[Adopted as Title 7, Ch. 5, of the 2012 compilation of ordinances, as amended through 5-22-2013]
The following words, terms and phrases, when used in this article, shall have the meanings given in this article, except where the context clearly indicates a different meaning.
INITIAL APPLICATION
The first sidewalk seating area permit applied for by an owner or licensee.
RENEWAL PERMIT
A permit that is applied for by April 15 of a year by a currently valid sidewalk seating area permittee.
SIDEWALK
Has the meaning given in Wis. Stats. § 340.01(58).
SIDEWALK SEATING AREA
The area designated in the permit and includes any group of tables, chairs, benches, barriers or partitions, trash containers, and suitable decorative devices maintained upon any part of the sidewalk in the permit area.
A sidewalk seating area may be permitted on public sidewalks on Main Street contiguous to an applicant's business only, and may be located only on that portion of the public sidewalk that is directly adjacent to the building, or portion of the building, where the permittee's business is located, and shall not be in conflict with zoning requirements. There shall be a minimum five-foot sidewalk clearance between the permittee's building and the sidewalk seating.
No person or business shall maintain a sidewalk seating area unless a permit for the sidewalk seating area has been issued under this article.
A. 
Permit fees shall be charged under this article only for those businesses which operate a sidewalk seating area in which alcohol beverages are sold, offered for sale, served, or consumed.
B. 
Any businesses which sell, offer for sale, serve, or consume any alcohol beverages in a sidewalk seating area without paying the permit fee are in violation of this article and subject to a penalty.
C. 
Under no circumstances may a permit be issued to any business from which 50% or more of the revenue from the business is the result of revenue generated from the sale of alcohol beverages.
A. 
An applicant for a permit under this article shall file an application form and the permit fee, if required, with the Village Clerk, who shall provide the application form. The application shall be signed by the applicant and, if the business is a tenant, by the applicant's landlord. The initial application shall be accompanied by a scale drawing of the site requested to be used, showing the location of all trees, poles, furniture, equipment, fixed barriers and other items that will be located:
(1) 
In the sidewalk seating area;
(2) 
Between the sidewalk seating area and the street curbing; and
(3) 
Within 10 feet beyond each end of the sidewalk seating area.
B. 
Photographs, pictures from a sales catalog or detailed drawings of the furniture and equipment proposed for use, with dimensions and colors, shall be submitted with the application. No application shall be approved unless the applicant has proof of the required insurance.
C. 
If alcohol beverages are to be sold or served in a sidewalk seating area, the applicant shall apply for a temporary extension of the applicant's alcohol license covering the outdoor area where alcohol beverages will be sold, served or consumed.
D. 
A renewal application for a sidewalk seating area permit that changes the type or location of the sidewalk seating area furniture, furnishings, equipment or area, shall be referred, together with a scale drawing, photographs, and pictures or detailed drawings, to the Village Administrator for review and recommendation.
E. 
The Beautification Committee shall review the design, type of furniture, furnishings and equipment proposed by the applicant and determines whether any of it detracts from the aesthetics of the area surrounding the proposed sidewalk seating area and shall make a recommendation to the Village Board. In addition, prior to the aforementioned submission by the Beautification Committee to the Village Board, the Village Administrator shall review the application for compliance with zoning requirements.
The permit year shall commence May 1 or thereafter when the permit is issued, and shall expire on April 30 following its issuance. An initial fee for a sidewalk seating area permit shall be as established by the Village Board, which shall be paid to the Village Clerk-Treasurer at the time the applicant submits the completed application. The permit shall not be prorated for a partial year.
The fee for a renewal permit for a sidewalk seating area permit shall be established by the Village Board; said fee shall be paid to the Village Clerk-Treasurer at the time the applicant submits the completed renewal application. The permit shall not be prorated for a partial year. If the Village Clerk-Treasurer receives a completed application for a renewal permit for a sidewalk seating area, the appropriate fee, and all documentation as required by this article, no changes have been made to the site being used for the sidewalk seating area or to the furniture, furnishings, or equipment being used, and the permittee has not been cited for or convicted of a permit violation or an alcohol license violation relating to the sidewalk seating area, then no committee action is necessary and the Village Clerk-Treasurer may forthwith issue the permit.
