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Council Communication

Title:	Second reading of a sidewalk cafe ordinance regarding use of sidewalks and public rights-of-way.  Adoption of a fee resolution regarding sidewalk cafes.
Dept:	Department of Community Development Public Works Department
Date:	April 2, 2002
Submitted By:	John McLaughlin, Director of Community Development Paula Brown, Public Works Director
Reviewed By:	Greg Scoles, City Administrator

Synopsis:	The Council approved first reading of this ordinance at their March 19, 2002 meeting. A request was made to modify the permit renewal process to allow for flexibility to either attach additional conditions deemed necessary or to possibly deny a renewal. Section 6.44.090 was modified to clarify renewals, and allow the Public Works Director to approve, approve with additional conditions, or deny the renewal request. The Council requested that Staff coordinate with the Parks Department on the issuance of sidewalk cafe permits and restaurant permits for Calle Guanajuato. After discussion with the Parks Department, it was determined that attempting to combine the permitting processes would not result in an increase in efficiency, but may in fact make it more cumbersome for Calle Guanajuato restaurants to obtain approvals. While it would appear that having one department responsible for outdoor dining permits would be more straightforward, it must be remembered that even if Public Works were to issue the permits, there would have to be a review by the Parks Department. Further, the Parks Commission has established different standards for the Calle than we have created for sidewalks, due to the fact that they are very different places. Attempting to combine the standards and processes became more confusing than streamlined. Finally, the Parks Department has established a smooth and effective process for the issuance and renewal of permits with the restaurants using Calle Guanajuato and it does not appear appropriate to disrupt that process or those prior agreements. It should be noted that enforcement for both the Calle restaurants and the sidewalk cafes will be provided the City police department, utilizing CAP officers or park partrol.
Recommendation:	Staff recommends that Council approve second reading of the sidewalk cafe ordinance. Further, we recommend the Council adopt the resolution establishing fees for the application for a sidewalk cafe and the annual permit.
Fiscal Impact:	It is projected that additional staff time will be necessary to administer a sidewalk cafe ordinance. The proposed fee schedule is as follows: Application Fee: $250 Annual Permit Fee: $ 30/seat, mimimum of $100 After the initial application is approved, only annual renewals of the permit would be required. No application fee would be required for a renewal, however the annual permit fee would be required at the time of renewal application. A fee resolution has also been prepared for adoption by the Council, based on the recommendations above.

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ORDINANCE NO.

AN ORDINANCE ADDING CHAPTER 6.44 TO THE ASHLAND MUNICIPAL
CODE REGULATING SIDEWALK CAFES

Annotated to show deletions and additions to the ordinance since it was first read at the council meeting on March 19, 2002. Deletions are lined through and additions are underlined.

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

SECTION 1. Chapter 6.44 is added to the Ashland Municipal Code and shall read:

Chapter 6.44

SIDEWALK CAFES

Sections:

6.44.010  Purpose
6.44.020  Permit Required
6.44.030  Definitions
6.44.040  Application and Permit Fees
6.44.050  Permit Application
6.44.060  Notice Required
6.44.070  Location Rules and Review Criteria
6.44.080  Liability and Insurance
6.44.090  Forms and Conditions of Permit
6.44.100  Denial, Revocation, or Suspension of Permit
6.44.110  Penalties

6.44.010 Purpose. The purpose of this chapter is to permit and encourage sidewalk dining that is compatible with other uses of the public sidewalk. The City finds that sidewalk cafes encourage a pedestrian-oriented environment, help to create a visually attractive atmosphere and streetscape, and promote overall commerce.

6.44.020 Permit Required. Private commercial use of public sidewalks for the purpose of operating a sidewalk cafe in the City is prohibited unless a permit is obtained from the Public Works Department as provided in this chapter.

6.44.03O Definitions.

A. Abutting property owners and occupants. Any owner or occupant of property which abuts the subject sidewalk cafe site excluding public right-of-way and any other personwho has requested in writing to be provided such notice.

B. Adjacent sidewalk area. That portion of the public sidewalk between the curb line and the property line demarcated by extending the side building lines of the premises until they intersect the curb.

C. Operate a sidewalk cafe. Serving food or beverage from a restaurant to patrons seated at tables located within the adjacent sidewalk area, including, in the case of a permittee in possession of a valid license for the sale of alcohol beverages covering such sidewalk, the service of such beverages, or providing seating for patrons in the adjacent sidewalk area.

6.44.040 Application and Permit Fees. The application and annual permit fees shall be established by resolution of the City Council and adjusted annually by the CPI for the previous calendar year.

