HomeMy WebLinkAboutA001 - Council Action Form dated April 13, 2021 ITEM # 38
DATE 04-13-21
COUNCIL ACTION FORM
SUBJECT: ORDINANCE RELATING TO SIDEWALK CAFE BARRIER AND
PLACEMENT REQUIREMENTS
BACKGROUND:
On June 23, 2020, in response to public health guidance for physical distancing of
restaurant patrons, the City Council relaxed requirements for outdoor dining through
October 2020. This allowed restaurants to space patrons further apart into outdoor
seating areas, meeting the spacing requirements and minimizing the reduction of the
total number of patrons who could be served.
At that time, the City Council also directed staff to prepare an ordinance change
to the Sidewalk Cafe Code to permanently address two aspects of operating a
sidewalk cafe. These two changes are discussed below.
BARRIER REQUIREMENT:
The Sidewalk Cafe Code requires that barriers be placed between the sidewalk cafe
and the pedestrian travel path on the sidewalk. These are typically fence sections,
planters, or weighted posts with chains. This requirement is intended to reduce the
encroachment of tables and chairs into the pedestrian travel path on the sidewalk.
The proposed change would remove the requirement for barriers separating the
sidewalk cafe from the traveling path on the sidewalk, at sidewalk cafes where alcohol
is not served. Where alcohol is served, barriers would still be required as a means to
delineate the extent of the licensed service area.
Since the Sidewalk Cafe Code was overhauled approximately five years ago, City staff
has observed that the barrier requirements appear to be one of the more challenging
aspects of the Sidewalk Cafe Code to maintain compliance with. Even with the removal
of the requirement for barriers in certain situations, other provisions of the Sidewalk
Cafe Code outline the expectation for tables and chairs to avoid encroaching on the
traveling path of the sidewalk.
EXTENSION ONTO ADJACENT FRONTAGE:
Sidewalk cafes are not currently permitted to extend any farther along the sidewalk's
length than the frontage of the indoor restaurant associated with the sidewalk cafe. The
proposed change would allow sidewalk cafes to extend along in front of an adjacent
business, provided the extension is approved by the adjacent business owner and the
ingress/egress from the adjacent business is not blocked.
1
This change would allow for longer and larger sidewalk cafes to be established, and for
spaces in front of other establishments (such as retail stores) to be used with
permission.
City staff has prepared an ordinance to implement these modifications, which is
attached.
ALTERNATIVES:
1. Approve first reading of an ordinance amending Section 22.32 of Municipal Code
pertaining to Sidewalk Cafes to modify the barrier requirements and the
extension of sidewalk cafes along an adjacent frontage.
2. Direct staff to make modifications to the draft ordinance.
3. Do not approve the proposed ordinance.
CITY MANAGER'S RECOMMENDED ACTION:
The two proposed changes to the Sidewalk Cafe Code lessen the requirements for
Sidewalk Cafe operators, making it easier to implement a successful sidewalk cafe
operation. The encroachment of tables and chairs into the sidewalk traveling path is still
prevented through other aspects of the Sidewalk Cafe Code, and extensions along an
adjacent frontage would be allowed only if the adjacent business owner consents.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
2
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY REPEALING SECTION
22.32(B)(4) AND SECTION 22.32(.n AND ENACTING A NEW
SECTION 22.32(B)(4) AND A NEW SECTION 22.32(C)(2)(V)
THEREOF, FOR THE PURPOSE OF SIDEWALK CAFE
MODIFICATIONS 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 as follows:
"Sec.22.32. SIDEWALK CAFE PERMITS.
(b) Where Permissible.A sidewalk cafe shall be permitted as follows:
(4) Provided the area in which the sidewalk cafe is located
extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor
business, or no farther than the actual sidewalk frontage of an adjacent business with the written permission
of the adjacent business operator, or a combination of the two, and all other applicable provisions of this
subsection are fulfilled.
(c) Restrictions on Smoking and Alcoholic Beverages.
Permittees shall enforce the following prohibitions or restrictions:
(2) Alcoholic beverages may be served at sidewalk cafes
pursuant to a valid liquor control license, and in accordance with state and local alcoholic beverage
control laws, provided the following additional requirements are met:
(v) Delineating Sidewalk Cafe Area. The sidewalk
cafe shall be delineated by barriers at least forty-two (42)inches in height separating patrons from the
pedestrian traffic on the sidewalk and, if applicable, roadway traffic. Barriers may consist of ropes,
chains, planters, fencing, or other sturdy material that physically separates the sidewalk cafe from
the adjoining right-of-way. Barriers separating a sidewalk cafe from roadway traffic must be
secured to other barriers or weighted to prevent their encroachment into driving or parking lanes.
Barriers shall comply with detectability requirements as set forth in the current version of the
Americans with Disabilities Act Accessibility Guidelines. Barriers shall be set within the 50 percent of
the sidewalk designated for the sidewalk cafe,to ensure a minimum of four(4)feet of sidewalk width
clear of obstructions,and
(vi) Alcoholic beverages shall not be served or
dispensed at the sidewalk cafe of any establishment where minors are prohibited according to
Section 17.16, except that establishments permitted to have minors on the premises only during
certain hours of the day according to Section 17.16 may serve alcohol at their sidewalk cafe only
during those hours. An establishment which is not permitted to have minors on the premises at any
time may request, and the City Council may grant, an exception to this requirement on a case- by-case
basis. The City Council shall consider the site conditions, the compliance history of the establishment
and its staff, staff training, and any other factors it deems relevant to ensuring the safe and
responsible use of City sidewalks. The City Council may impose special conditions in addition to
those indicated in this Section on any sidewalk cafe granted an exception to dispense alcohol."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
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 day of ,
Diane R.Voss,City Clerk John A.Haila,Mayor