HomeMy WebLinkAbout5747-01.16.2024Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703,
(319) 291-4323.
ORDINANCE NO. 5747
AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF
ORDINANCES BY ESTABLISHING A NEW ARTICLE G,
SIDEWALK CAFE, OF CHAPTER 4, BUSINESSES RELATING TO
SALES, OF TITLE 3, BUSINESS AND LICENSE REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS:
Section 1. That the City of Waterloo Code of Ordinances is hereby amended by establishing a new
Article G, Sidewalk Cafe, of Chapter 4, Businesses Relating to Sales, of Title 3, Business and License
Regulations, as follows:
TITLE 3 — BUSINESS AND LICENSE REGULATIONS
CHAPTER 4 — BUSINESSES RELATING TO SALES
ARTICLE G — SIDEWALK CAFE
3-4G-1: DEFINITIONS:
3-4G-2: PURPOSE:
3-4G-3: RIGHT TO LIMIT:
3-4G-4: PERMIT REQUIRED:
3-4G-5: WHERE AND WHEN PERMISSIBLE:
3-4G-6: APPLICATION FOR PERMIT:
3-4G-7: ISSUANCE OF PERMIT:
3-4G-8: TRANSFERABILITY OF PERMIT:
3-4G-9: INSURANCE:
3-4G-10: LITTER:
3-4G-11: RESTRICTIONS ON SMOKING AND ALCOHOLIC BEVERAGES:
3-4G-12: SIDEWALK CAFE REGULATIONS FOR OPERATION AND CONSTRUCTION:
3-4G-13: APPEAL:
3-4G-14: DENIAL, SUSPENSION, OR REVOCATION OF PERMIT:
3-4G-15: REMOVAL OF SIDEWALK CAFE:
3-4G-16: PENALTY:
3-4G-17: SEVERABILITY:
3-4G-1: DEFINITIONS:
A. Central Business District: The Central Business District shall include all properties in
downtown Waterloo as described in Section 2-2-1 of this Code.
B. Design Review: Materials used to define the perimeter of a sidewalk cafe in the Central
Business District shall be subject to the approval of the Engineering Department and the Main
Street Waterloo Redevelopment Authority, in accordance with Section 2-2-3 of this Code.
C. Establishment: A brick -and -mortar building located in the Central Business District selling
food to customers and is required by the State of Iowa to hold a food establishment license, or a
bar operating from a brick -and -mortar building in the Central Business District and is required
by the State of Iowa to have a liquor license.
D. Operator: The owner and/or employees of the establishment responsible for operating,
maintaining, and serving customers of the sidewalk cafe.
E. Sidewalk Cafe: Any group of tables and/or chairs, and its authorized decorative and
accessory devices and barriers, situated and maintained upon the public sidewalk for use in
connection with operating an establishment. The sidewalk cafe shall be attached and adjacent to
the establishment. Sidewalk cafes shall be constructed, maintained, and removed at the sole cost
and expense of the permittee.
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F. Permittee: Any individual, person, firm, corporation, partnership, or public entity and their
agents and employees, which have been issued a permit under this Article.
3-4G-2: PURPOSE:
This Article shall set forth regulations for any establishment operating a sidewalk cafe in the
Central Business District.
3-4G-3: RIGHT TO LIMIT:
The city council shall, by resolution, have the right to limit the number of sidewalk cafes allowed
in the Central Business District. An establishment may apply for a sidewalk cafe permit and a
parklet permit. The city reserves the right to limit or prohibit such combination for the purpose
of preserving public health and safety.
3-4G-4: PERMIT REQUIRED:
A. It shall be unlawful for any person to erect or operate a sidewalk cafe within the city without
first obtaining a permit from the city, and any other state or county permits, certifications, and
licenses that may be required to operate an establishment on a sidewalk cafe. A sidewalk cafe,
permitted and operated in accordance with this Article shall not be considered an obstruction of
the public right-of-way.
B. A permit for a sidewalk cafe shall be issued only to the permittee who shall include, jointly
and severally, (i) the operator of the establishment and (ii) the fee simple owner of the real
property upon which the establishment is located.