6.44.050 Permit Application.

A. Application for a permit to operate a sidewalk cafe shall be made at the Public Works Department on a form provided. The request for permit shall minimally contain:

1. A completed application;

2. A scale diagram of the area for sidewalk cafe use, with dimensions shown;

3. A certificate of insurance and endorsement form; and

4. The location and description of the tables and materials requested to be in the right-of-way.

B.  Other information shall be provided as required by the Public Works Director to carry out the purpose of this chapter.

6.44.060 Notice Required. Prior to rendering a decision, the Public Works Director shall mail abutting property owners and occupants notice that an application for a sidewalk cafe has been filed. The notice shall contain a copy of the diagram submitted by the applicant, state whether or not the business is licensed to serve alcoholic beverages which may be served and consumed at the sidewalk cafe if the permit is granted, and state that all comments concerning the proposed sidewalk cafe must be received by the Public Works Department within 15 calendar days from the date of mailing the notice. The applicant shall also be required to post a copy of the public notice in a readily visible location on the frontage of the applying business establishment for 15 calendar days.

6.44.070 Location Rules and Review Criteria.

A.The Public Works Director shall review the application for its compliance with the following criteria:

1. The operation of a sidewalk cafe is limited to structures which are sited within ten feet of a public sidewalk, and which are located in one of the following zoning districts: C-1-D (Commercial Downtown), C-1 (Commercial),or E-1 (Employment).

2. The operation of a sidewalk cafe shall be located such that there is at least six feet clear and unobstructed passageway between the sidewalk cafe tables, chairs and barriers and street trees, bike racks, lamp posts, sign posts, and any other fixtures or obstructions. The Public Works Director may require more than six feet if necessary to protect the public safety. The Public Works Director may also reduce this requirement where unusual circumstances exist and where public safety would not be jeopardized.

3. The sidewalk cafe may only be located in the adjacent sidewalk area to the applicant's business, but may extend in front of adjacent businesses with the written consent of both the property owner and the business owner, subject to review by the Public Works Director.

4. The sidewalk cafe shall be located five feet from driveways and alleys, and ten feet from intersections. These requirements may be modified by the Public Works Director where unusual circumstances exist.

5. The location of the sidewalk cafe shall be as approved by the Public Works Director.

B. The Public Works Director shall forward all applications for review by the Police Chief for any business who holds a valid liquor license, or in which alcoholic beverages are intended to be served.

1. The Police Chief upon review of the application will sign the application for concurrence with granting the permit, or;

2. Submit a memorandum of concerns to the Public Works Director for consideration.

C. The Public Works Director shall forward all applications for review by the Director of Community Development. The Director shall determine the zoning of the request, and determine whether the proposed use is in conformance with the requirements of the Land Use Ordinance.

6.44.080 Liability and Insurance. Prior to the issuance of permit, Permittee shall:

A. Furnish a signed statement, with the application, that the permittee shall defend, indemnify and hold harmless the City, its officers and employees, from any claims for damages to property or injury to persons which may occur in connection with an activity carried on under the terms of the permit.

B. Furnish and maintain such public liability, food products liability, liquor liability and property damages insurance as will protect permittee and City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than the amount of municipal tort liability under the Oregon Tort Claims Act. Such insurance shall be without prejudice to coverage otherwise existing, and shall name the City, its officers and employees, as additional insureds, and shall further provide that the policy shall not terminate or be canceled prior to the expiration of the permit without 30 days written notice to the City.

6.44.090 Forms and Conditions of Permit.

A. Requirements for all sidewalk cafes:

1. Each permit issued shall terminate December 31st of the year in which it is issued. Requests for renewals shall be filed with the Public Works Department after January 1. The Public Works Director may approve, approve with additional conditions, or deny the request for renewal. No application fee shall be required for renewals. An annual permit fee based on the number of seats authorized is due at the time of the initial application and each renewal.

2. The permit issued shall be personal to the permittee only and is not transferable in any manner.

3. The permit may be temporarily suspended by the Public Works Director if the public interest requires use of the right-of-way for a public event, construction, repair, or any other purpose.

4. The permit is specifically limited to the area approved or as modified by the Public Works Director, and will include a diagram indicating the area approved for the sidewalk cafb and the location of the tables and materials permitted to be in the right-of-way.

5. The operation of the sidewalk cafe shall be such that there is at least six feet from the outermost edge of the sidewalk cafe to the street curb, that also includes a minimum of five feet clear and unobstructed passageway between the sidewalk cafb tables, chairs and barders and street trees, bike racks, lamp posts, sign posts, and any other fixtures or obstructions. The Public Works Director may require increased clearance distances if necessary to protect the public safety. The Public Works Director may also reduce these requirement where unusual circumstances exist and where public safety would not be jeopardized.

