CITY OF BOYNE CITY
COUNTY OF CHARLEVOIX
AN AMENDMENT TO THE BOYNE CITY CODE OF ORDINANCES TO REGULATE THE LICENSING AND OPERATION OF OUTDOOR SIDEWALK CAFÉS ON PUBLIC SIDEWALKS AND TO PRESCRIBE PROCEDURES THEREFOR, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE ORDINANCE.
NOW THEREFORE, THE CITY OF BOYNE CITY ORDAINS:
Section 1. Article VI Outdoor Sidewalk Cafés of Chapter 54 Street Sidewalks and Other Public Places of Boyne City Code of Ordinances shall be adopted as follows:
Outdoor Sidewalk Cafés
Sec 54-170. Outdoor Sidewalk Café.
No person or entity shall operate an Outdoor Sidewalk Café without an Outdoor Sidewalk Café license. This license shall be required in addition to any other license, permit or approval required by the city, county or state agencies for operation of a restaurant, bar or similar establishment. The license shall be valid for the calendar year of the date of issuance.
(a) Definition: Outdoor Sidewalk Café – A type of outdoor café consisting of a service area set aside for the customers of a restaurant, bar or similar establishment to be served food and/or drink, on a public sidewalk or other public property other than a public parking space.
Outdoor Sidewalk Café license.
An Outdoor Sidewalk Café license may be issued upon approval of the City Manager or designee with a finding that the applicant meets the requirements below:
(a) Outdoor Sidewalk Café hours shall be between 8:00 a.m. and 11:00 p.m., from April 1 to November 1.
(b) A minimum of four (4) feet of public sidewalk shall be maintained free of tables and other encumbrances. The pedestrian area shall also be free from benches, waste receptacles, fire hydrants, and similar structure. If the sidewalk is not wide enough to allow for a four (4) foot wide clearance for circulation, the outdoor sidewalk café shall not be permitted on a public sidewalk.
(c) Furnishings of an Outdoor Sidewalk Café shall all be readily removable, including railings and planters.
(d) Furnishing materials and finishes shall be durable, smooth and easily cleanable and shall be kept in sound condition and good repair. Tables, chairs, planters, waste receptacles, and other elements of street furniture shall be compatible with the architectural character of the adjacent buildings. If table umbrellas will be used, they shall complement building colors and may not include signage of any type.
(e) Outdoor Sidewalk Cafés may only be located in the sidewalk that is adjacent to the business they are associated and may not extend in front of any other business or residence.
(f) Outdoor Sidewalk Cafés may not interfere with any public service facility such as a bench, waste receptacle, bike rack or mailbox.
(g) The Outdoor Sidewalk Café must be kept clean, litter-free, and with a well-kept appearance within and immediately adjacent to the area of the tables and chairs.
(h) The Outdoor Sidewalk Café or its operation shall not damage, stain, or discolor any part of the sidewalk or public right-of-way.
(i) If alcohol is to be served in conjunction with a proposed Outdoor Sidewalk Café, the delineation of the service area with a physical barrier in conformance with the design criteria of the City and acceptable to the state liquor control commission must be utilized.
Sec 54-172. Application Requirements for Outdoor Sidewalk Cafés License.
An application for any Outdoor Sidewalk Café License shall include:
(a) A completed application form provided by the City.
(b) A plot plan drawn to scale showing the proposed arrangement of the chairs, tables, railings and any other equipment proposed for the Outdoor Sidewalk
(c) A narrative explaining the proposed operation of the café, including hours of operation.
(d) Samples or pictures showing the materials and colors of all tables, chairs, railings planters, waste receptacles or any other items proposed for the Outdoor Sidewalk Café.
(e) The Outdoor Sidewalk Café shall provide evidence of insurance coverage naming the City as an additional insured party in an amount acceptable to the City.
(f) The fee as established by the City Commission.
Sec 54-173. Revocation of an Outdoor Sidewalk Café’s license.
The City Manager may revoke any Outdoor Sidewalk Café license for failure of the licensee to comply with the conditions of this ordinance or their license or if the operation for any reason creates a nuisance or hazard. The City Commission on its own motion may, without cause, revoke an Outside Sidewalk Café permit upon 30 days’ written notice to the permittee.
Sec 54-174. Penalty.
Any person who violates any of the provisions of this section is responsible for a municipal civil infraction.
If any of the standards set forth in this amendment conflict with any other standards of previous or future ordinances or amendments, the stricter standards shall apply.
Repeal; Savings Clause.
All ordinances, resolutions, or orders, or parts thereof, in conflict with the provisions of this ordinance are, to the extent of such conflict, repealed.
Section 4. Severability
The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby.
Section 5. Effective Date
This Ordinance shall become effective fifteen (15) days from its enactment.
First Reading: April 26, 2016
Second reading: June 14, 2016
Enacted: June 14, 2016
Effective: June 29, 2016