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HomeMy WebLinkAboutOrdinance No. 4467 Ordinance amending RCO Chapter 9-8 relating to Sidewalk Cafes ORDINANCE NO___________ AN ORDINANCE AMENDING THE TITLE OF CHAPTER 9-8, AMENDING SECTIONS 9-8-1, 9-8-2, 9-8-3, 9-8-4, 9-8-5, 9-8-6 AND CREATING SECTIONS 9-8-7, 9-8-8, 9-8-9, 9-8-10, AND 9-8- 11 OF TITLE 9 OF THE ROCHESTER CODE OF ORDINANCES RELATING TO SIDEWALK CAFES. THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS: Section 1. Title Chapter 9-8 of Title 9 of the Rochester Code of Ordinances is hereby amended to read as follows: CHAPTER 9-8. SIDEWALK CAFES, STREET CAFES, AND PARKLETS Section 2. Section 9-8-1 of Chapter 9-8 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 9-8-1. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Parklet. A space in the public right-of-way temporarily dedicated for recreational use and open to the public which utilizes a structure including, typically, platform/decking, walls (barrier to traffic) and seating, located in the parking lane and used as an expansion of the existing sidewalk where the public can relax and enjoy the urban environment. Amenities such as planters, lighting, shade features, and public art may also be present. Parklet/Café Structure. A construction located in a public right of way for the purpose of delineating and accommodating space for occupancy, consisting of at least a platform, sidewalls, and accessible entrance but also typically including seating, tables, shade covering, lighting and other decorative, comfort and safety features. Sponsor. Business or organization that is responsible for the space. The sponsor shall be the applicant and permit holder, insurance provider (if required), and responsible for upkeep and maintenance of the space. When there is a "structure," the sponsor is responsible for assuring its adequate construction, appropriate use, maintenance, and ultimately removal. Sidewalk Café. Located within the public right-of-way on sidewalks and/or boulevards for the use of adjacent businesses that serve food and beverage. These spaces provide tables and chairs for patrons and are typically defined by stanchions to separate them from the pedestrian corridor. Street Café. Located within the public right-of-way, typically in parking lanes and utilizing a structure including, typically, platform/decking, walls (traffic barrier), and seating for the use of an adjacent business that serves food and beverage. Section 3. Section 9-8-2 of Chapter 9-8 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 9-8-2. – Permit required. Any establishment in the city which is licensed by the county health department to sell food for consumption on designated premises may apply to the city council by and through the city clerk's office for a special permit to conduct a portion of such licensed business on a sidewalk café, street café, parklet or by use of a vending cart on the part of the public way immediately adjoining the licensed premises. Such permit shall be valid for a three-year two-year period beginning January 1 2008 May 1, 2022 and thereafter, or a prorated portion thereof for a permit issued after the beginning of the two three-year period. Section 4. Section 9-8-3 of Chapter 9-8 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 9-8-3. – Restrictions. (a) Each permit issued pursuant to this chapter shall specify the area in which such cafe may be operated. No sale or service shall be permitted in any portion of the street designated for vehicular travel. (b) The permit does not authorize any structure to be permanently installed or any equipment to be permanently attached to, in, or upon any public right-of-way, unless specifically stated in the renewal. (c) Sidewalks will be required to be swept and washed daily by the permit holder, and trash disposal and electricity will be provided from within the establishment. (d) A scaled diagram will be required to be submitted with information as requested on the application., including, but not limited to, the dimension of the sidewalk cafe area, position of tables, fixtures, any object to be placed on the sidewalk and the width of the sidewalk remaining for pedestrian use. In the case of establishments holding licenses for on-sale liquor, this diagram will be considered an expansion of the previously designated premises to sell liquor. The city will supply a base plan of the sidewalk area adjacent to the business to assist the applicant in preparing the scaled drawing for the proposed sidewalk cafe. Design requirements and submittal information for sidewalk cafés, street cafés, and parklets are contained within the City of Rochester Parklet and Street Café Policy. 2 (e) Any requests for sidewalk café permits for establishments adjoining the downtown pedestrian plaza will be limited to placement of vending carts or tables immediately adjacent to their premises unless otherwise approved by the city, provided that a minimum of five feet of sidewalk width remains for pedestrians. Specific models of furnishings or designs may be required for these areas. The placement of tables in the right-of-way adjacent to their premises beyond the width of a typical sidewalk width (ten inches to 13 inches) is prohibited. (f) Except as provided herein, no permit shall authorize a sidewalk café, street café, or parklet at any location prohibited by state law or this Code. (g) Except as provided herein, the ownership, operation, and maintenance of a sidewalk café, street café, or parklet shall be subject to all applicable laws, ordinances, and regulations. (h) No sidewalk cafe permit shall be issued to any establishment holding an on-sale liquor, wine, or beer license located within 200 feet of a residentially-zoned district, the measurement to be made from the nearest portion of the sidewalk café, to the nearest boundary of the residentially-zoned district. (ih) No sidewalk café, street café, or parklet permit can be transferred to new ownership without permission of the common council. a new application is filed with the city. Section 5. Section 9-8-4 of Chapter 9-8 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 9-8-4. – Permit procedure. (a) An applicant for a permit under this chapter shall file his their application therefor with the city council on forms provided by the city clerk. (b) The city clerk shall also notify the relevant departments the public works department, the police department, city administration and the county health department, of such application, and they shall each report to the city clerk and make such recommendation as they deem appropriate. (c) The recommendation of these