HomeMy WebLinkAbout~Master - Broadening Sidewalk Cafe Provisions to Allow at Various Food-Selling Businesses ORDINANCE NO.3537
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY REPEALING SUBSECTIONS 22.4(3)(a),(b),(d),(f),0),
AND (k), AND RE-ENACTING THE SAME NEW SUBSECTIONS FOR
THE PURPOSE OF BROADENING THE SIDEWALK CAFE PROVISIONS
TO ALLOW FOOD SELLING BUSINESSES OTHER THAN
RESTAURANTS TO HAVE SIDEWALK CAFES;REPEALING ANY AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing
Subsections 22.4(3)(a),(b),(d),(0,0),and(k)and enacting new Subsection 22.4(3)(a),(b),(d),(f),0),and(k)as follows:
"(a) Definition. A sidewalk cafe is any group of tables and chairs, and its
authorized decorative and accessory devices,situated and maintained upon the public sidewalk for use
in connection with the consumption of food and non-alcoholic beverages sold to the public from,or in,
an adjoining indoor restaurant,or other indoor business selling food for consumption on the premises.
(b) Where Permissible. A sidewalk cafe shall be permitted only in zoning
districts which allow indoor restaurants,or other indoor business selling food for consumption on the
premises,and then only if the sidewalk cafe is contiguous to an indoor restaurant,or other indoor business
selling food for consumption on the premises, and the cafe's operation is incidental to and a part of the
operation of such contiguous indoor restaurant,or other indoor business selling food for consumption on
the premises. A sidewalk cafe shall be located on the public sidewalk immediately contiguous to and
abutting the indoor restaurant,or other indoor business selling food for consumption on the premises,
which operates the cafe,provided that the area in which the sidewalk cafe is located extends no farther
along the sidewalks length than the actual sidewalk frontage of the operating indoor restaurant,or other
indoor business selling food for consumption on the premises, and all other applicable provisions of this
article are fulfilled.
(d) Number of Sidewalk Cafes. An indoor restaurant,or other indoor business
selling food for consumption on the premises,shall be permitted to operate only one sidewalk cafe,and
each sidewalk cafe shall be confined to a single location on the sidewalk.
(f) Table and Chairs,Location and Requirements of Furniture. All tables
and chairs comprising a sidewalk cafe shall be set within the 50 percent of the sidewalk measured from
the indoor restaurant,or other indoor business selling food for consumption on the premises, building
exterior wall,and shall not be situated within eight feet of any designated bus stop,and 20 feet from any
street intersection.
All outdoor dining furniture, including tables, chairs, umbrellas, and authorized
accessory items,shall be readily movable. "Readily movable"shall mean that no object as stated above,
which is part of the sidewalk cafe,shall be leaded,cemented,nailed,bolted,power riveted,screwed-in
or affixed,even in a temporary manner,to either the sidewalk on which the sidewalk cafe is placed,to
the building,or to any other structure which the sidewalk cafe abuts. Umbrellas must be secured with
a minimum base of not less than 60 pounds. Outdoor heaters,fans,air conditioners,amplified sound,or
speakers are prohibited.
(j) Food and Beverages. A sidewalk cafe shall serve only food and non-
alcoholic beverages prepared, or stocked for sale, at the adjoining indoor restaurant, or other indoor
business selling food for consumption on the premises.
(k) Service Requirements. The outdoor preparation of food and busing, or
service stations,are prohibited at sidewalk cafes. The presetting of tables with utensils,glasses,napkins,
condiments, and the like is prohibited. All exterior surfaces within the sidewalk cafe shall be easily
cleanable,and shall be kept clean at all times by the pernuttee. Restrooms for the cafe shall be provided
in the adjoining indoor restaurant,or other indoor business selling food for consumption on the premises,
and the cafe seating shall be counted in determining the restroom requirements of the indoor restaurant,
or other indoor business selling food for consumption on the premises."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as
set out in Section 1.9 of this Code.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this 28th day of September, 1999.
t.
Diane R. Voss,City Clerk Ted Tedesco,Mayor