HomeMy WebLinkAbout1994-06 Amending Section 1200 and 1230 Permitting Sidewalk CafesO INANCE NO.
AN ORDINANCE AMENDING
OF THE CITY CODE TO PEI
'ION 1200 AND
SIDEWALK CA
THE CITY COUNCIL OF THE CITY OF EDIN k ORDAINS:
Section 1. Subd. 2 of Subsection 1200.02 0 Section 1200 of
amended by adding a new paragraph Q as follows:
"Q. Sidewalk cafes as denned by Section 1 3 .O1 of this Code s
issued pursuant to Subsection 1230.07 of th' ode."
Section 2. Subsection 12 0.01 of Section 230 of the City C
g
addin a new definition as follow+::
"Sidewalk Cafe. Tables,hairs, benches an ppurtenant equi
sidewalk (i) for the excl4ve use by patron; of an abutting fo
defined by Section 720 of this Code or ii) w iere the service of i
offered to persons using s ch tables, chairs, and benches."
Section 3. Paragraph O of Subsection 1230 0� of Section 1230
amended to read as follows: I i
"O. Consume intoxicating or non-intoxica dng malt liquor,
liquor, as defined in Section 900 of this Co e# except that:
1. Non -intoxicating malt liquor and "ne which is dispe
by an authorized agent of the Ci ay be consume
applicable provisions of this Code an ubject to the rule
the Park Director 0ursuant to Subse on 1230.06 in the
a. Inside the clubhouse of a J01f course.
the City Code is
ubiect to a veimit
is amende by
[it located on a
stablishmeas
or I's is
f the City Code is
ie, or intoxicating
sed by the Ci or
subject to er
and regulatio s of
b. Inside aprogrammed park r indoor recreational facility
a park, e,' Cept picnic shelfs, warming houses, ice
maintenance buildings.
c. Within the ballfield comp]
2. Non -intoxicating malt liquor, in
consumed at sidewalk cafes which ar
of this code and which are authi
Subsection 1230.07 of this Code."
1
of Van Valkenbuk Park.
.ng malt liquo , and wine
;ed in accordai ice with Sec
by a permit issued pur:
in
or
y be
i 900
it to
Section 4. Paragraph R of Subsection 1230.
g
amended to read as follows:
"R. Park or occupy a vehicle or occupy a str
or any other product or property, or for cond
except as provided in Subsection 1230.07 of
Section 5. Section 1230 o the City Code i
1230.07 as follows:
"1230.07. Special Permits, for Pushcarts an
requirements of this Section 1230, certain pu
on sidewalks subject to tht requirements of
Subd. 1. Pushcarts. Pushcarts, as define
located on sidewalks within the area .lu
entitled, "50th and France) Commercial Are
to a permit issued pursuant to this Subdivi 4
A. In addition to the requirements of Sect
issued for a pushcart unless the following r
1. The pushcart must be licensed i
Code.
2. The applicant for a permit must
or take-out food license, pursuant o
establishment located in the 50th a d
3. The pushcart shall not exceed 8 e
in height.
4. The pushcart shall be equipped
movement.
5. The pushcart 'shall be equippe with facilities for
generated by the jpushcart.
B. In addition to the requirements of ection 720 of this
requirements shall apply to the operation i pushcarts:
1. Pushcarts shall be parked on pu lic sidewalks and v
locations specified in the permit.
2. Pushcarts shall be stored indoor following the close
2
of Section 1230 of the City
is
t or sidewalk to seA
any farm prod
ice
cting any business o
selling of sery
ces
his Code."
amended by addin
a new subsec
'on
Sidewalk Cafes.
twithstanding
the
carts and sidewalk
afes are permitted
this Subsection.
by Section 720 of
his Code, ma
be
ed in the plan pre
ared by the IJRA
Flan" dated Decem
er 3, 1974, su
ject
} 160 of this Code no permit sh 1 be
uirements are me:
accordance with ection 720 ol this
gess a valid food a tablishment li
Section 720 of th s Code, for a
France commercial area.
in length, 4 feetlin width, and $ feet
casters or
to permit e4se of
disposal of I trash
the
only inj those
business each day.
3. Only food or beverages for immediate consumption rn be offered
the pushcart.