In addition to any other penalty provided under this article, any sidewalk seating area permit issued hereunder may, after notice and hearing, be suspended for a specific period of time, or not renewed or revoked, for violation of any provisions of this article or of any other law, ordinance or regulation which is substantially related to the permit activity.
No applicant shall be issued a sidewalk seating area permit unless the applicant provides proof of the following insurance in amounts not less than stated, with an admitted carrier in the State of Wisconsin that has a "Best" rating of "A-VM" or better, covering the sidewalk seating area. Commercial general liability:
A. 
One million dollars per occurrence/general aggregate.
B. 
Workers' compensation: statutory.
C. 
Employer's liability: $300,000 disease policy limit; $100,000 per employee.
D. 
The permittee shall also provide, upon request, policies and endorsements. The policies shall be endorsed to name the Village, its officers, employees and authorized volunteers as additional insureds, and shall provide that the policies of insurance shall not be canceled or altered without 30 days' prior written notice to the Village. The insurance requirements are not intended to waive any immunity or statutory procedures that the Village may have or be entitled to under provisions of law.
A. 
Signage. No signs shall be allowed in the sidewalk seating area; provided, however, a permittee will be allowed to maintain an informational sign regarding the use of the sidewalk seating area with said signage being no larger than 12 inches by 14 inches. Advertising on umbrellas is specifically prohibited.
B. 
Furnishings. The permittee shall use, and maintain in good repair, safe, sturdy furniture, furnishings and equipment which enhance the aesthetics of the surrounding area. Umbrellas shall be anchored so that a sudden burst of wind will not lift them out of their holders or blow them over. All tables, chairs, and other structures associated with the sidewalk seating area shall be kept free of litter and other debris at all times. All tables, chairs, umbrellas must be uniform with other establishments on Main Street and must be approved by the Village Beautification Committee.
C. 
Hours. A sidewalk seating area may be open between May 1 and November 1. A sidewalk seating area may be open for business between the hours of 6:00 a.m. and 10:00 p.m.; provided, however, no alcohol beverages may be served in the sidewalk seating area. Alcohol beverages may only be served in a sidewalk seating area between 11:00 a.m. and 10:00 p.m. by a permittee authorized to serve alcohol beverages in said area.
D. 
Lighting. No additional exterior lighting is permitted in the sidewalk seating area.
E. 
Music/noise. The permittee shall not direct or allow to be directed, music directly into the outdoor area by means of outdoor speakers or jukeboxes, nor shall permittee allow live music in the sidewalk seating area.
F. 
Unobstructed sidewalk, hydrants, standpipes. The permittee shall provide at least five feet of unobstructed sidewalk for pedestrian right-of-way past the Sidewalk Seating Area, and shall not place anything within three feet of the curb or street. No permittee shall obstruct access to a fire hydrant or standpipe nor obstruct the view of the hydrant or standpipe from the street.
G. 
Compliance with laws. The permittee shall comply with all applicable federal, state and local laws, regulations and ordinances.
H. 
Patron service. No person may be served food or alcohol in the sidewalk seating area unless seated.
I. 
Locations next to truck, freight, or passenger loading zones. No portion of a sidewalk seating area shall be located adjacent to any truck, freight, or passenger loading zone, nor adjacent to any disabled parking space.
J. 
Use of public property. No sidewalk seating area permittee 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 anything, including ropes, posters or signs.
K. 
Boundaries of sidewalk seating area. No part of a sidewalk seating area shall be placed beyond the approved boundaries of the sidewalk seating area site as set forth on the permit.
L. 
Barriers for sidewalk seating area. A permittee that is allowed to sell or serve alcohol beverages shall maintain fencing or a barrier establishing the boundaries of the sidewalk seating area on at least three sides, which shall be between 34 inches and 38 inches high, and shall not extend into the area outside the sidewalk seating area authorized in the permit; said fencing or barrier shall be approved by the Beautification Committee.
M. 
Obstruction of traffic. No permittee may place, construct or maintain fencing, a barrier or any other object that would obstruct the view for traffic on the streets, alleyways, driveways or for any vehicle traffic path.
N. 
Trash removal. The permittee shall remove all trash from the sidewalk seating area on a regular basis during business hours, and shall keep the sidewalk seating area in a clean, orderly, litter-free and hazard-free condition. The permittee shall remove litter from the abutting properties which may have come from the sidewalk seating area. The permittee shall not place any solid waste in the Village solid waste containers. Cleaning of the sidewalk seating area must be completed no later than 10:30 p.m. each day.
