Sidewalk Cafe PolicyMEMORANDUM
TO:
FROM:
July 3, 2003
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
SUBJECT: Sidewalk Cafe Policy
The City has received requests from downtown businesses for the placement of outdoor
tables and chairs on public right-of-way. Assistant City Manager Cindy Steinhauser has
researched this topic and is recommending the following criteria be adopted to allow this
use:
· Permitted only in districts zoned C-4 (downtown), C-5 (downtown), OC (Cable
Car Square and Fountain Park) and in the Port of Dubuque;
· Caf6 area must be contiguous to building where the restaurant or food service
establishment is located;
· A minimum of three (3) feet of unobstructed sidewalk adjacent to the street must
be maintained;
· The licensee must provide adequate fencing to separate the service area from
traveled portion of the right of way;
· Sidewalk cafes may be operated between the hours of 7:00 A.M. and 10:00 P.M.
Sunday through Thursday, and 7:00 A.M. and 12:00 midnight Friday and
Saturday;
· Sidewalk caf6 serving food or alcoholic beverages shall have an employee
monitoring the area at all times;
· The licensee must meet State of Iowa Dram Shop requirements;
· The licensee must meet City of Dubuque insurance requirements;
· The licensee must comply with all other City ordinance requirements;
· The licensee must comply with the restriction of no outdoor music; and
· The licensee must agree that any violation of these conditions will result in the
immediate revocation of permission to use the right of way
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
MEMORANDUM
July 1, 2003
TO:
Michael C. Van Milligen, City Manager
FROM: Cindy Steinhauser, Assistant City Manager
SUBJECT: Sidewalk caf~ policy
Introduction
The purpose of this memorandum is to recommend a policy on the placement of
sidewalk cafes on public right of way.
Discussion
Over the past year the city has received several requests from downtown businesses
regarding the placement of outdoor tables and chairs on public right of way. These
requests have come from coffee and wine shops as well as restaurants desiring to
enhance the downtown experience for their patrons. In response to these requests,
staff has been researching similar policies in other communities to determine a feasible
recommendation for Dubuque. In addition, staff has discussed this issue with Dubuque
Main Street Ltd. and with Bob Kost of SHE Inc. (formerly with URS Inc.) who was the
consultant for the Port of Dubuque Master plan and is currently involved in the
Downtown Master Planning process. Based upon our discussions, it was agreed that
any proposed policy should be developed to ensure that uses such as sidewalk cafes
work to create an attractive, high quality, pedestrian-oriented urban neighborhood for
visitors, residents and workers.
Attached is a proposed ordinance establishing a permit process for the placement of a
sidewalk cafb on public dght of way. This ordinance is similar to what is in place in the
following cities: Iowa City, IA, lndianola, IA., Pella, IA., Madison, WI., Minneapolis, MN.,
and Milwaukee, WI. Based upon this information, the following criteria is recommended
for sidewalk cafes on public right of way:
· Permitted only in districts zoned C-4 (downtown), C-5 (downtown), OC (Cable
Car Square and Fountain Park) and in the Port of Dubuque;
· Caf~ area must be contiguous to building of the restaurant or food service
establishment is located;
· A minimum of three (3) feet of unobstructed sidewalk adjacent to the street must
be maintained;
· The licensee must provide adequate fencing to separate the service area from
traveled portion of the right of way;
· Sidewalk cafes may be operated between the hours of 7:00 A.M. and 10:00 P.M.
Sunday through Thursday, and 7:00 A.M. and 12:00 midnight Friday and
Saturday;
· Sidewalk caf~ serving food or alcoholic beverages shall have an employee
monitoring the area at all times;
· The licensee must meet State of iowa Dram Shop requirements;
· The licensee must meet City of Dubuque insurance requirements;
· The licensee must comply with all other City ordinance requirements;
· The licensee must comply with the restriction of no outdoor music; and
· The licensee must agree that any violation of these conditions will result in the
immediate revocation of permission to use the right of way
An application for sidewalk cafb permit, including a drawing of the location and a
rendering of the chairs, tables, umbrellas, barders or other amenities must be made to
the City Manager's office. The intent would be to have the Planning department review
the application to determine compliance with the ordinance as well as with the design
review process for the Port of Dubuque design standards and the histodc districts prior
to approval. Appeals for the denial of a permit shall be made to the City Manager.
Recommendation
I recommend that the City Council approve the above criteria for use of public right of
way for outdoor service of alcoholic beverages.
Cc:
Barry Lindahl, Corporation Counsel
Laura Carstens, Planning Services Manager
Klm Wadding, Police Chief
Mary Rose Corrigan, Public Health Specialist
Mike Koch, Public Works Director
ORDINANCE NO. 47-03
AMENDING CHAPTER 41 STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING
THERETO A NEW DIVISION 6 SIDEWALK CAFISS
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. Chapter 41 of the City of Dubuque Code of Ordinances is hereby
amended by adding thereto the following:
DIVISION 6. SIDEWALK CAF~SS
Sec. 41-180. Sidewalk Caf6s Authorized:
(a) A sidewalk caf~ in the public right of way may be operated only as set forth in
this Division.
(b) A sidewalk cafe in the public right of way shall be permitted only in districts
zoned C-4 Downtown Commercial District, C-5 Business District or OC Office
Commercial District or in the Port of Dubuque PUD District.
