HomeMy WebLinkAbout~Master - Ordinance Relating to Sidewalk Cafe Barrier and Placement Requirements ORDINANCE NO.4436
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA,BY REPEALING SECTION 22.32(B)(4)
AND SECTION 22.32(J) 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 cafd 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 cafd from
the adjoining right-of-way. Barriers separating a sidewalk caf6 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 cafd 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 cafd 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 cafd 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 13`h day of April,2021.
Diane R.Voss,City Clerk John A. Haila,Mayor