3-4G-5: WHERE AND WHEN PERMISSIBLE:
A sidewalk cafe regulated under this Article shall be permitted as follows:
1. Is located in the Central Business District.
2. Attached and adjacent to the establishment. If not attached and adjacent to the
establishment, the perimeter of the cafe shall be within five (5) feet of the facade of the
establishment.
3. Where the sidewalk cafe's operation is primary to and a part of the operation of its
adjacent establishment.
4. Provided the area in which the sidewalk cafe is located extends no farther along the
sidewalk's length than the actual sidewalk frontage of the establishment. The sidewalk
cafe may extend into the frontage of a neighboring establishment with written permission
from the neighboring deed holder and lessee of such deed holder. Such permission must
be obtained annually and provided to the city at the time of filing an application.
3-4G-6: APPLICATION FOR PERMIT:
A. Contents of Application: Applicants for a permit under this Article shall complete and submit
to the city clerk an application, fees, and supporting documentation, all of which shall include
but not be limited to the following information:
1. The name, phone number, and email address of the applicant.
2. The name, address, phone number, and email address of the establishment.
3. Proof of valid food service license(s) from the state and/or county health departments if
selling/handling food and/or beverages for human consumption. License number of current
liquor license.
4. Certificates of insurance and indemnification agreement as required in Section 3-4G-9 of
this Article.
5. A drawing showing the layout and dimensions of the proposed sidewalk cafe area,
including size and number of tables, seating, umbrellas, location of entries to the sidewalk
cafe. The drawing must also show the location of trees, sidewalk benches, trash receptacles,
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landscaping, utility boxes, fire hydrants, poles, and other sidewalk obstructions, either
existing or proposed, near the sidewalk cafe area.
6. Photographs, drawings, or manufacturer's brochures fully describing the appearance of all
proposed tables, chairs, umbrellas or other objects relating to the sidewalk cafe.
7. A plan for the maintenance and cleaning of the sidewalk cafe including the disposal of
any trash or debris generated from the operation and use of the sidewalk cafe by patrons of
the permittee.
8. A non-refundable application fee of fifty dollars ($50.00).
B. Filing: No application shall be accepted for filing and processing unless it conforms to the
requirements of this Article. This includes a complete and true application, all of the required
materials and information prescribed, and the appropriate application fee. If an applicant
submits a complete application for a sidewalk cafe and parklet to the city clerk, that conforms to
the requirements of this section, the non-refundable application fee for such applications filed
simultaneously shall be fifty dollars ($50.00).
C. Filing — New Application: An establishment filing an application for the first time may do so
at any time during the year. Fees for such applications and permits shall not be prorated. The
city clerk may charge an applicant a twenty -dollar ($20.00) fee for filing an incomplete
application.
D. Filing — Renewal Applications and Timely Filing: A renewal application must be filed with
the city clerk's office no later than February 1st of each year. The city reserves the right to reject
any application not filed in a timely manner. The city clerk may charge an applicant a twenty -
dollar ($20.00) fee for filing an incomplete application or for failing to timely file the
application.
E. Application Review: Upon receipt of the complete application as required by this Article, the
city clerk shall forward the application to the Fire Department, Building Department, Planning
and Zoning Department, Engineering Department, and Police Department for review and
approval or denial. If the applicant does not hold a liquor license, the police department is not
required to review the application. Following approval by city departments, the city clerk shall
forward the application to the Main Street Design Review Board for review and approval or
denial.
F. Approval or denial of a sidewalk cafe application shall be at the discretion of the city clerk.
Such discretion shall be exercised with due regard to public health, safety, and welfare
considerations. City departments may impose additional requirements in particular situations
when it is deemed to be necessary to ensure compliance with city ordinances public health,
safety, or welfare.
3-4G-7: ISSUANCE OF PERMIT:
A. If the city clerk finds the application is complete, fully executed, and made in conformance
with Section 3-4G-6 of this Article, the application fee and all outstanding fees owed to the city
are paid, and upon approval by all parties listed in Section 3-4G-6(E) of this Article, the city
clerk shall inform the applicant that a permit may be issued subject to payment of a non-
refundable permit fee. Permit fees for sidewalk cafes with a liquor license shall be one hundred
dollars ($100.00). Sidewalk cafes without a liquor license shall receive a permit at no cost. At
such time the applicant is issued a liquor license, if such issuance occurs during the permit
period, a permit fee of one hundred dollars ($100.00) shall be charged. The fees listed in this
section shall become effective on January 1, 2025.
