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Home My Public Portal AboutORD15148SUBSTITUTE BY COUNCILMAN PRATHER Bl LL N0._--=2=-01.:....::3:...._-4.:....:4 __ SPONSORED BY COUNCILWOMAN __ ...::::C=a:....:...rro=l.:....l ____ _ ORDINANCE NO. ___ ___.__/ .:....c;S::........zl_~_,___,_._[ ____ _ AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO REQUIREMENTS FOR SIDEWALK CAFE PERMITS . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. Chapter 32 (Streets and Sidewalks) Sec . 32-230 (Sidewalk Cafe permit) is amended as follows: ARTICLE IX . SIDEWALK CAFES. Sec. 32-230. Sidewa lk cafe permits. The Department of Planning and Protective Services may issue a permit to use a City sidewalk, purs uant to thi s section of the Code of the City of Jefferson, for a s idewalk cafe, s ubject to the following conditions: A. The permittee shall at all times comply with ordinances of the C ity of J efferson, Mi sso uri a nd laws of the State of Missouri, as well as app li cab le rules and regulation s pertaining to th e handling of food and the operation of a restaurant. B . A permit s hall be granted to permittee only in conjunction w ith an existing restaurant in an ar ea adjacent to s uch re s taurant. A permit may be g ranted upon a determination that the operation of the s id ewalk cafe do es not prevent the reasonable use of the C ity sid ewalks by the public and that it does not inte rfere w ith bus in esses in the a rea. The permittee s hall li mit th e use of the s ide walk to those activities that have been approved. C. The pennittee s hall s ubmit with the applicat ion a pl a n s howing dis po sal procedures for litte r, w hich include procedures for keeping the area clean, and which s h a ll include sweeping the sidewalk every day the area is utilized by customers. The permittee s hall make adequate provis ion fo r the d isposal of li tte r and s hall maintain the premises used for said s ide wa lk cafe fr ee of li tter. Li tter generated by the si dewalk cafe operation shall be the respon s ibility of th e permittee, and the permittee shall make reaso nable provi s ion to see that s uch litter does not become a nui sance and is properly picked up from the pub li c ways in an d around th e s idewalk cafe. The C ity may re quire a bond o r cas h to guara ntee th a t th e area w ill be c lean ed up. The permittee shall have a trash receptacle provided bv the bus iness for use by the customers eating outside or alternate plan approved bv the ci t v staff. In the event the permittee does not clean up the area, the City reserves it s ri ght to d o th e clea ning itse lf and to charge the p ermittee for the cost of t he c leanup . This charge s hall be a pri vate de bt against the permittee, and fai lure to pay sha ll constitute cause to revoke or n o t re new the permit. The City may also revoke the permit for fa ilure to propcrlv maintain and sweep the area identified on the permit including public trash cans. D. The perm ittee sha ll at a ll times maintain in surance in an amount not less than five hundred thousand dollars {$500,000) three hlHldred theusond dmJors ($300,000) to protect th e C ity fro m a ny liab ility which mi g ht ari se from the activitie s in th e area, in an amount and form to be d e termined by the law Ed itor's Note: Deleted text shown tl:l~~& Added text show n thus. Bill 2013-44-Substitute Page 1 SUBSTITUTE BY COUNCILMAN PRATHER department of the City of Jefferson, Missouri. Permittee shall submit copies of said insurance to the finance department for approval prior to licensee commencing the operation of the sidewalk cafe. E. Before any work is performed on the sidewalk or other City property, the applicant shall submit a written plan describing the work. No work shall be performed on City property until the Director of Planning and Protective Services has authorized the same and a permit is issued by the City to do the work. In no event shall the work exceed that which is described in the permit as approved by the City. F. The permittee shall remove all chairs and tables at the end of each working day, as well as all other appurtenances, unless permission is otherwise granted in the license. G. The permittee shall at all times maintain a four (4) foot throughway on the sidewalk for pedestrian access. H. The permittee shall agree to indemnify and hold harmless the City of Jefferson, Missouri with respect to any claims that might be made, arising out of the operation of the sidewalk cafe. The permittee shall accept the permit, subject to his own determination, concerning the authority of the City of Jefferson, Missouri to grant said permit, and all risk with respect to whether or