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HomeMy WebLinkAboutA003 - proof of publication dated April 16, 1991 LEGAL NOTICE ORDINANCE N0. 3125 Proof of Publication in The AN ORDINANCE TO AMEND THE MUNICIPAL CODE T H E DAILY TRIBUNE OF THE CITY OF AMES, IOWA, BY ADDING THERETO A NEW SUBSECTION 22.4(3) FOR THE PURPOSE OF REGULATING SIDEWALK CAFES; PROVIDING A PENALTY AND ESTABLISHING AN speakers are prohibited. (g) Signs shall not be allowed at any outdoor cafe, except EFFECTIVE DATE. BE IT ORDAINED, by the for the name of the establishment on an City Council for the City of Ames, Iowa: Section One. The Municipal Code of the awning or umbrella fringe. (h) Insurance City of Ames, Iowa is hereby amended by Requirements. Sidewalk cafe ownersrs sha1T STATE OF IOWA, STORY COUNTY,SS. enacting a new subsection 22.4(3) as procure and maintain, for the duration of follows: "(3) Sidewalk Cafes. The pur- the Temporary Obstruction Permit, insur- pose of this su section is to set forth ance against claims for injuries to per- Verle-$e�gese , Dennis Waller, Barry-L— eE t, on the conditions and requirements under sons or damages to property which may ath depose and say that I am president, I which a sidewalk cafe, as defined, may be arise from, or in connection with, prod- ga permitted to operate by Temporary Obstruc- ucts, materials and services provided. manager of the THE DAILY tion Permit on a public sidewalk within Sidewalk cafe owners shall furnish the RIBUNE, a daily newspaper, printed at Ames, Story the City, of Ames. (a) Definition. A City of Ames with certificates of insur- ounty,Iowa;that the annexed printed sidewalk cafe is any group of tables and ance, written by a company authorized to chairs, and its authorized decorative and transact business in the state of Iowa, accessory devices, situated and maintained evidencing the following coverages: (') O r d i n a n c e #3 1 2 5 upon the public sidewalk for use in con- Comprehensive general liability with nection with the consumption of food and limits no less than $500,000 combined non-alcoholic beverages sold to the public single limit. (ii) Combined single limit from, or in, an adjoining indoor restau- per occurrence for bodily injury, personal rant. (b) Where Permissible. A sidewalk injury and property damage. The policy cafe shall be permitted only in zoning shall name the City of Ames as an addi- districts which allow indoor restaurants tional named insured and require 30 days and then only if the sidewalk cafe is written notice of cancellation. The contiguous to an indoor restaurant and the coverage shall be a least as broad as the as published in Said newspaper for 1 cafe's operation is incidental to and a ISO Form Number CG0001 covering commercial part of the operation of such contiguous general liability written on an occurrence indoor restaurant. A sidewalk cafe shall basis only. (i) Delineatin Sidew_q alk Cafe >nseCutive Weeks, the first be located on the public sidewalk immedi- Area. The sidewa k ca a shall a JelinJelin- id the last Of Said ately contiguous to and abutting the eated by barriers separating patrons from publication was On the indoor restaurant which operates the cafe, the pedestrian traffic on the sidewalk. provided that the area in which the side- The detailed requirements for each side- 1 6 t h da of April walk cafe is located extends no farther walk cafe will be determined as warranted. day of the sidewalk's length than the The barriers will be within the 50 percent actual sidewalk frontage of the operating of the sidewalk designated for the side-9 91 indoor restaurant, and all other applica- walk cafe, or to ensure a minimum of four ble provisions of this article are ful- (4) feet of sidewalk width clear of ob- filled. (c) Alcoholic Bevera es. The structions. (j) Food and Bevera es. service of alcoholic beverages to custom- sidewalk cafe shalT serve only ood and ers using the sidewalk cafe is prohibited. non-alcoholic beverages prepared, or vorn to before me and subscribed in my presence by (d) Number of Sidewalk Cafes. An indoor stocked for sale, at the adjoining indoor� Dennis On, Waller, restaurant shall be permitted to operate restaurant. (k) Service Requirements. �t only one sidewalk cafe, and each sidewalk The outdoor preparation of food and bus- cafe shall be confined to a single loca- ing, or service stations, are prohibited s 1 6 t h day of April tion on the sidewalk. (e) Sidewalk Clear- at sidewalk cafes. The presetting of antes. A sidewalk cafe sha a permitted tables with utensils, glasses, napkins, q�y where the'sidewalk is wide enough to condiments, and the like is prohibited. adequately accommodate both the usual All exterior surfaces within the sidewalk pedestrian traffic in the area and the cafe shall be easily cleanable, and shall operation of the proposed cafe. A side- be kept clean at all times by the otary Public walk cafe shall not occupy more than 50 permittee. Restrooms for the cafe shall fate of Iowa percent of the sidewalk's width at any be provided in the adjoining indoor res- n-IJ111- point as measured from the curb or parking taurant, and the cafe seating shall be meter or planter, whichever is closer to counted in determining the restroom re-,s $ 72 . 