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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