not the City has said authority is upon permittee. The City makes no affirmative representations concerning its authority to grant said permit. I. In the event the permittee violates any of the conditions of this Article or conditions which are a part of the permit, the Director of Planning and Protective Services shall have the authority to suspend or revoke said permit or the license to operate a restaurant, pursuant to procedures set forth in this Article. Permittee shall thereafter terminate the use of that area described in the permit unless the City gives permittee an opportunity to correct said violation. This permit may be terminated by either party upon fifteen (15) days' notice. Any person who violates this section or the conditions of the permit shall also be subject to the penalties set forth in section 1-13 of the Code of the City of Jefferson. J. Permittee agrees to comply with all laws of the State of Missouri and ordinances of the City of Jefferson in the operation of the sidewalk cafe. K. The City shall cause a permit to be prepared, in accordance with the conditions set forth herein and conditions established by the Director of Planning and Protective Services, which permit and conditions shall be accepted by the permittee. L. The permit shall be issued annually on November 1st M. The fee for the such permit shall be set by the City Administrator in Appendix Y. (Ord. No. I 3301, § 11-5-200 I) Section 2. Appendix Y (Schedule Of Administrative Fees. Permits. Licenses and Other Charges) of the Code of the City of Jefferson is amended by the addition of the following: Chapter 32 Editor's Note: Deleted text shown ~ Added text shown thus. Section 230 Section Title Sidewalk cafe uermits Bill 2013-44 -Substitute Page2 Fee $25.00 SUBSTITUTE BY COUNCILMAN PRATHER Section ~ This Ordinance shall be in full force and effect from and after the date of its passage and approval. Presiding Officer ATIEST: ~~awtl/ C1ty Clerk Ed itor's Note: Deleted text shown thu~r. Added text shown thus. Mayor APPROVED AS TO FORM : ~n~L/ B ill 2013-44 -Substitute Page 3 v City of lefferson Department of Planning & Protective Services 320 E. McCarty St., Room 120 Jefferson City, MO 65101 July 24, 2013 Re: Sidewalk Cafes Final Proposed Changes, Bill No. 2013-031 Dear Sidewalk Cafe Permit Holders: Eric I. Struemph. Mayor Janice McMillan,AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 At their meeting on July 10, the Administration Committee adopted revisions· to Section 32-320 of the City Code. The Administration Committee's final draft is attached, as Bill No. 2013-031. You are invited to review the proposed bill in advance of the City Council's consideration. This bill will be included on the City Council agendas on the following dates: "Bills Introduced" -Monday, August 5, 2013 "Bills Pending"-Monday, August 19, 2013 The City Council meets at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 E. McCarty Street, Jefferson City, MO 65101. You may appear in person at either Council meeting to comment on this bill, or you may provide comments via mail or email to: Email JCplanning@jeffcitymo.org (specify Sidewalk Cafe in the subject line); Mail Janice McMillan, Room 120, 320 E. McCarty Street, Jefferson City, MO 65101 Sincerely, ?f1imLA)t)Juu4L UJanice McMillan, AICP Attachment: Bill No. 2013-031 Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Stratman, Anne From: Sent To: Subject: To whom it may concern: Rob Agee < madcafe@socket.net> Wednesday, July 24, 2013 11:01 AM Stratman, Anne Re: Sidewalk Cafe-Final Proposed Chang·es Bill No. 2013-31 Bill looks fine to my thinking. The one thing that is not addressed is the specifics of the area encompassed by the sidewalk cafe permit. It is my understanding that the outside tables of any permitee should be limited to the address that the restaurant/bar has leased or owns, and not extended areas which they do not lease or own. My two cents. Sincerely, Rob Agee Madison's Cafe l~~~~=~~!~-~ ......... .=.=;::.::.:..=:..:.a;;;:..:,~~ To: Rob Agee <madcafe@socket.net> (madcafe@socket.netl ; kefick@hotmail.com ; spectators@mchsi.com Cc: McMillan. Janice Sent: Wednesday, July 24, 201310:41 AM Subject: Sidewalk Cafe-Final Proposed Changes Bill No. 2013-31 The Administration Committee recently adopted revisions to the Sidewalk Cafe Permit Ordinance. Please find attached for your review Draft Bill2013-31 to be introduced at the Monday, August 5 Council meeting. Thank you. Anne Stratman; Administrative Assistant Planning and Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573.634.6475 Fax: 573.634.6457 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http:/ /www.symanteccloud.com 1