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HomeMy WebLinkAbout10G - Sidewalk Eating Areas MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT June 6, 2006 1""\ ~ ~:-k Boyles, City Manage~ry Consider Approval of an Amendment to the Prior Lake City Code Adding Section 310 Relating to Sidewalk Eating Areas. Historv: The City has taken numerous steps to help make the Downtown a destination place for residents and business persons to spend the day socializing, shopping and dining. Most recently the Edelweiss Bakery has opened. The bakery owners have asked whether they could locate four tables with chairs outside on the sidewalk during the summer months. Since the sidewalk is public property, it is not a simple matter of saying yes, but instead requires an ordinance to regulate and provide criteria for sidewalk seating areas which includes the issuance of permits. At present, only Edelweiss Bakery and City Perks would qualify. CURRENT Planning staff has contacted the cities of Minneapolis, S1. Paul, and Rochester CIRCUMSTANCES: to obtain copies of their ordinances. We have reviewed each and modified them meet Prior Lake circumstances. A copy of the draft ordinance is attached for your information. ISSUES: The new ordinance addresses only food service establishments which do not have liquor service; restaurants with outdoor liquor service are addressed at length under State Statute. The conditions which apply to outdoor liquor service areas are considerably more strict than those contained in the attached ordinance. Under the proposed ordinance, an establishment licensed by the Minnesota Department of Health may request a license for a sidewalk eating area. The sidewalk eating area must be immediately adjacent to the exterior wall of the establishment, allow for egress and access as well as a five-foot sidewalk width between the eating area and curb edge for pedestrians. The ordinance prohibits the permanent installation of tables, chairs and other related serving and eating furniture on the sidewalks and requires their removal after closure to minimize nuisance or vandalism concerns. The ordinance outlines the cleanliness standards for such sites. Since the use of the sidewalk for this purpose exposes the City to liability, the operator is required to supply a liability policy naming the City as additional insured. Permits under the ordinance are issued annually at a cost of $100. Special conditions can be added to the permit to address unique circumstances. www.cityofpriorlake.com 1:\CQUNCIL\AGNRPTS\2005\0606 Sidew~'n'f\~~44 7.4230 / Fax 952.447.4245 FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: Conclusion: The Council should determine if it is comfortable with the ordinance as written or with amendments. It would then be appropriate to act upon the ordinance which would become effective upon publication. We have shared a copy of the ordinance with Mark Bowles at Edelweiss and Dean Reeves at City Perks. 1. Adopt the ordinance as drafted or with changes. 2. Take no action and direct staff to prepare additional information. 1. Alternative 1. 1:\COUNCIL\AGNRPTS\2005\0606 Sidewalk Eating.DOC Business Regulations SECTION 310 SIDEWALK EATING AREAS Subsections: 310.100: PURPOSE 310.200 PERMIT REQUIRED 310.300: RESTRICTIONS 310.400: PERMIT PROCEDURE 310.500: INSURANCE 310.600: SUSPENSION AND REVOCATION 310.700: ApPEALS 310.800: PERMIT FEES 310.900: No RIGHT To SUBSEQUENT YEAR PERMIT 310.100 310.200 310.300 PURPOSE: The purpose of this Section is to regulate the conditions under which a merchant in the C-3 (town center) business district may request and receive a permit to vend food and/or non-alcoholic beverages for consumption at tables placed in a designated area on a public sidewalk. The City Council is aware that the public sidewalk is intended for the orderly passage of pedestrians in the downtown and that any conflict between users of the sidewalk and sidewalk eating areas is undesirable. PERMIT REQUIRED: An establishment which is licensed by the Minnesota Department of Health to sell food on its premise may apply to the City for a special permit, heretofore known as a Sidewalk Eating Permit ("Permit") to conduct a portion of such licensed business on a sidewalk. A permit shall be valid for one year from the date of issuance. RESTRICTIONS AND REQUIREMENTS: a) A permit issued pursuant to this Section shall designate the area where eating will be offered ("designated area.") No sale or service shall be permitted on any portion of the sidewalk not designated in the Permit or on any portion of the street designated for vehicular travel. b) A Permit shall not be construed as authorizing the permanent installation of any seating or other articles in the designated are of the sidewalk. c) No tables, chairs, furnishings or other equipment shall be permitted in the designated area at any time during which the merchant's business is not open and operating. d) No Permit shall be valid in any location where the same is prohibited, now or in the future, by state law or this Section. e) Sidewalks adjacent to the merchant's establishment (building to street) shall be swept and washed daily by the Permit holder. Trash shall be disposed of and electricity provided from within the establishment. f) Permits will define the designated area which will limit tables and chairs to placement immediately adjacent to the eating establishment, provided that a five (5) foot width of sidewalk remains for pedestrians. g) No Permit will be issued to any establishment holding an "on sale" liquor, City of Prior Lake 309/p 1 "--------"'.