NUMB:
980249
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. HENNINGSEN
TITL:
A substitute ordinance establishing a standardized permit process for the location of outdoor restaurant dining facilities in the public right-of-way.
SECS:
81-106.7 cr
115-32-1-n cr
115-32.6 cr
245-4-28 cr
245-11-2 am
ANLS:
- Analysis -
This ordinance establishes an administrative permit process (replacing the current special privilege process) for sidewalk cafes in the public right-of-way. The commissioner of public works would issue the required permit based upon compliance with guidelines to be adopted by the common council. Sign-off on the proposed sidewalk cafe by the local common council member would be a precondition to the commissioner's issuance of a permit.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-106.7 of the code is created to read:
81-106.7. Sidewalk Area Dining Permit.
1. The initial application fee for a sidewalk area dining permit shall be $100.
2. In addition to the initial application fee, an annual space rental fee of $.25 per square foot of public right-of-way used for the outdoor dining area shall be charged. (See s. 115-32.6.)
Part 2. Section 115-32-1-n of the code is created to read:
115-32. Obstruction on Public Ways.
1.n. Sidewalk area dining facilities as provided by s. 115-32.6.
Part 3. Section 115.32.6 of the code is created to read:
115-32.6. Sidewalk Area Dining Facilities; Permits.
1. PURPOSE. The purpose of this section is to establish reasonable rules and regulations governing placement, operation and maintenance of sidewalk area dining facilities in the public right-of-way. The city welcomes such uses in the public way but must also ensure that convenience, safety and general access for pedestrians will be maintained.
2. DEFINITION. A "sidewalk area dining facility" shall mean an open air space located in the public right-of-way and created for the purpose of consuming food or beverages prepared on private property adjacent thereto.
3. PERMIT REQUIRED. It shall be unlawful for any person to use the public right-of-way as a sidewalk area dining facility without first obtaining a permit therefor. The application and annual space rental fee for sidewalk area dining facilities shall be as specified in s. 81-106.7.
4. PERMIT. a. Application. Application for such a permit shall be made to the commissioner of public works. Applications shall include a dimensioned drawing illustrating existing physical conditions in the location of the proposed sidewalk area dining facility, a dimensioned site plan showing proposed design of the sidewalk area dining facility (i.e. layout of tables, chairs, planters, fencing or other barricades, lights, signs, relationship to entrances and other street level physical features of the associated building; etc.) and a written plan of operation.
a-1. The plan of operation at a minimum shall indicate:
a-1-a. The expected starting date and ending date of the sidewalk area dining facility.
a-1-b. The proposed daily hours.
a-1-c. The planned capacity of the sidewalk area dining facility.
a-1-d. Whether any of the proposed sidewalk area dining facility improvements would be physically attached to public infrastructure and if so, how.
a-2. The commissioner of public works shall develop appropriate application forms and may list on those forms additional information needed to adequately review applications. The application must be signed by both the applicant and the property owner (if other than the applicant).
b. Insurance. The applicant for a sidewalk area dining facility shall assume responsibility for all liability for damages to persons or property associated with creation, operation and maintenance of the sidewalk area dining facility and shall maintain the minimum insurance coverages specified in s. 245-12-3-b. A certificate of insurance naming the city as an insured party shall be submitted prior to issuance of the permit.
c. Surety Bond. The commissioner of public works may require a bond of a surety company duly incorporated in the state of Wisconsin or duly licensed to do business in the state in such sum as the commissioner may require but not exceeding $10,000, such bond to be approved by the city attorney.
d. Decision. The commissioner of public works may either approve, conditionally approve or deny the application for a sidewalk area dining permit. The commissioner shall consult the local common council member before issuing a permit for a sidewalk area dining facility and shall deny any application upon the council member's request.
e. Appeals. Any applicant aggrieved by the decision of the commissioner of public works may appeal such decision to the common council in accord with s. 115-41.
f. Permit Term. A sidewalk area dining permit shall be valid from the date of issuance to the end of the calendar year in which it was issued.
g. Renewal. A sidewalk area dining permit may be renewed upon payment of the annual space rental fee (See s. 81-106.7).
h. Display of Permit. The permit holder shall display the approved sidewalk area dining permit in proximity to the sidewalk area dining facility so that it will be visible to passing pedestrians.
5. REMOVAL. The permit holder shall remove all tables, chairs, fencing and other material associated with the sidewalk area dining facility and restore the public way whenever public necessity so requires as determined by resolution of the common council or upon expiration of the permit. In addition, the commissioner of public works may order the temporary removal of sidewalk dining facilities for major civic events, emergency repairs or other public improvements. The permit holder shall not be entitled to any damages when/if removal is required.
6. GUIDELINES. The commissioner of public works in administering this section shall refer to guidelines adopted by the common council. These guidelines shall include standards regarding the location, design and operation of sidewalk dining areas.
7. LIMITATIONS. The commissioner of public works may only issue sidewalk area dining permits when the affiliated food or beverage establishment is a permitted use under the zoning regulations of the city. When the affiliated establishment is a special use under city zoning regulations, a sidewalk area dining facility may be permitted through special use procedures subject to applicable regulations of this section.
8. ASSOCIATED PERMITS. In order to construct and operate a sidewalk area dining facility, certain associated city permits or approvals may be required (e.g. building permit, extension of alcohol beverage premises license, health permit). Issuance of a sidewalk area dining permit does not alter the need to obtain any associated required permits.
Part 4. Section 245-4-28 of the code is created to read:
245-4. Permissible Projections and Encroachments.
28. Sidewalk area dining facilities when improved and operated as regulated in s. 115-32.6.
Part 5. Section 245-11-2 of the code is amended to read:
245-11. Permits and Fees.
2. Permits for the temporary occupancy and use of public thoroughfares, the cutting of street curbs, installation of driveways, >>the establishment of sidewalk area dining facilities<< and any construction therewith regulated in s. 245-4-20 >>,<<[[and]] 24 >>and 28<< shall be obtained [[in]] >>pursuant to<< ch. 115 and by rules, fees, regulations established by the commissioner of public works.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
ZDPT:
DFTR:
DPW
THM:gs
05/26/98
PERMITS.ORD
LRB98211.1
BJZ:bsw
6/5/98
-5-