O. 
Distance requirements. The permittee shall allow for at least five feet of clear and unobstructed passage between sidewalk seating area tables, chairs, and barriers with all street trees, lampposts, signposts, and any other fixtures or obstructions. The permittee shall also allow for a minimum three-foot clear and unobstructed area between the sidewalk seating area tables, chairs, barriers, and curb. The permittee shall also allow at least a five-foot unobstructed area from the cafe and all driveways and alleys, and at least 10 feet from all intersections.
P. 
Animals. No animals, except those assisting individuals with disabilities, are permitted in the sidewalk seating area where food is served.
Q. 
Beverage storage devices. No taps, kegs, coolers, or other beverage storage devices are allowed outdoors.
R. 
Outdoor heating devices. No outdoor heating device of any kind is permitted in the sidewalk seating area.
S. 
Equipment. Busing stations, trash receptacles, food preparation stations, or restaurant service equipment are prohibited outdoors.
T. 
Merchandise display. No merchandise may be displayed in the sidewalk seating area.
U. 
Electrical connection. No connections to municipal power sources are permitted.
V. 
Outdoor cooking. No outdoor cooking is permitted.
W. 
Supervision. The sidewalk seating area must be continuously supervised by employees of the permittee.
A permittee may sell and serve alcohol beverages in an outdoor cafe only if the permittee complies with all the requirements for obtaining an alcohol beverage temporary extended area license, and the sidewalk seating area is listed on the alcohol beverage license application as being an extension of the licensed premises. Alcohol may be served in a sidewalk seating area under the following conditions:
A. 
The permittee has a valid and appropriate retail alcohol beverage license for the principal premises. The retail alcohol beverage license includes the sidewalk seating area in the description of the licensed premises as an extended area.
B. 
The retail alcohol beverage license permits the sale of the type of alcohol beverages to be served in the sidewalk seating area.
C. 
Alcohol beverages are sold and served by the licensee or licensee's employees and sold or served only to patrons seated at tables in the sidewalk seating area. Alcohol beverages are served by the licensee or the licensee's employees in compliance with the alcohol beverage laws, ordinances and regulations. All alcohol beverages must be carried to the sidewalk seating area by licensed servers only.
D. 
Alcohol beverages may only be served in the sidewalk seating area with food service through the licensed establishment.
E. 
The permittee shall be responsible for policing the sidewalk seating area to prevent underage persons from consuming or possessing alcohol beverages.
F. 
The permittee shall not allow patrons of the sidewalk seating area to bring alcohol beverages into the Sidewalk Seating Area from another location, nor to carry open containers of alcohol beverages about in the sidewalk seating area, nor to carry open containers of alcohol beverages served in the sidewalk seating area outside the sidewalk seating area.
G. 
The bar from which the alcohol beverages are dispensed shall be located indoors and shall not be located in the sidewalk seating area.
H. 
At times of closing or during times when consumption of alcohol beverages is prohibited, permittee shall remove from the sidewalk seating area all containers used for or containing alcohol beverages. No container of alcohol beverages shall be present in the sidewalk seating area between 10:00 p.m. and 11:00 a.m.
I. 
All beverages served in the Sidewalk Seating Area must be served in plastic glasses.
J. 
No sale of food, alcohol, beverages or any other products may be conducted from a window or other opening adjacent to the sidewalk seating area.
The Village reserves the right to temporarily order the discontinuation of the operation of public outdoor seating at any time because of anticipated or actual problems or conflicts in the use of the sidewalk seating area, including but not limited to the following: festivals, parades, marches, road races, repairs to streets or sidewalks, and any other emergency situation affecting the sidewalk area.
A condition of the issuance of the permit pursuant to this article is the execution by the applicant of an indemnification agreement in a form exclusively acceptable to the Village. A further condition of the issuance of the permit pursuant to this article is the execution by the applicant of an agreement whereby the applicant agrees to repair any damage caused to the area of the sidewalk seating area as a result of the applicant's operation in said area; the agreement shall be in a form exclusively acceptable to the Village.
The applicant must obtain all other permits required by any other governmental entity and remain in compliance with the issuance of said permits by any other governmental entity. Failure to comply may result in revocation of the permit issued by this article by the Village.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who shall violate any provision of this chapter shall be subject to a penalty as determined by Village Board. See § 1-3 of this Code.