---_._"'""----_._._------,------"-'_.-_...__._-_.~"..~_._._.._--" 310.400 310.500 Business Regulations wine or beer license. (See section 301.1500, Outdoor Areas in On-Sale Establishments) . h) The Permit for the use of a designated area of a public sidewalk as a sidewalk eating area shall not be an exclusive use. All public improvements including but not limited to trees, light poles, planters, traffic signals, refuse containers, benches or any other public-initiated maintenance procedure shall take precedence of the sidewalk eating area use at all times. A Permittee may not use the designated area during any City-sponsored events without permission of the City Manager. The City Manager shall determine whether the encumbrance of the designated area of the public sidewalk designated by the Permit interferes with the City-sponsored function and, if so, the designated area shall not be used by the Permittee during said period. i) No vending machines of any sort may be operated on a public sidewalk. PERMIT PROCEDURE: a) An applicant for a Permit under this Section shall file an application on forms provided by the City. b) The Permit application shall include a scaled diagram including, but not limited to, the dimension of the sidewalkl eating area, position of tables, fixtures or anything else to be placed upon the sidewalks including the width of the sidewalk remaining for pedestrian movement to access, egress and walk by the designated area on each public sidewalk face of the building. c) The application and diagram will be referred to the planning building, engineering, police and fire departments for evaluation, recommendation and any conditions to be included in the Permit to protect the public health, safety and welfare. d) The recommendations of the departments specified above, along with consideration of public health and safety issues, egress, ingress and unobstructed sidewalk width will be considered in determining whether a Permit will be issued. e) The City Manager may impose conditions upon the Permit which, in the judgment of the City Manager, protect and promote the health, safety and welfare of the public or prevent a nuisance from occurring. Such conditions may include, but are not limited to: 1. Restrictions on hours, days and months of operation. 2. Special sanitation and clean-up procedures. 3. Types of furnishings or fixtures to be used. 4. Restrictions upon audio, video or communication equipment. 5. Lighting, plantings or adornments. 6. Signage. f) Within thirty (30) days receipt of a completed application, the City Manager shall inform the applicant in writing as to the approval or denial of the Permit req uest. INSURANCE: No Permit issued pursuant to this Section shall be effective until the applicant therefore has filed with the City evidence of insurance insuring the proposed permittee against liabilities imposed by law arising out of ownership, maintenance or operation of such sidewalk eating area in the amount of at least two-hundred thousand dollars ($200,000) for the injury or death of one person; five-hundred thousand dollars ($500,000) for the injury or death of two persons, City of Prior Lake 309/p2 .-----..-----." -" _.. ...."" --.""""+--... ......... "..----......,-..... ,---.---..--. ....-..----.--...".-.... ....-... ~--_.- --_.._-~-~. ..-...-......---..,...-------. 310.600 310.700 310.800 310.900 Business Regulations and ten-thousand dollars ($101000) for damage to property. The City shall be named as additional insured in the policy providing such insurance and such policy shall further provide that it may not be canceled except upon thirty (30) days written notice to the City. No Permit issued pursuant to this Section shall be valid at any time during which the insurance required herein is not in effect and evidence of its continuance is on file with the City. PERMIT SUSPENSION AND REVOCATION: a) Any Permit issued pursuant to this Section may be revoked at any time by the City Manager when, in the judgment of the City Manager, such action is required to protect and promote the public health, safety and welfare. b) Any Permit may be suspended for such period of time during which the City Managerl in the Manager's judgment, determines adequate grounds exist. c) Permits issued pursuant to this Section are nontransferable. ApPEALS: An applicant or Permittee may appeal the decision of the City Manager to deny, revoke or suspend a Permit to the City Council in writing within five (5) days of receipt of notice. The City Council, following a public hearing, shall affirm, overturn or modify the determination of the City Manager. PERMIT FEE: The annual fee for a Permit shall be one-hundred dollars ($100). No RIGHT TO SUBSEQUENT YEAR PERMIT: A Permit holder does not acquire any right of any nature or kind to receive a Permit or renew an existing Permit in a subsequent or successive year. Every application to renew a Permit shall be reviewed annually based upon the criteria set forth in this Section. In addition to the criteria set forth in this Section, the City Manager may take past performance of the Permit holder and current circumstances into consideration when determining whether to approve, deny, suspend or revoke a Permit for an applicant who has previously been granted such a Permit. City of Prior Lake 309/p3 -'-----"~---,---_._----'----~-~-_._---">"-_..._._".