(c) The sidewalk cafe area must be contiguous with a side of a building wherein a
restaurant or food service establishment is located.
(d) A restaurant or food service establishment that operates a sidewalk caf~ must
be licensed by the department of public health.
Sec. 41-181 Sidewalk Cafe Permit:.
(a) No restaurant owner shall operate a sidewalk caf~ in the public right of way
without a permit therefore. 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 caf~ 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)The City Manager may revoke a sidewalk caf6 permit upon written notice to
the restaurant owner for a violation of the conditions of the permit and after a
reasonable opportunity for the restaurant owner to remedy the violation has
expired. Grounds for termination of the permit include, but are not limited to, a
violation of state liquor control laws, a violation of this Code of Ordinances
including this Division, or 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 caf~ area is located for a valid public purpose.
(c) The restaurant owner shall provide a certificate of insurance with coverage
satisfactory to the City Manager and shall agree to hold the city of Dubuque, its
officers and employees harmless from and against any and all claims of any kind
arising out of the use of the public fight of way.
Sec. 41-182. Sidewalk Cafe Area:
(a) A sidewalk cafe area shall not extend onto the sidewalk in a manner that will
not allow a minimum of three feet (3') of unobstructed sidewalk adjacent to the
street for pedestrian use.
(b) No tables and chairs shall be placed in street corner areas defined by building
lines extended to the street, and no closer than ten feet (10') from a disabled
ramp.
(c) The sidewalk cafe area shall be delineated by ropes or some other temporary,
suitable method which shall be clearly visible to pedestrians. Such temporary
delineation and all tables, chairs and other items shall be removed at the end of
each day's operation of the sidewalk caf~ area, and the sidewalk cafe area shall
be restored to its normal condition as a pedestrian-way. No materials shall be
stored on the public right of way.
(d) The restaurant owner may submit a request to place anchored fencing in a
public sidewalk, subject to approval by the City Manager. Any tables, chairs, and
other items that are stored outdoors shall be secured within the anchored fencing
at the end of each day's operation of the sidewalk caf~ area so that they are
unusable and will not block or obstruct emergency exits from any building. The
restaurant owner shall be responsible for any damages to the sidewalk caused
by the placement of any anchored fencing. A ($200) deposit shall be required
pdor to the placement of any anchored fencing on a public sidewalk and shall be
returned when, in the judgment of the City Manager, the sidewalk is restored to
its prior condition.
(e) A sidewalk cafe area may not include any public amenities such as benches,
seats, tables or trash receptacles.
Sec. 41-183. Days And Hours Of Operation:
(a) A sidewalk cafe may be operated any time of the year.
(b) A sidewalk cafe shall be setup and operated each day only between the
hours of seven o'clock (7:00) A.M. and ten o'clock P.M. (10:00) Sunday through
Thursday and seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight
Friday and Saturday. The sidewalk caf~ area shall be restored to and maintained
as a normal pedestrianway at all other times.
(c) Food and beverages shall be available for service to patrons in a sidewalk
cafe area dudng all hours of operation of the sidewalk cafe. Sidewalk cafes shall
not operate when the restaurant kitchen is closed.
Sec. 41-184. Sound Equipment:
Amplified sound equipment shall not be permitted in a sidewalk caf~ area.
Sec. 41-185. Operation Of Sidewalk Cafes:
(a) The City Manager shall have the right in the City Manager's discretion to limit
the number of sidewalk caf~ areas.
(b) 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) No building entrances or exits shall be blocked in a sidewalk cafe area.
(d) The restaurant owner shall not obstruct the pedestrian right of way adjacent
to the sidewalk caf~ area. No sidewalk caf6 furniture shall be placed closer than
three feet (3') to a street and have a barricade not less than thirty (30") inches
and not more than forty (40) inches high. A sidewalk cafe shall remain within the
approved boundaries of the sidewalk caf~ area as shown on the restaurant
owner's application.
(e) The City Manager may require additional restroom capacity for a restaurant
with a sidewalk caf~ to comply with building and housing requirements in this
Code of Ordinances.
(f) Occupancy limits for sidewalk caf6 area shall be determined as set forth in
criteria for outdoor service of alcoholic beverages on public right of way.
(g) The restaurant owner shall not be required to provide additional parking for
the operation of a sidewalk cafe.
(h) A sidewalk cafe area shall be subject to inspection at any time in the
discretion of the City Manager.
(i) ^ 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 or alcohol beverages in a sidewalk cafe area shall be limited to persons
seated at tables in the sidewalk caf~ area.
(j) The restaurant owner shall be responsible for trash removal and shall maintain
the area and the area within five feet (5') of the sidewalk caf~ 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 caf(~, area to its
normal condition as a pedestrian-way, free of litter after operation of the sidewalk
cafe each day.
(k) No permit shall be issued for a restaurant caf~ area in the Port of Dubuque
PUD District unless such area complies with the Ice Harbor Urban Renewal
District Design Standards.
(I) The restaurant owner shall not in any way inter[ere with access to public or
city utilities located and/or operated within the public right of way.
(m) The operation of a sidewalk cafe shall conform to all applicable federal, state,
and local laws and regulations.
Passed, approved and adopted the 7th day of July, 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk