall be limited to persons seated at tables in the sidewalk cafe area. J. Trash And Litter Removal: The restaurant owner shall be responsible for trash removal and shall maintain the area and the area within five feet (5') of the sidewalk cafe area in a clean and litter free manner during all hours of operation. The restaurant owner shall restore the area and the area within five feet (5') of the sidewalk cafe area to its normal condition as a pedestrianway, free of litter after operation of the sidewalk cafe each day. K. Port Of Dubuque PUD: No permit shall be issued for a sidewalk cafe area in the Port Of Dubuque PUD district unless such area complies with the Ice Harbor urban renewal district design standards. L. Access To Utilities: The establishment owner shall not in any way interfere with access to public or city utilities located and/or operated within the public right of way. M. Conformance With Federal, State And Local Laws: The operation of a sidewalk cafe shall conform to all applicable federal, state, and local laws and regulations. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 07, 2020, and for which the charge is $92.04 Subscribed to be ore me, a Notary Public in and for Dubuque County, Iowa, this l day of Notary Public and for Dubuque MY, Iowa. JANE'T K. PAPE Commission Number 199B59 lriy Comm. Exp. DEC 11, 2022 10-3E 2 AUTHORIZA TION , A aArsidewalk cafe'16 the public right of'way may,'be operated only:• asset forth ip this altIcle B >:A sidewalk cafe In' thepublic right of Way shall be permitted • where sidewalk cafes, are' allowed „provided, that trestaurants are' listed as a permitted,Or, accessory use m the:, zoning district where, theyare located ` er sIdewalk cafe area' must be contigu, o,Uswith a side of, a builimg Wherein'c.aj restaurant; retail busi,` ness and/or. food ser-' vice' establishment Is ;located restaurants' or ,:tretail bUslnesses whea `nipre"than fifty percent' (50%0) of the business conducted on' thepremises Js the sale or dispensingof food, drink, or retail items may' 'request permis sion"to'operate'a side- wafk cafe Tile phrase business conducted' Orrtnej premises shalI' mead the total bust ness revehue:generat • ed 'on the ;premises, during the ,.,;previoust. calendar year; Section 3 section 10 3E-3` of the,;. Gity' of Dub lgl:e Code of Ordi nances is amended a'dto' re.asfoliows 10.3E 3 QE,RMIT RE - QUIRMENTS; FEE ' A"Permit Required' Application Fee No es tablishment owner OFFICIAL shall operate' a side PUBLICATION i • walk cafe ih'the public`- ORDINANCE NO, 6.20 = right of Way without a AMENDING CITYOF' permit therefor` The'- DUBUQUE' CODE = .OF, restauran! ovurier shall;. ORDINANCES TITLE fileah application with 10 PUBLIC WAYS AND the cit rnana�er,oh a PROPERTY,.farm provided by 3 ENCROACHMENTS city;inariagerTheoWn': ARTICLE'S SIDEVI/ALK9 er aria I agree tO abide' CAFES, SECTIONS �0 jaws ilgoVernirg use�of 0 1 DEFINITION; lU the public right of way, 3E 2 AUTHOR MI The` application REQIJ 103E 3 IS; FE , nevi. eriiil't shall ire= REQUIREMENTS, FEE, ip , 10 3E 5 . DAYS AND clu'd'e the location of all'.' HOURS ;;.OF OPERA trees poles ;benches', ot TION, AND 10 9E grating and her,` OPERATION A amenities or <obstruc NOW,,THEREFORE, tiOns•m Ike ;Hunt of BE IT ORDAINED'>SY way;; ahq thosee`lOd `catfulornin. THE CITY COUNCIL of any prop - OP tune or etlUipment._The DUBUQUE, IOWA: application shall be ac Section'1: Sectionl0- companied by aphoto-: 3E 1 of the City' -of: graph or. detailed Dubuque Code of Ordi` renderings of the side nances is amended ,to walk; cafe area and al! read as follows proposed tablest` 10 3E 1i DEFINITION:r chairs barriers•or oth Sidewalk cafer shall er: firpiture ar egwp,: mean a, group of tables,' meet iThe. applicant=, chairs barriers'orpar shall. pay a.fee:estab-, titions, and trash con Iished by.the:city tainers maintained, agar, The permit shall upon partof the public be "for one 12-month. right of way next_to a period•from the date of storefront used by'an isuance,ofthepermit, is establishment • RevocationOf Per• valid food arid, drink met Notice;' Causes: permlt for' the --Sale • The)city manager may the public. of ;food, ;re )evoke a sideWaik.cafe freshments • and/or permIt' upon;, w itten beverages of all kinds hotice to the estalish• - Section 2. Section 10 Crept oWnerifor a viola 3E 2 of ;the City of k fop<of the conditions=,. Dubuque Code of Ordi, of the permitand after:` nances- is amended to a •reasonable:, Opportu Yead as follows mty for the establish ment owner to remedy the' violation has ex pIi 1 Grounds far ter min641on of the permit include; abut are not limited'to ,1) a viola . tio`i of state liquor con: trot laws' 2) a violation of `this' code including this article or 3) the creation of a" satety hazard;' health hazard or public nuisance The', city manager may also' terminate the permit if the' cify manager•de. termines ,there "is ,aT substantial and reason . able heed for use of the • public, "right of : way• Where° the sidewalk