Loading...
HomeMy WebLinkAbout2005-467-05.23.2005 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2005-467 RESOLUTION ADOPTING GUIDELINES FOR OUTDOOR CAFES . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following guidelines are hereby adopted: Definitions 1 . Permanent Outdoor Café : Outdoor Cafe area that will be open and in use longer than fourteen (14) days between April 1 and October 31 in any calendar year. The Outdoor Cafes shall be attached and adjacent to an establishment covered under an existing beer or alcohol license or permit and food permit . Outdoor Cafes must be associated with an establishment which receives over fifty percent (50%) of its revenue from the sale of food and is rated RS-11 (Restaurant with Liquor) by the Black Hawk County Health Department . Permanent Outdoor Cafes 1 . All permanent Outdoor Cafes may be located on private property or public right-of-way. Such area must be immediately adjacent and attached to the licensed establishment of which it is a part and provide five (5) feet of public right-of-way available for pedestrian traffic . 2 . Outdoor Cafes shall be aesthetically separated on all sides . This barrier does not need to be of solid material, but must provide an aesthetically pleasing separation from surrounding uses . 3 . Outdoor Cafes shall be accessible from the licensed premises which it is attached. 4 . Occupancy in an Outdoor Café shall not exceed one (1) person per ten (10) square feet of floor area accessible to the public . 5 . Outdoor Cafes shall be permitted only in those zones which permit such a use . Outdoor Cafes located within two hundred fifty (250) feet of any lot used for residential purposes shall cease operation at 10 : 00 p.m. Sunday through Tuesday and at 11 : 00 p.m. Friday and Saturday. This regulation does not apply to the "C-3" Central Business District zoning classification. 6 . An Outdoor Cafe shall be adequately lighted by use of non-obtrusive lighting, which shall not be directed toward any residential use . 7 . Amplified sound equipment in an Outdoor Café shall not be permitted. Compliance with the City noise ordinance shall be required. 8 . Adequate hard surfaced parking shall be provided as required by the Waterloo Zoning Ordinance, Ordinance No. 2479, as amended. Resolution 2005-467 Page 2 9 . Outdoor Cafes shall comply with appropriate building, housing and fire codes and with all other applicable State and City statutes . 10 . The City shall inspect Outdoor Cafes at least once per year, at the same time inspection of the adjacent licensed establishment occurs . The City may, at its discretion, inspect an Outdoor Café at any other time when it feels necessary. 11 . Outdoor Cafes shall only be open for use between April 1 and October 31 of each year. In the event an Outdoor Café will not be open for the entire period, the annual permit fee will not be prorated to the actual use period of the Outdoor Café . 12 . Annual Permit Fee for all Outdoor Cafes shall be Twenty-Five Dollars ($25 . 00) . 13 . All Outdoor Café Permits shall expire on March 31st of each year. 14 . Approval or disapproval of an Outdoor Cafe application shall be at the discretion of the City Council . Such discretion shall be exercised with due regard to public health, safety and welfare considerations . The City Council may impose additional requirements in particular situations, when it is deemed to be necessary. 15 . Applications for the approval of an Outdoor Cafe shall include all required information and be submitted prior to April 1st of each year. Such application shall be submitted to the City Clerk at least ten (10) days prior to the date it is to be considered by the City Council . Outdoor Cafe Permits shall be subject to the same annual renewal requirements as all beer and liquor licenses . In addition, each Outdoor Café permit renewal will go before the City Council for approval . Public comments will be allowed concerning the renewal of an Outdoor Café Permit . Only responsible businesses will be allowed to renew. The City Council will determine if the business responsibly managed its Outdoor Café, by the previous year' s performance and citizen input . The establishment must also obtain insurance to adequately insure the Outdoor Café . The insurance coverage shall be the same as that covering the adjacent establishment . 16 . The City may, after notice to the license or permit holder and a reasonable opportunity for hearing, revoke or suspend authorization for the operation of an Outdoor Café for any establishment where excessive noise or other problems, as determined by the City, result directly from the operation of the Outdoor Café . Such a revocation or suspension proceeding shall be initiated by the City Council . The City Clerk shall notify the license or permit holder by written notice of hearing, as well as a copy of said complaint, at least ten (10) days prior to the date set for hearing. The hearing shall be before the City Council and open to the public . In the event of revocation, the City Clerk shall notify the Iowa Beer and Liquor Control Department . The license or permit holder may appeal the revocation to the Iowa Beer and Liquor Control Department Hearing Board, pursuant to Section 123 . 32 , Code of Iowa. Revocation or suspension of authorization by the City of operation of an Outdoor Café shall not affect the licensing of the principal 2esolution 2005-467 Page 3 establishment, unless separate action to suspend or revoke that license or permit is also initiated by the City Council . = 17 . Upon submitting an application for an Outdoor Café, the applicant shall provide the name and address of the owner of each abutting business or property as well as every other property which is within two hundred (200) feet of applicant' s premises . The City will then notify those businesses and property owners by letter of the nature of the application and the date and time when it will appear on the City Council agenda for approval by the City Council, so that the property owners will have an c opportunity to comment on the application. ru 18 . In the event that there is a change of ownership, the '(° Outdoor Café use shall be permitted to continue, provided that the usage is continuous . 19 . These regulations are established by Resolution of the City Council and may be amended, from time to time, by further action of the City Council . PASSED AND ADOPTED this 23rd day of May, 2005 . Tim Hurley, or ATTEST: Nancy Ecke , CMC City Clerk