[HISTORY: Adopted by the Village Board of the Village of Blue Mounds 7-11-2012 by Ord. No. A-216. Amendments noted where applicable.]
It shall be unlawful for any person to sell, or offer to sell, any food or beverage at a sidewalk cafe located upon any street, alley, sidewalk, street terrace, or other public property, unless such person has first applied for and obtained a sidewalk cafe permit.
As used in this chapter, the following terms shall have the meanings indicated:
- SIDEWALK CAFE
- Any group of tables, chairs, benches, barriers or partitions, trash containers and suitable decorative devices maintained upon any part of the public right-of-way for use by the holder of a restaurant permit under § 254.64(1)(a), Wis. Stats., for the sale to the public of food, refreshments and beverages.
Application for a sidewalk cafe permit, along with an annual permit fee, as set by resolution of the Village Board, shall be filed with the Village Building Inspector. The application shall contain such information as the Building Inspector may require and shall include a scale drawing of the site, showing the location of all trees, poles, benches, grates, and other amenities or obstructions, and the exact type, size, and location of the proposed furniture, fences, and other vending equipment.
The Building Inspector or designee shall review the application for compliance with the provisions of this chapter and other applicable Village ordinances. If the application is complete and appears to meet the requirements of all applicable ordinances, the Building Inspector shall recommend to the Plan Commission that the application be approved and the permit granted. If the application is not complete or if it appears not to meet any applicable ordinance requirements, the Building Inspector shall recommend to the Plan Commission that the application be denied and the permit not granted.
Following approval of the sidewalk cafe permit application, and as a condition of granting the permit, the applicant shall furnish a certificate of insurance, on a form acceptable to the Village, evidencing the existence of comprehensive general liability insurance with the Village of Blue Mounds being named as an additional insured and liability limits of not less than $500,000 per claim and $1,000,000 annual aggregate. The certificate shall provide 30 days' written notice to the Village prior to cancellation, nonrenewal, or material change to the policy.
All permits hereunder shall expire on June 30. To renew an existing sidewalk cafe permit, the permit holder who meets all applicable requirements need only submit to the Building Inspector a completed renewal application, along with the $100 annual fee and certificate of insurance. If the permit holder proposes changes to the site, the application shall be processed in the same manner as an initial sidewalk cafe permit application.
Any sidewalk cafe permitted hereunder shall be subject to the following restrictions and limitations:
Service of alcoholic beverages in a sidewalk cafe must comply with all alcohol beverage licensing laws. With respect to requirements regarding the licensed premises, a sidewalk cafe must be included in the approved description of the licensed premises in order for alcoholic beverages to be served at the sidewalk cafe. If a sidewalk cafe permit is suspended, revoked or not renewed (see § 296-5 below), the sidewalk cafe area shall be removed from the licensed premises for the duration of the suspension, revocation or nonrenewal. Notwithstanding other provisions to the contrary, service of alcoholic beverages in a sidewalk cafe is limited to those customers ordering and eating food at the sidewalk cafe.
No portion of a sidewalk cafe shall be permitted within a ten-foot radius of a fire hydrant.
No portion of a sidewalk cafe shall be permitted within 10 feet of a curb-out or marked crosswalk.
All activities at the sidewalk cafe shall be conducted so as to maintain a minimum width of five feet of unobstructed public pedestrian walkway between the sidewalk cafe and the edge of the sidewalk adjacent to the curb.
No portion of a sidewalk cafe shall be permitted adjacent to any truck, freight, or passenger-loading zone, or adjacent to any handicapped parking space or loading zone.
No person holding a sidewalk cafe permit may use any public property, such as light poles or other utility poles, flower planters, trees, or other amenities as a point of attachment for any ropes or other devices as part of the sidewalk cafe.
All sidewalk cafes shall remain within the boundaries of the sidewalk cafe site as set forth on the approved application.
All materials and equipment forming part of the sidewalk cafe, other than tables and chairs, shall be removed from the site from close of business until normal opening of business each day.
No sidewalk cafe shall be open for business between the hours of 10:30 p.m. and 7:00 a.m.
All sidewalk cafes shall be maintained in a clean and hazard-free condition, so as not to attract vermin or other pests.
All sidewalk cafes shall use only unbreakable dinnerware.
In addition to any other penalty provided by law, violation of any provisions of this chapter or any other Village ordinance may result in revocation, suspension or nonrenewal of a sidewalk cafe permit issued hereunder after notice and hearing as provided herein. (See also § 296-4A regarding sidewalk cafes that are part of licensed premises.)
Such hearing shall be held by a Permit Review Board. The Village Board shall serve as the Permit Review Board, provided that no members of the Village Board are holders of a sidewalk cafe permit or employed by an establishment that holds a sidewalk cafe permit. If the Village Board cannot meet this requirement, the Plan Commission shall serve as the Permit Review Board.
Any Village resident, including elected or appointed officials, the Building Inspector and the Police Chief may bring a complaint against the permit holder by presenting the complaint in writing to the Village Clerk/Treasurer, the Police Chief or the Building Inspector. The person receiving the complaint shall present the complaint to the permit holder and the Permit Review Board. The Permit Review Board may thereafter schedule a hearing no less than 10 nor more than 30 calendar days after presentation of the complaint to the permit holder. At the hearing, the complainant or designee shall present evidence of the alleged violation. The permit holder shall have the opportunity to question witnesses, may call witnesses on his/her own behalf, and may be represented by counsel.
After due consideration, the Permit Review Board may suspend the permit for a period not to exceed six months, or revoke or nonrenew the permit. If revoked or nonrenewed, the permit holder may not obtain a new permit under this chapter for a period of one year after the date of revocation or nonrenewal. The violator shall be notified in writing of the findings and determination of the Permit Review Board.
The decision of the Permit Review Board shall be a final determination and shall be subject only to judicial review as may be provided by law. Any person aggrieved by the Permit Review Board decision hereunder may seek judicial review thereof within 30 days of the date of the final decision. Failure to seek review within said 30 days shall be deemed a waiver by the person aggrieved.
The penalty for violation of any provision of this section shall be as provided in § 1-3 of this Village Code.