4. Cleaning, servicing, and maintn
only in an area approved by the Sai
C. Permits issued pursuant to this Subdii
calendar year. i
D. The number of permits which may be
time shall not exceed six. i
Subd. 2 Sidewalk Cafes. Sidewalk cafes n
permit issued by the City Manager pursuan
sidewalk cafe permit shall� be made on form
a plan drawn to scale why ch illustrates the
cafe together with distances and dimension:
the distance to and location of the travelled
obstructions in the vicinity. The applicati,
forth in Section 185 of this Code. If the a
less $100 shall be returned to the applican
A. In addition to the reuirements of Sect
issued or renewed for a tewalk cafe unle
1. The applicant must possess a va
Section 720 of this Code.
2. A distance of at least 200 feet
point of the sidewalk cafe to the nes
purposes. i
3. The applicant must furnish to
insurance has been procured for an
ownership, maintenance, or operati,
than $100,000 for injury to or deat
incident, and notl less than $50,000
one incident. T'he applicant shall
times during theterm of the pe
additional nameinsured in the p<
4. The applicant ishall indemnify an
employees harmless from any loss,
the use, design, operation, or main
3
of the pushcart
shall expire
(force under this
i be located on sid
b this Subdivision.
applied by the Cle
act location of the
' the adjoining buil
►rtion of the street
shall be accomp
be
March 31 of
bd. 1. at any
ewalks subject
Applications
rk and shall inc
proposed side
dings, the sides
and distances 1
nied by the fe
.ication is denied the a
►a
r
de
all
set
fee
n 160 of this Cod el, no permit sh ll be
,the following req irements are et:
food establishment license pursu4nt to
be maintained etween then crest
point of properq used for resid ntial
be Clerk, evidence
that public li
ility
death or personal i
'ury arising fro
the
a bf the sidewalk ca
in amounts n
t less
of one person, or
300,000 for an
one
or damage to prop
rty arising froi ri
any
maintain such insu ance
in effect
tall
nit. The City sh
11 be named is
an
icy providing such i
surance.
hold the City and
)st, damage and e
:nance of the side
City's officis and
nses arising ut of
c cafe.
5. The area occupied by the side
as part of the food establishment
sidewalk cafe shall) adjoin any
establishment.
6. The City Manager shall find that
the safe usage of thsidewalk by the
location of obstru tions, vehicular
passage of pedestri ns. The City n
finding that the operation of the sic
of this Subdivision and did not con
1035 of this Code.
B. In addition to the requirements of S
requirements shall apply to the operation c
1. Only food orb�verages for imm
sale.
2. Intoxicating or neon -intoxicating in
if the sidewalk cafe is licensed purse
3. No expansion of the area occupi(
on the permit application shall be ir
4. No tables, chaff Is, furnishings, pla
be placed or remain on the sidewalk
on a day to day bast is when the sides
5. The applicant (shall maintain thi
condition as requi{ed by Section 72(
6. The applicant shall promptly reply
or other public property caused by
sidewalk cafe.
C. Permits issued pursuant to this subdi
calendar year."
Section 6. Section 185 of the City Code is
SEC. SUBSEC.
1230 1230.07,
Sidewalk cafe permit
4
cafe shall abut and shall be opera
ited by the applica t. No part of
ses other than tho applicant's f
'sidewalk cafe will of unduly rest
b�ic after taking int consideration
affi:c and other ' pediments to
i ger shall renew a permit only u-
v lk cafe complied 'th all provisi
to a nuisance as efined by Seci
720 of this Cde, the
calk cafes.
consumption #ay be
t''liquor or wine ma be consumed
nit to Section 900 of this Code.
by the sidewalk
, railings or othe
een November 1
cafe is open for
sidewalk cafe in a
of this Code.
or repair any da
applicant's use
shall expire on
by adding a
$500.00
e
for
e from that shbwn
Ir obstructions
hall
and April 1 e
ept
business.
clean and san
tary
age to the side
alk
f the sidewalk
as a
March 31, of Bach
new fee as follows:
JT FEE NO
261
Section 7. This ordinan a shall be in fu force and effect
publication.
