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 � �
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Maste iece on the Mississi i Zoo�•zoiz•zois
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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�
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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