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Home My WebLink About310: Sidewalk Eating Areas Business Regulations SECTION 3 10 SIDEWALK EATING AREA S Subsections: 3 10 .100: P URPOSE 3 10 .200 P R ERMIT EQUIRED 3 10 .300: R ESTRICTIONS 3 10 .400: P P ERMIT ROCEDURE 3 10 .500: I NSURANCE 3 10 .600: S R USPENSION AND EVOCATION 3 10 .700: A PPEALS 3 10 .800: P F ERMIT EES 3 10 .900: N R T S Y P O IGHT O UBSE QUENT EAR ERMIT 3 10 .100 P : The purpose of this Section is to regulate the conditions under which URPOSE 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 i s undesirable . 3 10 .200 P R : An establishment which is licensed by the Minnesota ERMIT EQUIRED Department of Health to sell food on its premise may apply t o 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. 3 10 .300 R R : ESTRICTIONS AND EQUIREMENTS a) A permit issued pursuant to this S ection shall designate the area where eating will be offered (“d esignated 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 a 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 P ermit holder . T rash shall be dispos ed 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 3 10 /p 1 Bus iness 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 sidewa lk 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 s idewalk 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 sidew alk 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. 310.400 P P : ERMIT ROCEDUR E 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 sidewalk, 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 specifie d 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 ju dgment 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 h ours, days and months of operation. 2. Special san itation 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 (3 0 ) days receipt of a complete d application, the City M anager shall inform the applicant in writing as to the approval or denial of the Permit request. 3 10.5 00 I : No Permit issued pursuant to this Section shall be effective until the NSURANCE 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 pe rson; City of Prior Lake 3 10 /p 2 Bus iness Regulations five - hundred thousand dollars ($500,000) for the injury or death of two persons, and ten - thousand dollars ($10,000) for damage to property. The City shall be named as additional insured in the policy providing such insurance and such policy shall fu rther provide that it may not be canceled except upon thirty (30) days written notice to the City. No Permit issued pursuant to this S ection shall be valid at any time during which the insurance required herein is not in effect and evidence of its continu ance is on file with the City. 3 10.6 00 P S R : ERMIT USPENSION AND EVOCATION 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 t he public health, safety and welfare. b) Any Permit may be suspended for such period of time during which the City Manager, in the Manager’s judgment, determines adequate grounds exist. c) Permits issued pursuant to this Section are nontransferable. 3 10.7 00 A : An applicant or Permittee may appeal the de cision of the City P PEALS Manager to deny, revoke or suspend a P ermit to the City Council in writing within five (5) days of receipt of notice. The City Council, following a public hearing, shall affirm, overtur n or modify the determination of the City Manager. 3 10.800 P F : The annual fee for a Permit shall be one - hundred dollars ($100). ERMIT EE 3 10.9 00 N R S Y P : A P ermit holder does not acquire any O IGHT TO UBSEQUENT EAR ERMIT right of any nature or kind to re ceive a P ermit or renew an existing Permit in a subsequent or successive year. Every application to renew a P ermit shall be reviewed annually based upon the criteria set forth in this S ection. In addition to the criteria set forth in this Section, the Ci ty Ma nager may take past performance of the Permit holder and current circumstances into consideration when determining whether to appr ove, deny, suspend or revoke a P ermit for an applicant who has previously been granted such a P ermit. City of Prior Lake 3 10 /p 3