First Reading: July 5, 1994
Second Reading: July 18, 1994
Published in the Edina Sun -Current on July 27,
ATTEST:
l,qa Th -
City Clerk
5
passage
STATE OF MINNESOTA)
PTI
WUNTY OF HENNEPIN)
AFFIDA
T
Donald W. T h u r l o w , being duly sworn on
the publisher or authorized agent and employee of the publisher of tl
Edina Sun -Current , and has full
stated below.
(A) The newspaper has complied with all of the requirements constituting qualific ati
as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
(B) The printed Ordinance N o . 1994-6
which is attached was cut from the columns of said newspaper, and was printed
for o n e successive weeks; it was first published
Wednesday
Of J u 1 y , 19-2-4, and was thereafter printed lvw published on every
and including , the day of, 19_
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby ackr
and kind of type used in the composition and publication of the notice:
Acknowledged before me on this
27 day of
BY:
RATE INFORMATION
(1) lowest classified rate paid by commercial users $
for comparable space
(2) Maximum rate allowed by law for the above matter $
oathi says that hafthe I
newspaper known
of i the fads which
as a qualified
blished once each w
the 27
Pub 1 islie*
and printed below
as being the
1160 per line
word, or inch rate)
96.80 per line
word, or inch rate)
(3) Rate actually charged for the above matter $ 11 79• per line
(Linell word, or inch rate)
i
City YI
Edm
)
4811 Nom!
FEDDi MI NEEM SSW
ORDIN NO. in"
SAN ORDINANCE G WCTION 1811 AND
OF 791E CITY CODE 7+0 SIDEWALK CAF
THE CITY COUNCIL OF THE CITY OF ED A ORDAINS:
Section LSubd. S of Subsection 1200.02 of SeWon 1500 of the City Code
a new pa Sl pb Q as follows:
"Q sidsvvall[ cafes as defined byissued pomiant to Subsection rdeion 1480.01 of this Code s
Section 8S 18SOSectloo 1S 0 al�stheg Code is amended
"Sidewalk Cals. tion as follows: b
sidewa (i) far the mcclual by=dfan aq food eivbli
pesors ud Section g suchof this Code, tabift err (ii) where �thceh �se,�vlceAd of lend or bees
Section S. Patagrap6 0. of *a�' od 0R
read as follows:. of Section 1890 of the Lit
"O. consume intaaicatil uor, or non -intoxicating malt liqwine, or i
as defined in Section 900 d this Code, rpt that:
1. Non-intoKica - malt liquor and wine which is dis 0
aetherl�l Hass.► �s r�. ryti. pied by
a.
b.
2.
a...—am caws wmen are licensed in poewdance with Section 880 d
which are artthorized bra permit issued pursuant to Subsection Mom
Section 4. Paragraph Ft, of on 1238.01 of Section 1250 of the City
rad as follows:
or `� Parka as vehicle or ocOr cu a street or sidewalk to sell in
except as Provided In S� 1250.07 of CWVY ooducting business or sd
Lyy�.�Citr Codeameuhded by addir� a new Sebeecti
Of this Section 1n8, certain P --ft pa*CWIX thod etaewa9s Cates. Nohvita
4 and sidewalk dotes a
SubsecdooL
Subd. 1 Pushcarts. Pushcarts, Pug cans, to as � on 720
of thia Cede,
on sidewWb within the area Included in the planp red by the MU
and France Commercial Area Plan" dated ger
pursuant to this Subdivision, 5,1974, subject to
for In addition to the requirements of Section 100 of this Code, no permit
Pushcart unless the following ace �:
1. The pushcart must be lic=WmraUwrda= with Section 720 0
1 � 2. The applicant for a permit mtusuant to ust pose se a valid food establiahm�
in the 30th � FIstucee � for a food e
3. The pushcart shall not cmeed 8 feet in Iagth 4 6ec in width, and 81
move4. menrt shall be equipped with casters or wheels to pe
�?�In pup�u�schac�atrt shall be equipped with facilities for the disposal of trs
shall applyad ' to the d operaoats of Section 720 of this Code, the fonowin
1. Pushcarts shall be on pubcarlic sidewalks only in those loceti
in
2-1��r t shall be stored WdomB following the close of business
Sp Only food err beye ages ler immedlrAe coushcart.nsumption may be offs
. Cleasift �'k w& and maintenance of the pushcart shall be and
in in n by the Sanitarian. . .
doss SPermib sewed pursuant to this Subdivision 811aU expire on March 51
am by adding
rject to permit
new dem-
lent on a
UMM defined
Bee is to
Cade by
to
erica liquor,
City 0 by an
ble ons
clot
Bina
be coniunmd
this and
ode is pmeoded to
farm
sg of
r 1290. as fsilews
a the re
s en
d� 'sot�n
perms issued
dsa4'ent ued
thi
ht Ur
tab
n
nitease of
each
A The number of peanuts amen may oe in arm umm wo ,.
