ORDINANCE NO. 170, 2ND SERIES & ORDINANCE NO. 171, 2ND SERIES

ORDINANCE NO. 170, 2ND SERIES

       AN ORDINANCE OF THE CITY OF WINDOM, MINNESOTA, AMENDING CITY
         CODE CHAPTER 95, ENTITLED “STREETS AND SIDEWALKS”, BY ADDING
                                        NEW SECTIONS ON “SIDEWALK CAFES”

THE CITY COUNCIL OF THE CITY OF WINDOM ORDAINS:

            WHEREAS, the City has received a proposal for installation of a sidewalk cafe on property situated around the Courthouse in the “Downtown Square”; and

            WHEREAS, City Code Section 95.11 sets forth the procedure through which an application can be made to the City to grant special permission for the use of on-street parking or public sidewalks for private use on terms and for compensation as the Council may deem just and equitable; and

            WHEREAS, it is necessary to adopt guidelines for permitting, installation and operation of sidewalk cafes; and

            WHEREAS, the Planning Commission has reviewed a proposed “Sidewalk Cafe” Ordinance and recommended its adoption by the City Council; and

WHEREAS, it is in the best interests of the citizens of Windom that Chapter 95, entitled “Streets and Sidewalks”, be amended to add new sections on “Sidewalk Cafes” as set forth herein.

            NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINDOM, MINNESOTA, ORDAINS: 

THE CITY CODE OF THE CITY OF WINDOM IS HEREBY AMENDED BY INSERTING THE FOLLOWING NEW SECTIONS IN CHAPTER 95:

“SIDEWALK CAFES”

  • 95.19 PURPOSE AND GOALS
  • The purpose of these sections is to establish guidelines for the design and location of both public and private sidewalk cafes. These guidelines will aid the City of Windom and the Windom City Council in determining whether or not to grant the private use of public streets and sidewalks as allowed in §95.11 of the Windom City Code. These sections will provide a formal mechanism and permit process for business owners to develop sidewalk cafes in the public right- of-way adjacent to their businesses.
  • The goals of these sections are to create an inviting environment that supports local arts and business in the Central Business District and promote properly designed sidewalk cafes that encourage community interaction and pedestrian traffic by creating a new urban streetscape.
  • 95.20 DEFINITIONS

DOWNTOWN SQUARE.  The immediate area which surrounds the Courthouse Square and specifically properties situated on Third and Fourth Avenues between Ninth and Tenth Streets and on Ninth and Tenth Streets between Third and Fourth Avenues. 

PRIVATE SIDEWALK CAFE.  An area adjacent to a business in the Downtown Square that provides outdoor seating in the public right-of-way only for use by the customers of that business.

PUBLIC RIGHT-OF-WAY.  The area on, below, or above a public sidewalk, any sidewalk extensions, bicycle lane, and the public street/roadway/highway.  For purposes of Sections 95.19 through 95.25, “public right-of-way” refers to the public sidewalk.

PUBLIC SIDEWALK CAFE.  An area in the public right-of-way in the Downtown Square that provides outdoor seating for the general public.

SIDEWALK EXTENSION.  An extension of the public sidewalk around a sidewalk cafe to provide free and unobstructed use of the public sidewalk.

  • 95.21 LOCATION

Sidewalk cafes must be located on a public sidewalk around the Downtown Square.  Sidewalk cafes must be situated a minimum of fifteen feet (15’) from a fire hydrant. Sidewalk extensions shall only occupy lawful parking spaces.

 

  • 95.22 SIDEWALK CAFE DESIGN AND MAINTENANCE
  • A Private Sidewalk Cafe shall be operated and maintained by the business it serves pursuant to the following provisions.
  • The sidewalk cafe must be adjacent and contiguous to the business it serves.
  • The sidewalk cafe must be accompanied by a sidewalk extension if it occupies the

majority of the sidewalk.

  • The sidewalk cafe shall not obstruct the sidewalk extension.
  • The sidewalk cafe must be delineated by approved materials that make it easily distinguishable from the public sidewalk.
  • Twenty percent (20%) of fixed seating must be accessible.
  • Tables, furniture, umbrellas and other fixtures must be suitable for outdoor use and maintained by the business served by the sidewalk cafe.
  • Businesses that intend to serve alcohol in a sidewalk cafe may only do so under the provisions of their liquor licenses and all other City of Windom codes and policies.
  • The owners of the property served by a sidewalk cafe shall be responsible for installation, maintenance and removal of the sidewalk extension as set forth in this Policy.
  • The owners of the property served by a sidewalk cafe shall be responsible for maintaining liability insurance in an amount acceptable to the City, which shall name the City as an additional insured, and shall hold the City harmless and indemnify the City from any damages to items situated in the sidewalk cafe or the sidewalk extension area; any damages to the sidewalk or adjacent parking spaces caused by the installation, placement or removal of the sidewalk cafe or sidewalk extension; and any injuries to the business owners, employees, patrons, or the general public incurred in the sidewalk cafe or in the sidewalk extension area.
  • The City Council may impose any additional conditions it deems necessary in the interest of the public health, safety and welfare at the time of initial approval or any renewal of the permit for a sidewalk cafe. The conditions set forth allowing the sidewalk cafe shall be reviewed during the annual renewal period.
  • Public Sidewalk Cafes (public outdoor seating areas adjacent to City property) in the Downtown Square will be governed under the same provisions, but will only occupy the public right-of-way adjacent to City-owned property. The City of Windom will construct, install, remove and maintain the sidewalk extensions associated with a public sidewalk cafe.

 

  • 95.23 SIDEWALK EXTENSION DESIGN
  • Sidewalk extensions shall provide free and unobstructed use of the public sidewalk around a sidewalk cafe. Sidewalk extensions shall be built, installed, removed and maintained by the owners of the property adjacent to the sidewalk cafe according to the following provisions.
  • Sidewalk extensions may occupy no more than three (3) diagonal or one (1) parallel parking space(s).
  • Design and building materials must be adequate to support the weight of pedestrians using the extension. The sidewalk extension shall not shift, buckle or otherwise move under normal use.
  • The floor surface of the sidewalk extension shall be stable, firm, and slip resistant. Openings in floor surfaces shall not be more than one-half inch (1/2”) wide.
  • The sidewalk extension must be level across and flush with the existing sidewalk at both points of entry.
  • The sidewalk extension must include a traffic control barrier that encompasses the entire exterior boundary of the sidewalk extension, is a minimum of three feet (3’) high, and includes reflective material on all sides exposed to traffic.
  • Sidewalk extensions that are placed in diagonal parking spaces shall include approved reflective “No Parking” signs to discourage parking in the remainder of the parking area between the sidewalk extension and the street.
  • The sidewalk extension shall provide at least four feet (4’) of clear unobstructed travel space between the sidewalk cafe and traffic control barriers.
  • The sidewalk extension shall be a maximum of eight feet (8’) wide including traffic control barriers.
  • The sidewalk extension shall not prohibit the adequate drainage of storm water in the existing street.
  • Sidewalk extensions shall be prohibited between October 1st and May 1st. The City reserves the right to change the permitted dates based on emergency or weather-related conditions.
  • 95.24 ANNUAL RENEWAL

Any permitted sidewalk cafe shall be deemed annual and, as such, will be required to apply for a permit annually. No expectation shall be assumed by the permit holder that the sidewalk cafe permit will be renewed.

  • 95.25 PERMIT REQUIRED
  • The following information, at a minimum, must be submitted to the Windom Development Department for the consideration of a sidewalk cafe permit. The Windom Development Department may request additional information necessary to determine if the proposed sidewalk cafe meets all requirements. The Permit Application will then be submitted to the City Council for final approval and authorization to issue the permit.  In the event that an application is denied, the permit fee will be refunded to the applicant.
  • Fully-completed permit application.
  • Permit Fees (to be established by City Council Resolution).
  • Site plan detailing location and size of sidewalk cafe and sidewalk extension.
  • Design plan detailing building materials for sidewalk extension, traffic control barrier and sidewalk cafe barrier.
  • Floor plan that includes: (a) the amount of seating, (b) arrangement of tables, chairs and any other furniture or fixtures, and (c) the type of furniture and any other fixtures proposed on the sidewalk cafe.
  • Certificate of liability insurance that includes the coverage for the proposed sidewalk cafe and sidewalk extension listing the City of Windom as an additional insured.
  • All other property owners on the same block (fronting the Courthouse Square) will be notified of the proposed sidewalk cafe by First Class U. S. Mail at least fourteen (14) calendar days prior to the City Council Meeting at which the proposal will be considered and will have an opportunity to express their comments prior to City Council action on the proposal.
  • Permits issued under the provisions of this policy are not assignable or transferable in any situation and are applicable only to the person filing the application.

 

                     * * * * * * * * * * * * * * * * * * * * * * * * * *

THE CITY COUNCIL OF THE CITY OF WINDOM, MINNESOTA, FURTHER ORDAINS:

This ordinance, or an approved Title and Summary of this ordinance, shall be published in the COTTONWOOD COUNTY CITIZEN and this ordinance shall be effective immediately upon publication. 

            ADOPTED AND PASSED by the City Council of the City of Windom, Minnesota, this 5th day of June, 2018.

 

   ______________________________________________

                                                               Dominic Jones, Mayor

 

ATTEST:

 

_____________________________________
Steven Nasby, City Administrator
                                                 

 

1st Reading:     May 15, 2018 

2nd Reading:    June 5, 2018   

Adoption:        June 5, 2018      

Published:       June 13, 2018

_______________________________________________

ORDINANCE NO. 171, 2ND SERIES

       AN ORDINANCE OF THE CITY OF WINDOM, MINNESOTA, AMENDING CITY
          CODE CHAPTER 118, ENTITLED “ALCOHOLIC BEVERAGES”, BY ADDING
   NEW SECTIONS ON “OUTDOOR SALES/SERVICE OF ALCOHOLIC BEVERAGES”

THE CITY COUNCIL OF THE CITY OF WINDOM ORDAINS:

            WHEREAS, the City has received requests for clarification of the regulations concerning the sales and service of alcoholic beverages in outdoor areas which are contiguous to an establishment that is licensed to sell/serve alcoholic beverages to the public; and

            WHEREAS, City Code Chapter 118 sets forth the regulations and licensing requirements concerning the sales and service of alcoholic beverages in the City of Windom; and

            WHEREAS, it is necessary to adopt guidelines for sales and service of alcoholic beverages in outdoor areas owned by individuals/establishments that are licensed for the sales/service of beer, wine and/or liquor; and

            WHEREAS, the Planning Commission has reviewed a proposed “Outdoor Sales/Service of Alcoholic Beverages” Ordinance and recommended its adoption by the City Council; and

WHEREAS, it is in the best interests of the citizens of Windom that Chapter 118, entitled “Alcoholic Beverages”, be amended to add new sections on “Outdoor Sales/Service of Alcoholic Beverages” as set forth herein.

            NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINDOM, MINNESOTA, ORDAINS: 

THE CITY CODE OF THE CITY OF WINDOM IS HEREBY AMENDED BY INSERTING THE FOLLOWING NEW SECTIONS IN CHAPTER 118:

“OUTDOOR SALES/SERVICE OF ALCOHOLIC BEVERAGES”

  • 118.050 DEFINITIONS

LICENSE ENDORSEMENT.  An endorsement to an on-sale Beer, Wine and/or Liquor License issued by the City which allows for the sales and service of beer, wine and/or liquor in outdoor areas.

OUTDOOR AREA.  An area that is compact and contiguous to the principal structure owned by the person(s) or establishment named as the licensee for the Beer, Wine and/or Liquor License issued by the City. 

SIDEWALK CAFE.  Sidewalk cafes are permitted in the Downtown Square.  See City Code Section 95.20 for definitions and City Code Sections 95.19 through 95.25 for regulations for sidewalk cafes. 

  • 118.051 LICENSE REQUIRED

 Any person or establishment that intends to offer sales and service of beer, wine and/or liquor in an outdoor area shall obtain an endorsement on its on-sale beer, wine and/or liquor license(s) from the City permitting such sales and service.  The licensee must declare its intention to provide outdoor sales and services in its annual license application(s).     

  • 118.052 REQUIREMENTS FOR SALES AND SERVICE IN OUTDOOR AREAS

    (A)  A person or establishment that is granted an endorsement from the City of Windom for the sales/service of any alcoholic beverage in an outdoor area shall comply with the following requirements:
  • Time of Sales and Service. The outdoor area in which alcohol will be served or consumed shall only be open during the hours set forth in City Code Sections 118.041, 118.045, and 118.049 pursuant to the on-sale license issued to the person(s)/establishment.
  • Location and Barrier. The outdoor area shall be compact and contiguous to the principal building and shall be defined by the use of a barrier around the entire perimeter of the outdoor area.  A barrier may include, but is not limited to, vegetative screening, fences (according to Sections 152.420 thru 152.428 of this Code), or railings.  Fences, railings and similar structures must create an effective barrier between a height of six inches and thirty six inches (at a minimum) above grade level. Permitted sidewalk cafes in the Downtown Square shall install a continuous barrier of vegetative screening, fences, or railings around the perimeter of the sidewalk cafe. This barrier shall be a minimum of 36” in height and delineate the sidewalk cafe from the public sidewalk.  (See City Code Sections 95.20 through 95.25 for additional requirements for sidewalk cafes and sidewalk extensions.)
  • The primary access and egress to/from the outdoor area shall be from the main premise (building) and no other access or egress openings will be allowed, except those required for emergency exits. Permitted sidewalk cafes in the Downtown Square may be allowed to have one gateway access from the sidewalk adjacent to their main business entrance.  Patrons shall not leave the premises, the outdoor area, or the sidewalk cafe with a drink nor can drinks be taken onto a public sidewalk.
  • A manager shall be assigned the responsibility of supervising the activities of the outdoor area at all times the outdoor area is in operation.
  • Waste Collection. Adequate garbage receptacles shall be provided for the outdoor 
  • Outdoor area facilities, barriers and furniture shall be suitable for outdoor use, secured, and maintained by the business served by the outdoor area.
  • Amplification: The use of amplification is allowed pursuant to an event amplification permit issued by the City. Amplification of the outdoor area shall be governed by the provisions of Sections 90.20, 90.23 and 90.26 of the Windom City Code and any other permit requirements.  Background music that does not disturb the peace of the surrounding area is permitted during hours when service of alcoholic beverages is permitted.
  • Non-smoking: The use of the outdoor area shall be in compliance with state no smoking regulations. Smoking may be allowed in the outdoor area, provided it is in compliance with the Minnesota “Freedom to Breathe Act of 2007”.
  • Compliance: The endorsement to the licensee’s licenses for the outdoor area shall be approved on a provisional basis. The Council may revoke, suspend or decline to renew the endorsement for the outdoor area portion of the licensed premises on the grounds of failure to comply with the conditions outlined in this ordinance or other local or state laws.
  • Liability Insurance: The outdoor area must be included in the required liquor liability insurance for the premises.  The licensees shall hold the City harmless and indemnify the City from any damages or injuries incurred in connection with the installation, use, or removal of the outdoor area. 
  • Additional Conditions: The City Council may impose any additional conditions it deems necessary in the interest of the public health, safety and welfare at the time of initial approval or any renewal of the endorsement for an outdoor area. The conditions set forth allowing the outdoor area shall be reviewed during the annual renewal period.
  • 118.053 FAILURE TO COMPLY.

Failure to comply with the provisions of these sections or any other applicable provisions of local, State, or Federal law may result in the suspension or revocation of the outdoor sales/service endorsement.  Additional violations may result in suspension or revocation of the licensee’s beer, wine and/or liquor license(s).

  • 118.054 NO EXPECTATION OF RENEWAL.

Any endorsement issued for outdoor sales/service of beer, wine and/or liquor shall be deemed annual and as such, no expectation shall be assumed by the licensee that the endorsement for outdoor sales/service will be renewed.

                     * * * * * * * * * * * * * * * * * * * * * * * * * *

THE CITY COUNCIL OF THE CITY OF WINDOM, MINNESOTA, FURTHER ORDAINS:

This ordinance, or an approved Title and Summary of this ordinance, shall be published in the COTTONWOOD COUNTY CITIZEN and this ordinance shall be effective immediately upon publication. 

            ADOPTED AND PASSED by the City Council of the City of Windom, Minnesota, this 5th day of June, 2018.

 

   ______________________________________________

                                                               Dominic Jones, Mayor

 

ATTEST:

_____________________________________

Steven Nasby, City Administrator

1st Reading:     May 15, 2018 

2nd Reading:    June 5, 2018   

Adoption:        June 5, 2018      

Published:       June 13, 2018