HomeMy WebLinkAboutOrdinance 37-2008 ORDINANCE NO. 37-08
An Ordinance Providing For The Sale And Consumption Of Alcoholic Beverages
Upon Property Adjoining A Licensed Premises In The City Of Brookings, South Dakota.
Be It Ordained And Enacted By The Council Of The City Of Brookings, State Of South
Dakota,As Follows:
I.
Sec. 6-9. Sidewalk Cafe Alcoholic Beverage Sales and Consumption regulations
(a) General Provisions.
1. Any holder of an operating agreement, on-sale malt beverage license or on-sale wine license
may apply for a sidewalk cafe permit for the sale and consumption of alcoholic beverages
which the licensee is authorized to sell on a sidewalk or walkway subject to a public right-of-
way abutting a licensed premises,provided that the license holder derives more than fifty
percent of its gross receipts from the sale of prepared food for consumption on the licensed
premises.
2. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to
and abutting the licensed premises.
3. This section does not apply to any Federal-aid eligible highway unless approved in
accordance with the applicable requirements for the receipt of Federal aid.
4. The hours of authorized sale and consumption on the sidewalk or walkway subject to a
public right-of-way as provided by this section shall be consistent with the hours permitted
for the license held by the sidewalk cafe permittee.
5. A violation of any provision of Title 35 by an alcoholic beverage license holder conducting
business on a sidewalk or walkway subject to a public right-of-way pursuant to this section
constitutes a violation of Title 35 as if the violation had occurred in or on the licensed
premises.
(b) Definition.
Sidewalk Cafe. A sidewalk cafe is an outdoor area located on a public sidewalk or walkway
which is operated and maintained by an establishment, coffeehouse, tea shop,restaurant or bar.
(c) Applicable Procedure.
1. An application for a sidewalk cafe permit shall be filed with the City Clerk.There shall be a
one-time application fee of$100.00. The application shall include a site plan which identifies
the location of tables, chairs,umbrellas, trash receptacles,heaters and barricades.
2. A. The location of the sidewalk cafe must be directly in front of the business operating the
cafe, and may not extend beyond the side property lines. Tables, chairs,benches and
food and beverage carts and equipment shall be located so that they do not impede,
endanger or interfere with pedestrian traffic,with a minimum width of six (6) feet of
unobstructed passage for pedestrian traffic on Main Avenue and a minimum width of
four (4) feet of unobstructed passage for pedestrian traffic on side streets.
B. No fixtures or devices on which food or beverages are sold or consumed shall be attached
to the sidewalk or other public area. The property owner is responsible for the restoration
of the sidewalk or public right-of-way if any damage is caused by the sidewalk cafe.
Physical barriers may not exceed four feet in height.
C. Lighting for sidewalk cafes is subject to approval during the permitting process.Tabletop
lighting may include candles and battery-operated fixtures.
D. Physical barricades are required if alcoholic beverages are sold at the sidewalk cafe.
3. All services provided to sidewalk cafe patrons as well as all patron activity must occur within
the designated sidewalk cafe area. No alcoholic beverages may be stored or mixed in the
sidewalk cafe.
4. The permit holder is responsible for proper supervision of the sidewalk cafe in order to
ensure the requirements of this section are met.
5. Every sidewalk cafe permit holder shall furnish a certificate of insurance proving commercial
insurance coverage of at least$1,000,000 for bodily injury, death, disability, and property
damage liability. The City of Brookings shall be named as an additional insured on a primary,
noncontributory basis for any liability arising directly or indirectly from the operation of a
sidewalk cafe. In the event that the insurance is cancelled, the permit holder has 24 hours to
reinstate the insurance or the permit shall be revoked.
6. Permit holders must ensure that the requirements for operation are met. These include:
A. Patrons must wear shoes and shirts at all times.
B. All sidewalk cafes must maintain at least one opening for ingress and egress at all times.
All sidewalk cafes shall abide by all requirements of the currently adopted International
Building Code and the American's with Disabilities Act.
C. To the extent applicable, sidewalk cafes must adhere to all regulations of the City
pertaining to food and beverage service as set forth in Ordinance Section 74-40.
7. All areas within and surrounding a sidewalk cafe must be maintained in a clean,neat,and
sanitary condition.
8. All permit holders shall be required to abide by all federal, state,and local laws.
9. A sidewalk cafe permit may be revoked for failure to maintain the standards required for the
initial permit.A notice of intent to revoke a sidewalk cafe permit shall be given in writing 10
days prior to actual revocation and shall specify the area or areas of continued failure to meet
requirements and maintain conditions the city may have imposed. If, during that period,
proof of compliance is made by the holder of the permit,the permit shall be continued in
force.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: September 9, 2008
SECOND READING: September 23,2008
PUBLISHED: September 26, 2008
CITY OF BROOKINGS, SOUTH DAKOTA
colt D. sterman,Mayor
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S ari L. Thornes, City Clerk