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HomeMy WebLinkAbout11-164APRIL 12, 2011 11 -164 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO CHAPTER 25 STREETS & SIDEWALKS TO CREATE SECTION 25 -62 SIDEWALK CAFE /OUTDOOR SEATING REGULATIONS IN THE PUBLIC RIGHT -OF -WAY ON NORTH MAIN STREET INITIATED BY: BUSINESS IMPROVEMENT DISTRICT; DEPARTMENT OF COMMUNITY DEVELOPMENT BID BOARD RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING REGULATIONS FOR SIDEWALK CAFE /OUTDOOR SEATING AREAS WITHIN THE PUBLIC RIGHT- OF-WAY The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 25 -62 Sidewalk Cafe /Outdoor Seating is hereby created to read as follows: SECTION 25 -62 SIDEWALK CAFE /OUTDOOR SEATING (A) Purpose To further encourage the revitalization of the Downtown and Main Street areas of the city of Oshkosh, including the development of social and economic activity. (B) Definitions (1) Sidewalk Cafe: An expansion of an establishment creating an outdoor seating facility on part of the public right -of -way that immediately adjoins the licensed premises for the purpose of consuming food or beverages prepared at the full service restaurant, coffee shop or tavern adjacent thereto. (C) License Required A Sidewalk Cafe License is required to construct and operate a sidewalk cafe or outdoor seating area in the city of Oshkosh. No person shall sell any food and /or beverages at a sidewalk cafe unless such a license has been issued. APRIL 12, 2011 11 -164 ORDINANCE CONTD (1) (2) (3) (4) (5) (6) Before a cafe license may be issued, an application and site plan shall be reviewed for approval by the Site Plan Review Committee. During the review, any concerns with the site plan will be addressed and communicated to the applicant. All issues and concerns must be addressed before final approval of the application. The license shall not be transferrable either through person or premise. All submitted applications shall include at least the following information: (a) Completed application form and application fee. (b) Ten copies of a scaled site plan which depicts the dimensions of the existing sidewalk area and adjacent property, the location of the proposed sidewalk cafe, size and number of tables, chairs, planters, umbrellas, location of doorways, trees, parking meters, bus shelters, sidewalk benches, bike racks, trash receptacles, or any other sidewalk obstructions either existing or proposed, within the pedestrian area. (c) Photographs, drawings, or manufacturer's brochures fully describing the appearance and dimensions of all proposed tables, chairs, umbrellas, or other objects relating to the sidewalk cafe. (d) Copy of a current certificate of insurance in the amount and categories required by section (G) of this Ordinance. A sidewalk cafe license does not grant the licensee exclusive use of the public right -of -way. (a) All public improvements including, but not limited to trees, light poles, traffic signals, manholes, or any public initiated maintenance procedures, shall take precedence over the use of the public right - of -way pursuant to the sidewalk cafe license at all times. (b) Licenses issued under this section may not be valid on any day that a permitted special event would close the street and /or sidewalk in front of the sidewalk cafe to normal use or traffic. Special Events organizers upon approval of the Special Event Permit by the Common Council shall notify sidewalk cafe license holders prior to scheduled events. The approval of a sidewalk cafe license is conditional at all times. A sidewalk cafe license may be revoked or suspended by the City when necessary to protect the public health, safety, or welfare; to prevent a nuisance from developing or continuing; in emergency situations; or due to noncompliance with this Section, the City Municipal Code, or applicable state or federal law. The cafe license shall be renewed on an annual basis and be valid from April 1 st through October 31 st of any year. APRIL 12, 2011 11 -164 ORDINANCE CONTD (D) Location (1) Sidewalk cafes may be permitted on public sidewalks on North Main Street within the area bound by Irving Avenue to the north and Ceape Avenue to the south. (2) Sidewalk cafe outdoor seating areas may be located only on that portion of the public right -of -way that is a minimum of five (5) feet from the right - of -way line, and two (2) feet from established face of curb or street where the license holder's business is located, and shall not be in conflict with the City's Municipal Code (See Figure 1). (3) Sidewalk cafes shall extend no further than the side property lines of the establishment's street frontage. (4) A minimum of five (5) feet of unobstructed public pedestrian walkway adjacent to the right -of -way line shall be maintained at all times (See Figure 1). (5) No part of the sidewalk cafe shall obstruct access to