departments, including the recommended minimum unobstructed sidewalk width necessary for pedestrian traffic on such application, shall be reported to the city council for its action. considered prior to any approvals. Section 6. Section 9-8-5 of Chapter 9-8 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 9-8-5. – Insurance. (a) No permit authorized by this chapter shall be effective until the applicant therefore has filed with the city clerk evidence of insurance insuring the applicant against liability imposed by law arising out of the ownership, maintenance, or operation of such sidewalk cafe in amounts established by resolution of the common council. The 3 city shall be named as an additional named insured in the policy providing such insurance. Such policy shall further provide that it may not be canceled except upon ten days' written notice filed with the city clerk. No permit authorized by this article shall be effective until the applicant therefor has filed with the licensing official of insurance insuring the applicant against liability imposed by law arising out of the ownership, maintenance or operation of such sidewalk café, street café or parklet in amounts of at least fifty thousand dollars ($50,000.00) for the injury or death of one (1) person, three hundred thousand dollars ($300,000.00) for the injury or death of two (2) or more persons, and ten thousand dollars ($10,000.00) for damage to property. The city shall be named as an additional named insured in the policy providing such insurance, and such policy shall further provide that it may not be canceled except upon ten (10) days written notice filed with the city clerk. (b) No permit issued pursuant to the provisions of this chapter shall be valid at any time the insurance required herein is not maintained and evidence of its continuance filed yearly with the city clerk. Section 7. Section 9-8-6 of Chapter 9-8 of the Rochester Code of Ordinances is hereby amended to read as follows: Sec. 9-8-6. – Permit suspension and revocation. (a) Any special permit authorized by this chapter may be suspended or revoked at any time by the city council when it appears that adequate grounds exit exist. Any such permit may be suspended by the city council for such period as the city council shall determine. (b) Upon the conviction of the permittee, his agent, servant, or employee for the violation of any city ordinance or state law in connections with the ownership, maintenance, or operation of such sidewalk cafe, street café, or parklet, the permit therefor shall automatically become suspended, which suspension shall continue until the council has acted thereon. Section 8. Section 9-8-7 of Chapter 9-8 of the Rochester Code of Ordinances is hereby created to read as follows: Sec. 9-8-7. – Right of Appeal. If the city denies, refuses, or fails to register the applicant or issue a permit, or if registration or the permit is suspended or revoked, the applicant, permittee, business, or registrant may appeal that determination by filing a written notice of appeal with the city clerk within ten days after the city's determination. If the notice of appeal is not filed within ten days, the right of appeal is terminated. A timely appeal from a suspension or revocation shall not stay the suspension or revocation. 4 Section 9. Section 9-8-8 of Chapter 9-8 of the Rochester Code of Ordinances is hereby created to read as follows: Sec. 9-8-8. – Hearing; hearing officer. (a) The city clerk, or designee, the city attorney, or designee, a member of the public works department, a member of the community development department, and the president of the common council shall act as the hearing officers and shall have authority to hear appeals from the following actions of the city: (1) The denial, refusal, or failure to register an applicant or issue a permit. (2) The revocation of a registration or permit. (3) The suspension of a registration or permit. (b) The hearing officers may receive all evidence and hear witnesses on matters germane to the appeal. The hearing officers shall afford the registrant, permittee, business, or applicant making the appeal an opportunity to present evidence, cross- examine witnesses, and be heard. The hearing officers may affirm, modify, or reverse the city's action. (c) Any person or business aggrieved by the hearing officer's determination may appeal to the common council. An appeal to the common council shall be taken within ten days from the hearing officer's decision by filing with the city clerk a notice of appeal. The matter shall be placed on the common council's scheduled meeting agenda for a public hearing. The common council may affirm, modify, or reverse the hearing officer's decision. If the notice of appeal is not filed within ten days, the right to appeal is terminated. Section 10. Section 9-8-9 of Chapter 9-8 of the Rochester Code of Ordinances is hereby created to read as follows: Sec. 9-8-9. – Manner of giving notice. All notices to be given to an applicant, permittee, business, or registrant under this chapter shall be given either by personal service or by mail to the address for service of notices as shown on the application form. Service by mail shall be deemed complete on the date of mailing and shall be conclusively presumed that notice by mail was received by the applicant, permittee, or registrant, and the failure of the applicant, permittee, or registrant to receive such notice shall not invalidate the action taken pursuant to such notice. Section 11. Section 9-8-10 of Chapter 9-8 of the Rochester Code of Ordinances is hereby created to read as follows: 5 Sec. 9-8-10. – Notice of hearing. Notice of any hearing involving the registrant, permittee, or the applicant shall be given by the city clerk in writing, setting forth specifically the purpose, time, and place of the hearing. Such notice shall be sent to the registrant, permittee, business, or applicant at least five days prior to the date set for hearing or shall be personally served at least three days prior to the date set for hearing. Section 12. Section 9-8-11 of Chapter 9-8 of the Rochester Code of Ordinances is hereby created to read as follows: Sec. 9-8-11. – Permit fees. The permit fee shall be listed as part of the annual fee schedule adopted by the Common Council. be $100.00 for every three-year period or a prorated portion thereof should the permit be issued after January 1 of the three-year period. Section 13. This ordinance shall become effective from and after its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2022. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord20/9-8.SidewalkCafe.docx 6