HomeMy WebLinkAbout1987-165-04.13.1987 RESOLUTION NO. 1987-165
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 Cafe: Outdoor service 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.
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. Permanent Outdoor Cafes shall not be located in the required
front yard of any licensed establishment, as regulated by the Zoning
Ordinance.
3. Outdoor Cafes shall be aesthetically separated on all sides.
This barrier does not need to be of solid material , but must provide an
aesthetical ly pleasing separation from surrounding uses.
4. Outdoor Cafes shall be accessible from the licensed premises
which it is attached .
5 . Occupancy in an Outdoor Cafe shall not exceed one (1) person
per ten (10) square feet of floor area accessible to the public.
6. 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 Thursday and at 11:00 P.M. Friday and Saturday.
This regulation does not apply to the "C-3" Central Business District
zoning classification.
7. An Outdoor Cafe shall be adequately lighted by use of
non-obtrusive lighting, which shall not be directed toward any residential
use.
8. Amplified sound equipment in an Outdoor Cafe shall not be
permitted. Compliance with the City noise ordinance shall be required.
Additional advertising or identification signage beyond that permitted for
the main licensed establishment shall be permitted, but approved by the
City Council .
9. Adequate hard surfaced parking shall be provided as required by
the Waterloo Zoning Ordinance No. 2479, as amended.
10. Outdoor Cafes shall comply with appropri ate building , housing
and fire codes and with all other applicable State and City statutes.
11. 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 Cafe at any other time
when it feels necessary.
12. Outdoor Cafes shall only be open for use between April 1 and
October 31 of each year. In the event an Outdoor Cafe will not be open
for the entire period, the annual permit fee will not be prorated to the
actual use period of the Outdoor Cafe.
RESOLUTION NO. 1987-165
Page Two
13. Annual Permit Fee for all Outdoor Cafes shall be Twenty-Five
Dollars ($25.00).
14. All Outdoor Cafe Permits shall expire on March 31st of each
year.
15 . 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
oCity Council may also impose additional requirements in particular
situations, when it is determined to be necessary.
16. 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/Auditor at least ten
m g (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
— c Cafe permit renewal will go before the City Council for approval . Public
comments will be allowed concerning the renewal of an Outdoor Cafe Permit.
c ;` Only responsible businesses will be allowed to renew. The City Council
will determine if the business responsibly managed its Outdoor Cafe, by
L, m the previous year's performance and citizen input. The establishment must
also obtain insurance to adequately insure the Outdoor Cafe. The
insurance coverage shall be the same as that covering the adjacent
rc establishment.
ry c
17. 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 Cafe for any establishment where excessive
noise or other problems, as determined by the City, result directly from
• the operation of the Outdoor Cafe. Such a revocation or suspension
proceeding shall be initiated by the City Council . Written notice of
hearing , as well as a copy of said complaint, shall be served upon the
license or permit holder, 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 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 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 .
18. Upon submitting an application for an Outdoor Cafe, 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 busineses 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 opportunity to comment on the application.
19 . In the event that there is a change of ownership, the Outdoor
Cafe use shall be permitted to continue, provided that the usage is
continuous.
20. 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 13th day of April , 1987.