. a.y ,..� ......
shall not emceed six.
Subd. 2 SMewalk Cates. Sidewalk cafes may be located on to a per-
mit issued by the City Memger pursuant to No Subdivision. tor. sidev alk 'I
cafe permit shall be made on formasuppliedbycatbthe Clef and a pipdrawn
to scale which illustrates the exact lon
o the 161-1 with
distances and dimensions of the a
location
of the travelled portion of the and 'tu all in the vicinity.
The appppli�cation shall be accompanied by the fee in the amoun set fo in Section 185
Of this -Code. If the'application is denied, the application less
permit ee 00 shall be re-
turned to the meant.
A. In addition to the requirements Section 160 of this Code, perms shall be issued
or renewed for a sidewalk Cafe ond' unless the following requirema ate are met:
1. The
applicant must possess a valid food establishment lh mse uant to Sec-
tion 720 of Code.
2. A distance of at least 200 feet shall be maintained betwee i the point of
the sidewalk care to the Dearest point of property used for purposes.
3. The applicant must furnish to the Clint, evidce enthat ctY
has been procured for any death or personal injury a from ownership,r
maintenance or operation of the
sidewalk cafe in amount less $100,000 for
injury to Beeth
or of ore person, or =300 OOO for any one t, and less than
$50., for damage to {►ropart, arin� from guy one inti Thea cant shall
maintain insurance
such in effect at alftimes the term the t. The City
shall be named as an additional insured in theLo cy
sDeh insurance.
4. Thea cant shall indemnify and held the City dna City s aisle dna
harmiessr rom anycost,
deli operation, oployees and
stdewal�k a.oof the use,
mai ance I
the
5. rea
aed by the sidewalk cafe shall abut and be ted as rt
Of the food establishment operated by the applicant No
pert of cafe a
adjoin any Premises other than the applicant's food este ent
6. The Ci shabbllyyfind that the sidewalk cafe will
usage do undid restrict the
public fter taking �to the location
svehicular
trafficcaandd impedimenta to the
1ul'he ty Manager shall renew a permit only upon t'itding the � of the i
cafe conpplh�ad
with all provisions, of this Subdivision ch constitute
a
a nuisance as defined by Section 1035 of don Code
R In addition to the requirements of Section 720 of this Cade, threquirements
shall My tome cafes:
1. only food or far immediate consumption be affe for sale.
t lits manse me
2. Intocicatmg or Den ratiung malt liquor or wine ma be only if
the sidewalk care is ioceued to
pursuant Section 800 of this
3. No expansion of the area occupied by the sidewalk cafe that on the
permit applicatii6onniW all be made.
4.
' pinnter ratiioga o other true one shall be
placed or remain on the
swesto day basis when the sidewalk cafe is ops¢ to bnainep 1 on a say
s. The applicant
shall maintain the sitlextalk cafe in a and so rary condi-
tion as required by Section 720 of this Codi
6. The ap�ica f shell promptly repalcece dr repair any to sidewalk or
nproPotY
o pec caused by the applicaoth use of the si as a dewalk este.
C. Permits ued to this
pnrsuant
vision shell expire onder of each calci -
Section 6.Section 185 of the Ci Code is emended
City by adding a be a follows:
SEC. SUBSEC. PURPOSE OF FE /CHARGE
O FEE NQ
Ino 1230.07, Sidewalk cafe pert
Subd. 2 .00 261
Section 7. This ordinance shall be in full force and effect upon licaton.
/s/ RI X S. RICHARI)S
ATTEST: Major
/s/ MARCELLA M. IIAEHN
City Clerk
(July 27, 1866) -ED