B. Term of Permit: A permit shall be valid from April 1 through November 1.
C. Only responsible businesses will be allowed to renew. The city will determine if the business
responsibly managed its sidewalk cafe by the previous year's performance, calls for service, and
compliance with city codes.
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3-4G-8: TRANSFERABILITY OF PERMIT:
A permit issued under the provisions of this Article is not transferable in any situation to any
person and is only applicable to the person filing the application.
3-4G-9: INSURANCE:
A. All permittees shall provide proof of and maintain current commercial general liability
insurance having a minimum combined single limit of one million dollars ($1,000,000.00), and
Workers' Compensation coverage of no less than the statutory requirement. A certificate of
insurance shall be delivered to the city clerk prior to the issuance of a permit. The certificate of
insurance shall list the City of Waterloo and its elected and appointed officials, officers,
employees, and agents as named additional insureds on a primary and non-contributory basis,
including a waiver of subrogation in favor of city, against any liabilities that may arise in
connection with the operation of the sidewalk cafe.
B. Apart from and separate from any insurance required under this section, the permittee shall
agree in writing to indemnify, defend, and hold the City of Waterloo and its assignees and
employees harmless from all losses, damages, injuries, claims, demands, and expenses in a
manner resulting from or arising out of the permitted operation of the sidewalk cafe.
C. Permittees holding a liquor license shall be required to provide proof of dram shop insurance
covering the permitted sidewalk cafe area.
3-4G-10: LITTER:
The permittee shall be responsible for keeping the sidewalk cafe area free of trash or litter and
collecting and removing daily all garbage, litter, and other debris in its immediate vicinity.
3-4G-11: RESTRICTIONS ON SMOKING AND ALCOHOLIC BEVERAGES:
Operators shall enforce the following prohibitions or restrictions:
1. Smoking tobacco or using an electronic smoking device at a sidewalk cafe may be
permitted in accordance with the Iowa Smoke -Free Air Act.
2. Alcoholic beverages may be served at sidewalk cafes pursuant to a valid liquor
control license, and in accordance with state and local alcoholic beverage control laws,
provided the following requirements are met:
a. Patron entrance to and egress from the sidewalk cafe shall be controlled
by operators of the establishment, who shall monitor the sidewalk cafe during
times alcoholic beverages are being sold or consumed, and
b. No alcoholic beverages may be sold or served to patrons later than 2:00 a.m.
No person shall consume alcoholic beverages on the sidewalk cafe after 2:00
a.m., and
c. No person shall be permitted to consume any alcoholic beverages with the
sidewalk cafe that were not purchased on the premises, and
d. Operators shall ensure that no person loiters in the clear path of pedestrian
travel. Patrons may be in possession of an alcoholic beverage in the clear path of
pedestrian travel only for the purpose of moving to the sidewalk cafe from the
establishment or vice versa.
3-4G-12: SIDEWALK CAFE REGULATIONS FOR OPERATION AND CONSTRUCTION:
A. City departments listed in Section 3-4G-6(E) shall have the authority to develop policies and
standard requirements for sidewalk cafe design and construction in addition to regulations listed
in this Section or this Code, which shall be subject to approval by city council resolution.
B. The following regulations for operation and construction shall apply to all sidewalk cafes:
1. Date and Time of Operation: A sidewalk cafe may only operate from April 1 to
November 1. Sidewalk cafes shall not operate or allow patrons to congregate in the
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sidewalk cafe between the hours of 2:00 a.m. and 6:00 a.m. daily. If a sidewalk cafe is
not in operation for the entire permit period, the annual permit fee shall not be prorated or
refunded.
2. Location: All sidewalk cafes may be located on public right-of-way in the Central
Business District. Such area must be immediately adjacent and attached to the
establishment of which it is a part and provide a minimum of (5) feet of public right-of-
way available for pedestrian traffic.
