§ 6.34.040. Sidewalk cafes.

Outdoor premises may be located on public sidewalks, subject to approval by the common council. In addition to the requirements listed as [Section] 6.34.030, Requirements, of this chapter, sidewalk cafes shall comply with the following requirements:

A.

Sidewalk cafes may be permitted only on properties located in B-1 Central Business zoning districts as that term is defined in Chapter 20, Zoning. Notwithstanding the requirements of Subsection 6.34.030(4) of this chapter, the barrier surrounding the sidewalk cafe shall be no lower than two feet nor higher than three feet.

B.

Sidewalk cafes shall be limited to those licensees who derive more than fifty percent of their gross business revenue from the sale of food.

C.

Liability insurance naming the city as an unrestricted additional insured on the sidewalk cafe owner's insurance policy for the licensed sidewalk cafe site will be required, including insurance to cover liquor liability, to the extent specified by and on forms approved by the city attorney's office.

D.

Each sidewalk cafe serving alcohol beverages shall be responsible for policing the area of the sidewalk cafe to be sure that customers are of the legal drinking age and that alcohol beverages are not removed from the premises. All service in the sidewalk cafe (beverage and food) shall stop no later than ten-thirty p.m.

(Ord. No. 1367, 6-8-2010; Ord. No. 1370, 8-23-2010)