cafe area is located for' a valid public purpose C' C'ertificate • Of Ili surance; 'The 'restau` rant dwner :` sh'a I pro Idea certificate of. • ag insurae saEincsfactorye with 'cover to the cge` ity, mantoholdager aridthe,: scihaltyl' are its officers and en pIoy ees harmless from and against:' any ,arid, all claims'of arty kiho ans ipg Oiitf the dse of the public nghi of way Section 4' $action t0 3E 5,• of the City of, DubUq'u`e • Code',of:;Ordi-,. fences js amended 'to read as follows 10 3E 5 ' DAYS j4 I HOjURF OPERATION A`S pA sidewalk'; cafe rnaY, be` operated any,' • time of'the year B / ,f sidewalk '- cafe shall ebeset up arld op rated ,'each day; only between the hours of •seven :O clock A `'arid ten o'clock' (10 oo) P tilt 4undey' through;; Thursday(and seven "o clbck (7 bo) A M' and tNrelye o' ._ clock (T2 00) i idnight Friday ;;and Saturday The.sidewalk•cafe area shall `be restored to and maintained 'as` ` a normal ;pedestrianway` at a�l other times. C Food and%or beV, erages shall be .avail . able for 'service to patrons. in a sidewalk cafe area during`'{all hours "of operation Of the sidewalk :cafe, Sidewalk cafes 'shall not operate When th`e restaurant kitchen is closed Section 5 Section 10- 3E 7 of the City of Ddbggge Code of'Ordi nans fs rjded to read ceas'follows:.ame �10 3Ef7 OPERATION A Right•To "Limit• Number bf Cafe,AYeas:' Tile city, imanaget,'shall •have the tight:in', the city managers: discfe tion to 11mit the :nUm-, bar of sidewalk, cafe areas, B. Advertising:; Ad- vertisingshall not be permitted in the -side walk oafe area except for the name of the es- tablishment' 'which may , Ue placed. ' oh chairs, tables, umbrel� las or, other amenities'} as approved by„tile city manager. The went; ties used ih the ide walk cafe'alea shall at litter" after:ope'ration of : the Telegraph Herald all times bemaintained the sidewalk cafe each newspaper on. the 7th'• in good condition day ' - day of February 2020 C Blocking 'Building K. Port Of 'Dubuque /s/Kevin S Firnstahl, .: Entrances br Exits 'No PUP: No per'mitshall be'.City Clerk' building entrances ''or issued for a 7 sidewalk exits shall" be blocked cafearea the Port of: - in asidewalk cafe:area Dubuque in PUD % district' `. D Obstructing Ped unless such area com-, estrian Right'O Way piles with the* Hat, The operatioi of the bor•urban renewal ', sidewalk cafe'shall not district design , stan- obstruct the pedestrian lards right of way ad]acent L Access To Utih . to ,the sidewalk cafe ties The establishment, area No sidewalk cafe owner shall not in' any' furniture or 'barricade WaY °interfere"`with ac- shall be', placed ''closer cess:+to public' or city`: ' than four•feet (4 )`to_a utilities located and/or street liglitpole, meter ,operated "within the€; pole or ' other infras' public right` of way tructure so as to create M. Cbliformahce 1Nith' ah unobstructed route federal State;And of Tess than four'feet cal Lawn The opera-. (4) in width The side tion;of• a sidem'towalk' cafe• walk cafe ''shall be eh shall conforall ap closed "by a barricade. plicable federal state, ; n'ot tless,ythan thirty. and Local laws'and rag itches (30") high 'and illations not more ;,titan forty Section 6. This ordi-c sincidehes lk (40ca'fe) high'''A Hancpone spuhblicaall ttakeon effect wai tnaih Within the ' ap; Passed amp"roved and` proved ` boundaries of adopted this 4th day of'; the sidewalk cafe `area February 2019 ` as shown.on the estab /s/Roy D_ Buol Mayot lishment owners apple /s/Attest Kevip S cation : Firnstahl `City"Clerk E Restroohi Capaci Published officially ill`; ty The city. 'Inabager may require additional restroorh capacityfor restaurant iiith a side- walk .cafe ` to comply with building and hoes-. ing ,r requirements n • this code F, Occupancy Limits, • Occupancy:,limits fora sidewalk . ,cafe area shall be,defermined,as- Set forth in criteria for outdoor+service of alcos• : holic beverages ,on publictnghts of WaY :f G Parking The es-, ' tablishmept owner:. shall not be'required;to,; • provide} „. additional: parking for,thei opera; tion of a sidewalk cafe. •H Inspection A side- ' walk cafe .area shall be subJectto iijspectionat. any time in the discre- tion of the,city.rpanage -. I. Serving Food And Alcoholic .Beverages; . Employee �To Monitor . Asldewalk cafe serving„ jl food or alcoholic bever . ages shall leave an Pm;; plover monitoring Elie area at all times where, alcohol isbeing con surged. Service of:food and/or aicphol bever- ages in a sidewalk cafe; area shall;be limited to;' persons seated at to ; hies im the sidewalk. 1 Trash !,And Litter Removal The restau- rant owner;'shap be fe;; sponsibte,!•,for trash- removal 7 shall. niaiptamnthe,area: and the area,within ,five; feet (5') 'of the side= walk cafe, area •. in ; a clean and'litter—free . ; manner during all hours of operation, The rjeStauraht owner shall restore the,=area ands, the area :within five feet (55)'.of thek,'SIde, valk,eafe,area;to its normal • coriditioh as a pedestrianway, free, of