Creating Article X, Sidewalk Café Licenses
Sec. 74-260 Definition
Establishments holding a full service restaurant license from the State ofWisconsin may be eligible for a Sidewalk Cafe License to allow sidewalk café seating for service of food and beverages on the public sidewalk directly adjacent to the establishment.
Sec. 74-261 License required; application; approval and license fees
No person or establishment may operate a Sidewalk Café within the City without having secured a license from the City Clerk. Application for Sidewalk Café License shall be made in writing on the form prescribed by the City Clerk and must include a site plan drawn to scale and shall accurately describe the café area and furniture, and shall indicate the nature of fencing or other measures intended to provide control over the operation of the café seating area.
***The license period shall be January 1 – December 30 and the fee shall be $ XXX annually.
Sec. 74-262 Approvals
a) All applications must be approved by the Common Council, after recommendation for approval by the following Departments: Police, Fire, Health, and Building Inspection; and License & Fees Committee. Renewals will be approved by the Common Council with other applicable alcohol renewal applications.
b) In making their determination on whether or not to recommend approval of Sidewalk Café License, the License & Fees Committee shall, on a case-by-case basis, take into consideration public safety, size of the café area, location with respect to adjacent residential uses and neighborhood conditions, noise, parking, hours of operation, and security.
Sec. 74-263 Surface
a) The entire sidewalk surface for the proposed sidewalk café must be paved. For purposes of this section, a paved surface includes: concrete, asphalt, cement, brick, pavers, or other impervious surface. The appearance, lighting, signage, visual barriers must be reasonably compatible with the surrounding area and meet American with Disabilities Act requirements.
b) An establishment is not eligible if the café placement would present a safety hazard due to any other elements of the topography or layout of the sidewalk, regardless of the width or square footage of the adjacent public sidewalk, or would impede pedestrian traffic.
Sec. 74-264 Hours
All tables, chairs, barriers and other items relating to the sidewalk café may not be in place prior to 10:00 a.m. and must be removed by 10:00 p.m. nightly.
Sec. 74-265 Lease and Insurance requirements
A lease with the City of Superior and a certificate of commercial general liability insurance, in the amount of $1,000,000, designating the City of Superior as an additional insured for the licensed sidewalk cafe site, will be required.
Sec. 74-266 Alcohol Beverage Consumption at a Sidewalk Café
a) In the case of sidewalk cafes having an alcohol beverage license as outlined in Chapter 14, food service shall be required to be available at all times the sidewalk cafe is open. Consumption of alcohol beverages shall be limited to persons seated at tables in the sidewalk cafe site.
b) Each sidewalk cafe serving alcohol beverages shall be responsible for control of the area to be sure customers are of the legal drinking age and that alcohol beverages are not removed from the sidewalk café area.