3. Perimeter: Sidewalk Cafes shall be aesthetically separated on three sides. This separation
does not need to be of solid material but must provide an aesthetically pleasing separation
from surrounding uses as determined by the city and Main Street Design Review Board.
No portion of any object placed within the sidewalk cafe boundary shall extend onto the
adjacent pedestrian sidewalk, without first obtaining approval from the city.
4. Accessibility: The permittee shall have a continuing obligation of compliance with the
Americans with Disabilities Act, as the same may be amended from time to time.
Sidewalk cafes shall be accessible from the permitted premises to which it is attached and
shall not obstruct pedestrian accessibility on the public sidewalk around the sidewalk
cafe.
5. Occupancy: Sidewalk cafe occupancy shall be deteiiuined by the fire marshal, in
accordance with the International Fire Code.
6. Lighting: A Sidewalk Cafe shall be adequately lighted by use of non -obtrusive lighting,
which shall not be directed toward any residential use or the public street. Electrical
extension cords shall be safely secured in a manner that mitigates tripping or other
hazards.
7. Amplified Sound Equipment: Amplified sound equipment may be permitted in
accordance with the city noise ordinance.
8. Inspections: The city may inspect sidewalk cafes at least once per year outside of the
application process at the same time inspection of the adjacent permitted establishment
occurs. The city may, at its discretion, inspect a sidewalk cafe at any other time as
deemed necessary to ensure compliance with city ordinances. Sidewalk Cafes shall
comply with appropriate building, housing, and fire codes and with all other applicable
state and city statutes.
9. Design Changes: Any change to the perimeter of the sidewalk cafe during the duration of
the permit is subject to the approval of city departments and Main Street Design Review
Board.
10. Damage to Public Property: Permittee shall be required to replace or mitigate entirely at
permittee's expense, any damage to the public right-of-way, including existing trees,
plantings, etc., resulting from construction, installation, placement, operation,
maintenance or removal of the sidewalk cafe. If the permittee fails to make such repairs
when directed by the city, the city may make the repairs and the cost thereof shall be
assessed against the adjacent property.
11. Maintenance: Tables, chairs, umbrellas, and any objects accessory to the sidewalk cafe
shall be maintained in a clean and attractive appearance, shall be in good state of repair at
all times, and shall be maintained in accordance with the approved maintenance plan.
The sidewalk cafe shall be maintained in a neat and orderly appearance at all times and
the area shall be cleared of all debris on a periodic basis during the day, and again at the
close of each business day in compliance with the approved maintenance plan.
12. Table, Chair, and Umbrella Materials: Awnings, umbrellas, and other decorative material
accessory to the sidewalk cafe shall be fire retardant, pressure treated, or manufactured of
fire resistive material. Tables, seating, umbrellas, and any other items accessory to the
sidewalk cafe shall be of a quality design and lasting materials, and workmanship both to
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ensure the safety and convenience of the users and to be compatible with the uses in the
immediate vicinity of the sidewalk cafe.
13. Any sidewalk cafe with a permanent fence installed prior to the effective date of this
section that does not conform to the requirements of this Article shall be permitted to
remain in place. If the permanent fencing of the sidewalk cafe is removed, any such
replacement shall comply with this Article.
3-4G-13: APPEAL:
A decision by the city clerk to deny, suspend, or revoke a permit shall be issued by written notice
delivered by regular mail or electronic mail. A person may appeal a decision of the city clerk to
deny, suspend, or revoke a permit by filing a written appeal to the office of the city clerk within
fourteen (14) days of the date of the decision. An administrative fee of fifty dollars ($50.00) shall
be paid at the time the appeal is filed. Failure to timely file the appeal and pay the administrative
fee shall constitute a waiver of the right to a hearing, and the decision shall thereupon become
final. If the written appeal and administrative fee are filed in conformance with this section, a
hearing shall be scheduled and conducted pursuant to 3-4G-14(B).