j_e•-",..1,, 1,42/1 1. 7(4.44
Bernard L. McKinley, Mayor/
ATTEST:
�'�Lrry PW/I. Burger, �k/AurTi for
(7,
al-'8t1 .011 $OITUJ0% Al
owT sp c:
9vf9-yJn9wT sd f fsd2 231-53 "ioobtuO l fb "tOf 99' tfririsi f6unnA .FI
.(oo.asn 2"161- foa
dose to f218 rbi6M no e"rigxe f fbd2 2t1.17ie 9f5 i "roobfuO f fA .1i
.159y
ed I f6d2 nCf t63f qo 9f6 J loobtu0 n5 'to fsvo"rgg62 i b 'io 1svc^tggA . �x
b92 f019X9 sd ; 16 f12 not+9132 it dare . r f of'uoO vt f� sdt fc fle t 1321E grit t6
�dT .2uto ts-febf2ne3 91stf9w bits yi91-62 erit's911 3rfduq at byspsi Sub dtrw
761uDft"r5q ni• 2fi19m91fup9'1 f6noUibb6 92ogmf 0216 ';YS,Y Ir3nuo3 y f3 crni,
.Y16229391) ed Of benfrrrfetsb 2f t 119rJlk' ,2noftsuff2 or
sbuf3ni• f 1662 9Y53 -foobtu() n, c fsvvc qcw 9dt 101' 2nort5of fggA .8I
.1b9y d369 to 12I ff"tgA et ^roriq bsft'rnidu2 3d bus noftsfi^rotnf bs"tfupe^r f f6
n9t t25.4 16 iofrbuA A^19f0 v,tr3 9df of f ettfmdu2 sd f f5(2 net t53f fc!.;6 1:ra no
. fbn1.1o0 yff3 edt v,d be^rsbf2no3 ed of 2i tf etsb sdt of "rof"rg 2ysb (01) N
fsws^e1 fsunn6 9162 9111 of t3e[;du2 9d f 5ft2 2fhr 19q 91'S7) 1oob1u0 ,-1
'toobJu0 doss ,nefti-bb6 nI .292(193ff i01.10-f bns '199d f r , g
3 f f duq . fsvo'rgg6 ^ref f f onuo3 vt f J s;it slotted op FIN f6° neti f hmrreq sts3
.t frms9 9153 ^toobtu0 ns fo f6w.3n91 sdf p'1rn193noo b=_wof fs sd I f fw 2t119fr1ro3
ffbnuop ytr`) 5dT .w9n9.1 of bswof f6 f ffw 29229nfaud 3 fdrr2nog29"
yd cets3 ^toobtui) 2tf bepbnssn yf di- 2110(129'1 22911f21.1d Brit ' f 9nfm19t9b ilk P
I2um to ^it 2 f i db f29 sriT .tugn f n9s f f i`3 bnb 53n61n^re isq 2'"r59y 2uo ve d oils N
sill s -50 ,cobtu0 sr1J 91un'2 yfstsupeb6 of '3nf�'11 2nf nfbtdo 021€
rb
10935[,b5 grit pnf19V03 f6dJ 26 m62 9141 sd [ Isr z 931161U2n1
.to sfrifl2 f"f d6 f 2 9 a,
o crt
bits isbfod Iirmsq 10 92neafi sd of s3i• ton is f5 eybfn yt1*0 sr3T
lot not. bnsg2u2 "10 9..1OV97 ,prth59f? lot 't'rnutcogeo Bidfici02591 5
}Vi-2a93x9 9190.41 tnsmi2 if d6t2s yps 'lot 91-63 1eobJu0 n5 10 nci•J6"eqo 9d1
111011. XiiDEl rh 141291 e1�tf.' sdf yd benffrnetsb 2:6 ,2meFdo"fq "fSdf0 -Ic 92i-on D
nOr 2ne4eu2 ^'0 noft63ove^f s d3u:' .91-63 loobJu0 9dt o notfsisgo 9df rn
10 931-son nstff'1W . ffbriuo3 Ytf.? 91it Vd bstsf fnf 9d ff5d2 Cnfb99D0iq+ )
sdt n odu b9V192 ed I f5d2 etn f b fgm33 bi.sc f0 y,qe3 6 2s f f sw 26 , efi f'Yb9f1
"io-- Js2 stab silt of ^oily 2y3b (01) nez f259f t6 e"rsbfori ff1T119q io 92n931-f
90' of nsgo bns fr3nuo0 yff0 9r'`'' e" Cfed sd f [Brie pni•^rssd sciT , rr'hss1
Y998 .1W01 sdt \ Oil f fsl2 u.tf3 9ds eii0rf530VD1 tc 1119V5 sit fli .oi fduq
Le egos ysr" nebIoil tfrmeq is 92t193if sill .3isnitisgsa follno3 toupfJ bns
nnf^tSsH tngi= -^r5c1s( fo7:-no0 ioupr J bn.6 1998 6woi sdf nt noiJ5DOV9'I 9iLt
nOf 2n9geu2 10 no 30V9P .swol .-0 9bo') ,S ..ESI nott392 of f1151.327uq eb1609
ton ff.5d2 sfsi 1oobtu0 as to nofts'1ego Ic ytf:) sdt yd noi-tssf•lodtu6 to
9J57s0,s2 22sfnu efnsitria ff d6t29 fsgf n'-rd sdt to put 2n33f f grit J33fI6
d bef6ftfnf 02f5 2f Ifm'isa "r0 92n93if : s'+t 9>10V91 ^ro lmsgeu2 of not tab
`f3nuoJ vtf? grit
9d. e9I-63 "ioobfu0 n6 10f noft63ffog6 us pniftfndue noqU .81
pnfttuds doss to "tsnwo snit to 2291bbs bns srfisn 9rlf sbfvo^rcr 116112 fn53i fgq.6
owl nfdstw 2i. rioidw y.t"rego"fq "tprto y'isve es f f9w 25 yf19a0 iq nc 229ufe1.id
y.ffton nsriJ fffw ytf0 sdT .222fm91q 2'fnsoifggs to test (00S) be"rbuud
Brit to 9-ruts n sdJ to letter y,d e19frwO y,krego^fq bus 292911f 2ud sect,
f f 3nuo3 y.J i0 srli- no "r€ r.ids f f f f f i• nsriw emit bus etsb aril bns not t53f f qgs
f f fw 215nwo y$"reuo^rq 9df $ iLt o2 e f fonuoJ 01-0 sdt yd fsvo qqr lot 6bnsr,6
.no.f53�fgr,5 erif no fnsfnmo3 of vffnus"(oggc n5 _ysd
"toobtu0 sdt .gfrla-fsnwo to 9pn5d3 b 2f u"rsdt t5d tn=_sV9 erl1 rtT .Pf
�.i spseu crif tsdf bsbfvo-ki esurtitno3 of be$ffm-(0o Ltd Hsi'? seLi 9f53
.2 UOun f:M03
yt`f3 grit io notfufo2951 yd b9d2ffd612e 916 4n0f35fu[ei e29dT .OS
edt to nor336 "rstir-fuI yi ,smf1 Ot ewiJ m0"fi `behrt m6 ed vsm bus fi3nuo
. f f3nu03 xi"fJ
.tBpl e ff^rgA fu ysb rt£I 7fdt bstgobs bus bse26q
'^roy6Mi eys fn f u3^ . i L-Y6n^ra8
:T2 TTA
"fo3 rb UP,\>11 \(,J "r9p"fUa \.9 y"r^r5J
•
,_i