87 the building, and there shall be a minimum quirements of the indoor restaurant. (1) of four (4) feet of sidewalk width clear Trash and refuse storage for the sidewalk of obstructions. (f) Table and Chairs, cafe sha 1 not be permitted within the Location and Requirements of Furniture. outdoor dining area, or on adjacent side- All tables and chairs comprising a side- walk areas, and the permittee shall remove walk cafe shall be set within the 50 all trash and litter as they accumulate. percent of the sidewalk measured from the The permittee shall be responsible for indoor restaurant building exterior wall, maintaining the outdoor dining area, and shall not be situated within eight including,the sidewalk surface and furni- feet of any designated bus stop, and 20 ture, and adjacent areas in a clean and feet from any street intersection. All safe condition. (m) Da vs and Hours of outdoor dining furniture, including ta- Operation. Sidewalk cafes sal operate bles, chairs, umbrellas, and authorized on days whenever fair weather would en- accessory items, shall be readily movable. hance outdoor dining from the dates of "Readily movable" shall mean that no April 1, to October 31, of the said given object as stated above, which is part of year that the Temporary Obstruction Permit the sidewalk cafe, shall be leaded, ce- was issued. The hours of operation are mented, nailed, bolted, power riveted, limited to between 7:00 a.m. and 11:00 screwed-in or affixed, even in a temporary p.m. Tables, chairs and all other furni- manner, to either the sidewalk on which ture used in the operation of an outdoor the sidewalk cafe is placed, to the build- cafe shall be removed from the sidewalk ing, or to any other structure which the and stored indoors at night, and whenever sidewalk cafe abuts. Umbrellas must be the cafe is not in operation. The City secured with a minimum base of not less shall have the right and power, acting than 60 pounds. Outdoor heaters, fans, through the City Manager or his designee, air conditioners, amplified sound, or to prohibit the operation of a sidewalk cafe at any time because of anticipated or actual problems of conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and simi- lar events, parades or marches, repairs to the street or sidewalk, or from demon- strations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk cafe will be prohibited by the City, but any failure to give prior written notice shall not affect the right and power of the City to prohib- it the cafe's operation at any particular time. (n) Findin and Conditions. fn connection with grantisng approva or any Temporary Obstruction Permit for a side- walk cafe, the City Manager shall make findings that the proposed operation meets the limitations of this subsection, and the Manager may impose such conditions in granting approval as are needed to assure that the proposed operation will meet the operating requirements and conditions set forth in this article, and to assure that the public safety and welfare will be protected. (o) Term and Renewal. A Temporary Obstruction Permit for a side- walk cafe shall be approved by the City Manager for a maximum period of one year. Thereafter, the City Manager, if an exten- sion application is filed prior to any expiration date of the Temporary Obstruc- tion Permit, may extend the permit for additional periods, not to exceed one year each, following review and approval of the cafe's operations. In the event the City Manager decides additional or revised conditions are necessary, to which the applicant objects, or if the City Manager decides that the permit should not be re- newed at all, the application shall be referred to the City Council, which shall hold a public hearing and thereafter decide the matter. The City Manager may make any renewal of a Temporary Obstruc- tion Permit subject to additional and revised conditions and requirements. Any renewal granted by the City Manager shall not exceed a period of one year. All applications shall be filed with the City Clerk, who shall refer them to the City Manager. The City Clerk shall maintain the records of permits issued, denied, or revoked. (p) Revocation. A Temporary Obstruction Permit may be revoked by the City Manager, following notice to the permittee and a hearing, upon a finding that one or more conditions of the permit or of this article have been violated, or that the sidewalk cafe is being operated in a manner which constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes or restricts the movement of pedestrians past the sidewalk cafe. Section Two. Violation of the provisions o -this ordinance shall constitute a municipal infraction, .punishable as set out in Section 1.9, Ames Municipal Code. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 9th day of April, 1991. Nancy Dionigi, City Clerk .Larry R. Curtis, Mayor Published in The Daily Tribune April 16, 1991.