3-4G-14: DENIAL, SUSPENSION, OR REVOCATION OF PERMIT:
A. Any permit applied for or issued under the provisions of this Article may be denied,
suspended, or revoked by the city clerk as follows:
1. Violation of any provision of this Article, any other section of this Code, or otherwise
conducting business in an unlawful manner
2. Fraud, misrepresentation, or false statements made in securing a permit and made in the
course of the applicant's business.
3. Failure to cooperate with reasonable requests of any official of the city.
4. Failure of any permittee to maintain the appropriate insurance, or county, state, and
federal licenses and permits, during the term of the permit.
5. Failure to pay on time any fee owed to the city.
6. Creating a public safety nuisance pursuant to Title 5, Chapter 5 of this code.
7. Failing to pass an inspection or remedy inspection violations in a timely manner.
B. Once a timely written appeal and administrative fee have been received at the office of the
city clerk, the city clerk shall cause a notice to be sent by ordinary mail to the applicant or
permittee at the address noted in the application. Said notice shall state that a hearing has been
set before the city council not more than thirty (30) days from the date of the notice. The notice
shall include the reason and grounds for the hearing, the date and time of the hearing, and the
place where the hearing will be conducted. Upon such hearing, if the city council determines
grounds do exist, it may uphold suspending revoking, or denying a permit.
C. Suspension: A suspension shall be for a minimum period of fourteen (14) calendar days. The
suspension shall commence either after the appeal period has expired or the day immediately
following the date of the hearing before the city council, at which time the permittee shall
immediately cease operation on the sidewalk cafe. During the suspension, the permittee shall not
conduct any business on the sidewalk cafe.
D. Revocation: The revocation shall commence either after the appeal period has expired or the
day immediately following the date of the hearing before the city council, at which time the
permittee shall immediately cease operation on the sidewalk cafe. If the permittee files an appeal,
such sidewalk cafe may remain in operation through the appeal process. If the permittee loses
the appeal, the permittee shall at its own expense, remove the sidewalk cafe within five (5)
calendar days of the date of the denial of the appeal. In the event such permit is revoked, no
sidewalk cafe permit shall be issued to the permittee for one (1) subsequent sidewalk cafe season
following the revocation.
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E. Liquor License: In the event of revocation, the city clerk shall notify the Iowa Alcoholic
Beverages Division. The permit holder may appeal the revocation to the Iowa Alcoholic
Beverages Division Hearing Board, pursuant to Section 123.32, Code of Iowa, or any other
applicable code section. Revocation or suspension of authorization by the city of operation of a
sidewalk cafe shall not affect the licensing of the principal establishment unless separate action
to suspend or revoke that license or permit is also initiated by the City Council.
3-4G-15: REMOVAL OF SIDEWALK CAFE:
The city reserves the right to require a sidewalk cafe to temporarily suspend or cease operation or
remove the sidewalk cafe for an emergency or any other reason so that the city may access
public right of way. The cost to remove and clean up a sidewalk cafe shall be at the permittee's
expense. In the event that city infrastructure causes damage to the sidewalk cafe, the city shall
not be liable for such damage. Sidewalk cafes shall be removed within five (5) business days of
the expiration of the permit. If the permittee fails to remove the sidewalk cafe when directed by
the city or within fourteen (14) days after the expiration of the permit, the city may remove the
sidewalk cafe and the cost thereof shall be assessed against the adjacent property.
3-4G-16: PENALTY:
Any person or establishment that violates any of the provisions of this Article shall be guilty of a
municipal infraction and fined as provided in subsection 1-3-2 of this Code.
3-4G-17: SEVERABILITY:
If any provision or clause of this Article or its application to any person or establishment in any
circumstances is held invalid, such invalidity shall not affect other provisions or applications of
this Article, which can be given effect without the invalid provision, or application, and to this
end, the provisions of this Article shall be severable.
INTRODUCED: January 16, 2024
PASSED 1st CONSIDERATION: January 16, 2024
PASSED 2nd CONSIDERATION: January 16, 2024
PASSED 3rd CONSIDERATION: January 16, 2024
PASSED AND ADOPTED this 16th day of January 2024.
Queft(Jz 9-(art
Quentin Hart, Mayor
ATTEST:
(elley Fefchfe
Kelley Felchle, City Clerk
SEAL
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