NUMB:
970486
VERS:
ORIGINAL
REF:
960455
XXBY:
THE CHAIR
TITL:
Resolution to grant a special privilege to Russell Davis, d/b/a Cafe' Vecchio Mondo for a sidewalk cafe' at 1137 North Old World Third Street, in the 4th Aldermanic District in the City of Milwaukee. (Infrastructure Services)
ANLS:
- Analysis -
This resolution grants permission to Russell Davis, d/b/a Cafe' Vecchio Mondo, for a sidewalk cafe' in front of the cafe' at 1137 North Old World Third Street. This resolution clarifies the hours of operation for the sidewalk cafe'.
BODY:
Whereas, Cafe' Vecchio Mondo, 1137 North Old World Third Street, has established outdoor seating on private property adjacent to their building; and
Whereas, The applicant also desired to place 24-inch X 30-inch tables with chairs thereby establishing a sidewalk cafe' area in the public right-of-way on the west side of North Old World Third Street, adjacent to the premises at 1137 North Old World Third Street known as Cafe' Vecchio Mondo; and
Whereas, Placement of these items within the public right-of-way can only be allowed through the adoption of a special privilege resolution by the Common Council; and
Whereas, Common Council Resolution File Number 960455 was adopted to grant this permission; and
Whereas, The grantee recently brought to our attention that the hours of operation specified in the said resolution are not reflective of the intended hours of operation;
now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 960455, adopted on September 24, 1996, is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Russell Davis, d/b/a Cafe' Vecchio Mondo, 1137 North Old World Third Street, Milwaukee, WI, 53203 is hereby granted the following special privilege:
To establish, use and maintain a sidewalk cafe' area within the west sidewalk area of North Old World Third Street adjacent to the cafe' at 1137 North Old World Third Street. Said cafe' area shall be limited to occupy an area extending a maximum distance of 2 feet into the 12-foot wide fully concrete paved public sidewalk area. Said area shall begin at a point approximately 111 feet south of the southline of West Juneau Avenue and extend south approximately 69 feet in length.
Said tables and chairs shall be removed from the public right-of-way during nonbusiness hours. No business transactions shall take place within the public right-of-way.
The area about the sidewalk cafe' shall be kept clean by the cafe' personnel to the satisfaction of the Commissioner of Health.
Said cafe' shall be operated and maintained to the satisfaction of the Commissioners of Public Works, Building Inspection and Health; however, required permits shall be procured prior to operation of the facilities. Any permission and licenses that are required specifically pertaining to the sale of intoxicating liquor, wine and fermented malt beverages shall be obtained prior to beginning that type of activity. The cafe' area may be operated during normal business hours [or as otherwise restricted by the Local Alderman.] Violation of the City's Noise ordinances or other verifiable conduct infractions may result in restriction of operating hours or revocation of this privilege.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Russell Davis, d/b/a Cafe' Vecchio Mondo, shall:
1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
2. File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $1,000.00 such bond to be approved by the City Attorney. The applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 covering property damage to any one owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be canceled until after at least thirty days' notice in writing to the City Clerk.
3. Pay to the City Treasurer an annual fee which has an initial amount of $51.75. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
4. Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works any curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
5. Waive the right to contest in any manner the validity of Section 66.045 of the Wisconsin Statutes (1979), or the amount of the annual fixed fee, payable on or before July 1st of each year.
6. Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
June 23, 1997
960455
CATTlution, revocation of said
special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
June 23, 1997
960455
CATT