HomeMy WebLinkAboutA001 - Council Action Form dated February 28, 2017 ITEM # 45
DATE 2-28-17
COUNCIL ACTION FORM
SUBJECT: ADOPTION OF SIDEWALK CAFE CODE REVISIONS
BACKGROUND:
At the February 14, 2017 City Council meeting, the City Council directed staff to prepare
an ordinance modifying the Sidewalk Cafe Code. That ordinance is attached, and is
presented to the City Council for first passage.
The key changes to the Sidewalk Cafe Code are as follows:
1. Allows for an offset sidewalk cafe, which is a type that does not abut the building.Also allows the use of parklets to extend the sidewalk cafe into a parking space.
2. Alcoholic beverages are allowed, provided:
a. The premises are controlled and monitored
b. Alcohol may not be sold or served later than 10 p.m.
c. The establishment is of the type that is allowed to have minors on the
premises (and therefore is more akin to a "restaurant" than a "bar")
i. A "bar" may request an exemption from this requirement, which
may be granted by the City Council. The City Council may consider
the compliance history, training, and other factors, and may impose
additional restrictions if it chooses.
3. Air conditioners, fans, heaters, and speakers are permitted with certain
restrictions.
4. Sidewalk cafe components must be made of commercial quality materials
(details of what is acceptable are in the Code). Certain specific materials that
would tend to break easily are not acceptable (details are in the Code).
5. Within an hour of the closing time, sidewalk cafe components must either be
removed and stored indoors or secured via chains, cables, locks, etc.
6. Table service at a sidewalk cafe is permitted, but tables may not be pre-set with
utensils; soiled dishes must be bused promptly. Public street furniture and trash
receptacles may not be used for sidewalk cafe operations.
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7. The City Manager and any duly sworn peace officer have the power to prohibit
the operation of a sidewalk cafe or require the service of alcohol to cease at any
time due to actual or anticipated problems (e.g. nuisances, planned events).
8. The permit revocation, denial, and appeals processes have been modified to
align with the process for Vending Licenses.
ALTERNATIVES:
1. Approve on first reading the attached ordinance modifying the Sidewalk Cafe
Code.
2. Direct staff to modify the proposed ordinance.
3. Do not approve the ordinance.
MANAGER'S RECOMMENDED ACTION:
The City Council has provided direction regarding a variety of elements of the Sidewalk
Cafe Code. The proposed language incorporates the suggestions identified by the
Campustown Action Association, as well as revisions proposed by City staff to clarify,
the language and address its implementation. The revision is presented to the City
Council with time for it to be approved on third reading and adopted prior to the start of
the 2017 sidewalk cafe season.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving on first reading the attached ordinance modifying
the Sidewalk Cafe Code.
It should be emphasized that- even with the passage of this ordinance,
establishments seeking to serve alcohol within sidewalk cafes will still need to
obtain an "outdoor service area privilege" from the State of Iowa Alcoholic
Beverages Division.
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