any fire hydrant nor obstruct the view of any fire hydrant from the street. (6) No sidewalk cafe shall be permitted within five (5) feet of the sides of bus stops or bus shelters, nor permitted in a manner that interferes with the use of bus stops or interferes with the ingress or egress from any bus shelter. (7) No portion of a sidewalk cafe shall be located within five (5) feet of a curb - cut, a marked crosswalk, or any other obstruction including, but not limited to, a parking meter post, sidewalk bench, bike rack, kiosk, etc. (8) No portion of a sidewalk cafe shall be located to obstruct any truck, freight, or passenger loading zone, nor adjacent to any disabled parking space. (9) At least one (1) unobstructed entrance of at least three (3) feet in width shall be maintained to allow sufficient public entry /exit to sidewalk cafe. (10) No sidewalk cafe shall be placed on any grass, lawn, or any unpaved areas of the right -of -way. (11) No portion of the sidewalk cafe shall be used for food or beverage preparation, storage or refrigeration. (E) Restrictions (1) Signage No signs shall be permitted in the sidewalk cafe area except the following: (a) Table umbrellas with the license holder's business name printed thereon or name(s) of products sold at the business. (b) Sandwich board signs or any other signs for which the license holder has obtained the appropriate permits. APRIL 12, 2011 11 -164 ORDINANCE CONTD (2) (3) (4) (5) (c) A hand -held menu provided to patrons by the license holder shall not be considered a sign. Tabletop documents such as wine lists or information pertaining to the business shall not be considered signs if they are not more than 9 x 12 inches. (d) Off - premise signage or advertising shall be prohibited. Use of Public Property (a) No license holder may use any public property such as light poles or other utility poles, flower planters, trees, or other amenities as a point of attachment for anything, including ropes, posters, signs, or electrical cords. (b) No license holder may use public electric receptacles for any purpose. Obstruction in Clear Walkway No license holder shall place any object such as chairs, tables, signage, electric cords, etc. in the sidewalk from the right -of -way line to five (5) feet from the right -of -way line (See Figure 1). Obstruction of Traffic No license holder may place, construct, or maintain fencing, a barrier, or any other object that would obstruct the view for traffic on the streets, alleyways, driveways, or for any other vehicle traffic path. Furnishings (a) The license holder shall use, and maintain in good repair, safe, sturdy furniture designed for outdoor use. (b) The license holder shall use furnishings and equipment which enhance the aesthetics of the surrounding area. (c) Umbrellas and other decorative material shall be wood, canvas, cloth, plastic metal or similar material. (i) Umbrellas shall be stabilized to prevent them from being lifted from their holders or blown over by wind. No alteration of city property shall be allowed. (ii) No portion of an umbrella shall be less than six feet eight inches (6'8 ") above the sidewalk. (d) All furnishings shall be readily removable and shall not be physically attached, chained, or in any manner affixed to any structure, tree, post sign, or other fixture, curb, or sidewalk. (e) The City, its officers and employees, shall not be responsible for sidewalk cafe fixtures that are relocated or damaged. APRIL 12, 2011 11 -164 ORDINANCE CONTD (6) (7) (8) ( (10) (f) A cafe license holder that is allowed to sell or serve alcohol beverages shall maintain a freestanding decorative barrier establishing the boundaries of the sidewalk cafe on all sides with exception of a 36 inch wide open section facing the business for ingress and egress from the cafe area. Such barrier shall be between 34 inches and 38 inches high, and shall not extend into the area outside the sidewalk cafe area authorized in the license. (g) All furnishings shall be removed daily from the public right -of -way at the end of business or by 10:30 p.m., whichever is sooner. The license holder shall also remove from the sidewalk cafe all furnishings anytime that service is not authorized or is not being offered to the public at the sidewalk cafe. Dates and Hours (a) A sidewalk cafe may be open for business between the hours of 7:00 a.m. and 10:00 p.m. (b) A sidewalk cafe shall not be open during hours when food or beverage service is not available. (c) A sidewalk cafe shall be allowed from April 1 St until October 31st Lightin Lighting shall be shielded so as not to shine directly onto adjoining property or create a glare that is distracting to adjoining property users or to vehicles in the street. Music /Noise The license holder shall not direct or allow to be directed, music into the sidewalk cafe area by means of outdoor