Sidewalk Cafe Ord definitionMEM
ORANDUM
July 30, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Sidewalk cafe ordinance definition
On July 7, 2003, the City Council approved an ordinance and criteria for the placement
of sidewalk cafes in the downtown district. Assistant City Manager Cindy Steinhauser is
recommending this ordinance be amended to include a definition of sidewalk caf6.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/cs
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
MEMORANDUM
July 30, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager'S)~/~
Sidewalk caf6 ordinance definition
Introduction
The purpose of this memorandum is to amend the sidewalk caf6s ordinance to include a
definition.
Discussion
On July 7, 2003 the City Council approved an ordinance and the criteria for the
placement of sidewalk cafes in the downtown district. Corporation Counsel Barry
Lindahl is recommending that the ordinance be amended to include a definition of
sidewalk cafe. Attached is a proposed amendment to the sidewalk caf~ ordinance.
The proposed definition is as follows: "A sidewalk caf~ shall mean a group of tables,
chairs, barriers or partitions, trash containers and suitable decorative devices
maintained upon any part of the right of way next to a storefront used by an
establishment with a va/id food and drink permit for the sale to the public of food,
refreshments and beverages of all kinds."
This definition is consistent with the previously approved criteria for operation of a
sidewalk cafb and will assist the City Manager's office in the review and approval of
sidewalk cafb applications.
Recommendation
I recommend that the City Council approve the attached amendment to provide a
definition for sidewalk cafes.
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
Prepared by Asst. City Manager Cindy Steinhauser, City of Dubuque, 50 W. 13t~ St. Dubuque, IA 52001, 563-589-4110.
ORDINANCE NO. 60-03
AMENDING CHAPTER 41 STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES, DIVISION 6 SIDEWALK CAFES BY ADDING A NEW SECTION 41-
179 SIDEWALK CAFI5 DEFINED; AND BY AMENDING SECTION 41-180
AUTHORIZING SIDEWALK CAFES FOR 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 OR RETAIL ITEMS
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. Chapter 41, Division 6 of the City of Dubuque Code of
Ordinances is hereby amended by adding thereto the following:
Sec. 41-179. Sidewalk Caf~ Defined: Sidewalk caf~ shall mean a group of tables,
chairs, barriers or partitions, trash containers and suitable decorative devices
maintained upon any 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 beverages of all kinds.
Section 2. Sec. 41-180 of the City of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 41-180. Sidewalk Cafes 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) Only restaurants or retail businesses where more that f~'y percent (50%)
of the business conducted on the premises is the sale or dispensing of food
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.
ATTEST:
Passed, approved and adopted this 4th day of August, 2003.
4th day of
August ,2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk