ARTICLE XXVIII. SIDEWALK CAFES
26-1431 Sidewalk cafes defined.
As used in this article, a sidewalk cafe shall be any licensed restaurant that is permitted to use any portion of the public right-of-way for service of food and/or beverages in accordance with the provisions of this article. A sidewalk cafe may or may not be licensed to sell alcoholic beverages.
(Ord. No. 2028, § 1(8-201), 6-1-95)
26-1432 Sidewalk cafe agreement.
(a) In order to become a sidewalk cafe, a restaurant shall be required to enter into and sign a “sidewalk cafe agreement” with the city. Said agreement shall be signed by the legal entity that operates the restaurant and holds the liquor license, if any, for the premises. The agreement shall be in a form approved by the city attorney and shall be required to be renewed each year. The permit shall allow sidewalk service from April 15 through October 31 of each year. No sidewalk cafe agreement shall be signed by the city until it has been approved by the sidewalk cafe committee provided for herein.
(b) The improvements to be installed in the public right-of-way by a sidewalk cafe shall be in accordance with the agreement and be approved by the engineering division of the city. The improvements shall be removed at the end of each season as required by the agreement, or within ten days upon notice by the city requiring removal, or upon termination of the agreement. All costs and expenses of the improvements, removal of improvements, and restoration of the right-of-way shall be borne by the sidewalk cafe.
(c) All improvements installed pursuant to a sidewalk cafe agreement shall be in compliance with all building and fire code requirements prohibiting the obstruction of exits.
(d) All lighting in outdoor service areas shall be shielded downward and away from adjacent properties. No loudspeakers, music, or public address system or other sound amplification equipment shall be permitted that will generate noise that can be heard from adjacent properties. All such sound equipment shall be subject to the approval of the sidewalk cafe committee.
(e) The sidewalk cafe shall indemnify and hold harmless the city and its affiliated agencies and employees from any liability arising from the existence of the sidewalk cafe on the public right-of-way and will provide insurance protecting the city and the public from such claims as required by the agreement.
(Ord. No. 2028, § 1(8-202), 6-1-95)
26-1433 Fee and bond.
(a) When any sidewalk cafe agreement is approved, and annually thereafter before the permit is renewed, the sidewalk cafe shall pay a fee to the city in the amount of $100.00. No sidewalk cafe shall be permitted to begin operations each year until the fee is paid.
(b) In addition to the fee provided for above, the sidewalk cafe shall provide a cash or surety bond to the city in the amount of $300.00, which bond shall secure the payment to the city of any costs of removal of improvements or property of the sidewalk cafe that have been placed in the right-of-way, when the sidewalk cafe agreement is terminated or at the end of each season, or the costs of restoration of the right-of-way to its condition prior to the sidewalk cafe agreement, upon termination of the agreement or at the end of each season, if such removal and restoration is not completed by the sidewalk cafe in accordance with the agreement.
(Ord. No. 2028, § 1(8-203), 6-1-95; Ord. No. 2041, § 1(26-1417), 4-18-96)
26-1434 Sidewalk cafe committee.
(a) There is hereby created a sidewalk cafe committee which shall consist of a representative of the mayor’s office as designated by the mayor; a representative of the city council as designated by the council president; the city engineer or his/her representative; a representative of the Pontiac Growth Group designated by the director; a representative of the office of building and safety engineering designated by the director of community development; a representative of the office of strategic and land use planning as designated by the administrator; a representative of the fire marshal’s office as designated by the fire chief; and a representative of the police department as designated by the police chief.
(b) The sidewalk cafe committee shall promulgate standards for the installation of improvements in the right-of-way by sidewalk cafes, including the type of improvements to be permitted, the type of materials that may be utilized, and the methods of attachment of improvements to the right-of-way.
(c) The sidewalk cafe committee shall also approve and/or reject each application for a sidewalk cafe agreement, and no agreement shall be signed on behalf of the city until it has bean approved by the sidewalk cafe committee. In considering the approval or rejection of an application for a sidewalk cafe agreement, the sidewalk cafe committee shall not approve an application unless the applicant has shown it will comply with all the requirements of this article and other applicable laws and codes, and that the operation of the sidewalk cafe will not be detrimental to other adjacent uses of property.
(Ord. No. 2028, § 1(8-204), 6-1-95)