6. The sidewalk and all things placed there shall at all times be maintained in a clean and orderly condition. Only those things authorized by the permit and shown on the diagram may be stored in the public right-of-way when the sidewalk cafe is not in operation. Should the permittee not utilize the sidewalk as authorized for a pedod of 48 hours or more, all the tables and materials shall be removed therefrom.

7. The operation of a sidewalk cafe requires that trash containers be provided on site.

8. All required building modifications or parking improvements shall be completed prior to the commencement of the operation of the sidewalk cafe.

9. No signs shall be attached to any furniture, umbrellas, awnings, or other structure related to the operation of the sidewalk cafe.

10. Smoking shall not be allowed in approved sidewalk cafe areas.

11. Sidewalk cafes shall be continuously supervised by employees of the establishment.

12. Sidewalk cafes shall meet all requirements of the Jackson County Health Department.

13. Tables, chairs, and other structures associated with the sidewalk cafe shall be kept free of litter and other debris at all times.

14. Sidewalk cafes and adjoining sidewalks shall remain clear of litter, food scraps, and soiled dishes at all times. Where establishments provide take-out or self-service, an adequate number of employees must be maintained to clear sidewalk cafes on a regular basis. Sidewalk and flooring areas must be cleaned daily, including adjacent sidewalk areas.

15. The sidewalk cafe permit must be visibly displayed during business hours.

16. The City of Ashland has the right to repeal or amend this Chapter and thereby terminate or modify all sidewalk cafe operations. No permittee shall obtain any property right in the continued private commercial use of the public sidewalk.

B. Businesses which intend to serve alcoholic beverages at the sidewalk cafe must meet the following additional requirements:

1. The business shall hold a valid Oregon Liquor Control Commission liquor license.

2. Storage of containers commonly used for dispensing alcoholic beverages to customers including but not limited to bottles, pitchers, and carafes must be kept inside the business unless an employee is stationed in the outside area at all times. No taps, kegs, coolers, or other alcoholic beverage storage devices are allowed outside on the sidewalk.

3. Sidewalk cafes where alcoholic beverages are served and consumed require supervision by employees of the license business, as required by the Oregon Liquor Control Commission liquor license.

4. All service and consumption of alcoholic beverages at sidewalk cafes shall discontinue by 11 p.m.

5. All alcoholic beverage service providers must also provide food service in the licensed area.

6.44.100 Denial, Revocation, or Suspension of Permit

A. The Public Works Director may deny, revoke, or suspend the permit upon finding that any provision of this chapter or condition of approval will be or has been violated.

B. Upon denial, revocation, or suspension the Public Works Director shall give notice of such action to the applicant or permittee in writing stating the action which has been taken and the reason therefor. The action shall be effective immediately, but the applicant or permittee may make written request, within 10 calendar days after the notice is issued, for a hearing by the City Council. Upon hearing the matter, the City Council shall render a final decision concerning the permit.

6.44.110 Penalties. Any violation of this chapter shall be an infraction as defined by AMC 1.08.020. and punishable by a fine as set forth in that section. The City Administrator or designee is authorized to issue a citation to any person violating the provisions of this chapter. After two infractions, the sidewalk cafb permit shall be revoked for a period of at least one year.

The foregoing ordinance was first read by title only in accordance with Article X,

Section 2(C) of the City Charter on the __ day of _____, 2002,

and duly PASSED and ADOPTED this __ day of _____, 2002.
Barbara M. Christensen, City Recorder

SIGNED and APPROVED this __ day of ____, 2002.
Alan W. DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

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RESOLUTION NO. 2002-

A RESOLUTION ESTABLISHING FEES FOR
SIDEWALK CAFES

Recitals:

A. The city's sidewalk ordinance codified in Ashland Municipal Code Chapter 6.44 provides, in section 6.44.040 that application and permit fees shall be established by resolution of the council.

B. Such fees are established by the city for the purpose of assuring that the city's current and ongoing costs of granting and regulating private access to, and the use of, public rights-of-way are fully compensated by the persons seeking such access and causing such costs. The fees are designed to secure fair and reasonable compensation to the city and its residents for permitting private use of the public right of way.

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. The application fee for a permit to operate a sidewalk cafb shall be $250. No application fee shall be charged for any renewal.

SECTION 2. The annual permit fee for a sidewalk cafe shall be $30 per seat with a minimum fee of $100.

SECTION 3. The annual permit fee shall be adjusted in July of each year, except for July 2002, by the CPI for the previous calendar year.

SECTION 4. This resolution takes effect upon signing by the Mayor.

This resolution was read by title only in accordance with Ashland Municipal Code

§2.04.090 duly PASSED and ADOPTED this __ day of _________,2002.
Barbara Christensen, City Recorder

SIGNED and APPROVED this __ day of_______,2002.
Alan W. DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

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