speakers or jukeboxes, nor shall the license holder allow live music in the sidewalk cafe area. Patron Service (a) No person may be served in the sidewalk cafe unless seated. Sidewalk cafe capacity is limited to the number of seats in the cafe. (b) During the sidewalk cafe's operating hours, patrons being served within the sidewalk cafe shall count towards the premise's established capacity. Sidewalk Cafe Maintenance (a) The license holder shall remove all trash from the sidewalk cafe on a regular basis during business hours, and shall keep the sidewalk cafe area in a clean, orderly, litter -free and hazard -free condition. (b) The license holder shall remove litter from the abutting properties which may have come from the sidewalk cafe. (c) The license holder shall not place any solid waste in the City solid waste containers. APRIL 12, 2011 11 -164 ORDINANCE CONTD (11) Food & Beverage Service Food and beverages may only be served with plastic, metal or paper dishes or containers. Glass or crockery shall be prohibited in the sidewalk cafe. (F) Service of Alcohol Beverages A license holder may sell and serve alcohol beverages in an outdoor cafe only if the license holder complies with all the requirements for obtaining an alcohol beverage license, and the sidewalk cafe is listed on the alcohol beverage license application as being an extension of the licensed premises. Alcohol may be served at sidewalk cafes under the following conditions: (1) The license holder has a valid and appropriate alcohol beverage license for the principal premises. (2) The alcoholic beverage license includes the sidewalk cafe in the description of the licensed premises. (a) Applicant shall file a written explanation of the purpose, intent and operation of the sidewalk cafe with the City Clerk. (3) Alcohol beverages may only be sold and served to patrons seated at tables in the sidewalk cafe. (4) Alcohol beverages may only be served by a licensed bartender in compliance with the alcohol beverage laws, ordinances, and regulations. (5) No beverages shall be prepared in the cafe area. (6) Alcohol beverages may only be served in plastic, metal or paper containers. Glass or crockery shall be prohibited in the sidewalk cafe. (7) The license holder shall be responsible for monitoring the sidewalk cafe area to prevent underage persons from entering or remaining in the sidewalk cafe, except when underage persons are allowed to be present on the licensed premises under applicable laws. (8) The license holder shall not allow patrons of the sidewalk cafe to bring alcohol beverages into the sidewalk cafe from another location, nor to carry open containers of alcohol beverages about in the sidewalk cafe area, nor to carry open containers of alcohol beverages served in the sidewalk cafe outside the sidewalk cafe area. (9) The service area from which the alcohol beverages are dispensed shall be located indoors and shall not be located in the sidewalk cafe area. (10) The license holder may begin serving alcohol beverages at 7:00 a.m. The last call for alcohol beverages shall be at 9:30 p.m. All alcoholic beverages must be removed from the sidewalk cafe by 10:00 p.m. (11) The City Manager, Chief of Police or designee without notice may close a sidewalk cafe at any time if the health, safety, welfare, or good order of the city is threatened. REVISED APRIL 12, 2011 11 -164 ORDINANCE CONTD (G) Liability Insurance No applicant shall be issued a sidewalk cafe license without providing proof of sufficient liability insurance covering the sidewalk cafe area in the following minimum amounts: Commercial general liability: $1,000,000 per occurrence /general aggregate. Employer's liability: $300,000 policy limit; $100,000 per employee. (1) The license holder must agree to indemnify, defend and hold the City, its employees and agents harmless against all claims, liability, loss, damage, or expense incurred by the City as a result of any injury to or death of any person or damage to property caused by or resulting from the activities for which the license is granted. (2) As evidence of liability insurance, the license holder shall furnish a Certificate of Insurance, on a form acceptable to the City, evidencing the existence of adequate liability insurance naming the City of Oshkosh, its employees and agents as additional insureds. (3) Whenever such a policy is cancelled, not renewed, or materially changed, the insurer and the license holder shall notify the City of Oshkosh by certified mail. RESOLUTION 11 -164 r APRIL 12, 2011 11 -164 ORDINANCE CONTD SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #11 -XXX APPROVE AMENDMENT TO CHAPTER 25 STREETS & SIDEWALKS TO CREATE SECTION 25 -62 SIDEWALK CAFE /OUTDOOR SEATING REGULATIONS IN THE PUBLIC RIGHT -OF -WAY ON NORTH MAIN STREET on April 26, 2011. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011.