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Sidewalk Cafe Design Guidelines Booklet
 

Sidewalk Cafe Design Guidelines Booklet

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Design Guidelines for Sidewalk Cafes in Brooking CBD

Design Guidelines for Sidewalk Cafes in Brooking CBD

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    Sidewalk Cafe Design Guidelines Booklet Sidewalk Cafe Design Guidelines Booklet Presentation Transcript

    • DowntownSidewalk CaféGuidelines and Grant ProgramDowntown Brookings, SDJune 12, 2009
    • Table of Contents PagePurpose 3Background 4Sidewalk Café Site Sketch – Alcohol Service 5Sidewalk Café Permit Application & Requirements 6-9Sidewalk Café Site Sketch - Non-Alcohol 10DBI – DEDIF Grant Program & Application 11 – 12DBI – DEDIF Grant Design Guidelines 13 – 23Appendix: State and Local Laws 24 - 33 South Dakota State Law Brookings: Sidewalk Café Alcoholic Beverage Sales Brookings: Placement of Advertising, Décor, etc. on Sidewalks Brookings: Outdoor Food & Beverage Service & Dining in the CBD 2
    • PurposeThe purpose of this booklet is to provide downtown businesses with the tools to create asidewalk café in the Central Business District of Brookings, South Dakota.The Design Guidelines contained herein are for the purposes of applying for the DowntownBrookings, Inc. DEDIF Loan or Sidewalk Café Grant Program. The intention of these designguidelines is to retain the historic and cultural character of the downtown.Those businesses that will be serving alcohol must go through an administrativepermitting process authorized by Chapter 6, Section 6-9 of the City of BrookingsMunicipal Code, see pages 25 - 27 for the complete ordinance.Those not serving alcohol do not need a permit, but must comply with Chapter 74, Sections34-40, Placement of advertising, décor, etc. on sidewalks, see pages 28 – 30.For the addition of signage, businesses must comply with Ch. 94, Article VI, Division 5of the Zoning Ordinance: http://www.municode.com/resources/gateway.asp?pid=10484&sid=41.For assistance, please contact the following:Sidewalk Cafe Municipal Sidewalk Café AlcoholLoan & Grants Codes & Permitting Service PermittingDowntown Brookings, Inc. City of Brookings City of BrookingsJohn Seward-Director Mike Struck-Director Shari Thornes-City Clerk414 Main Avenue Community Development 311 Third Avenue /PO Box 270Brookings, SD 57006 311 Third Avenue Brookings, SD 57006605-690-4856 Brookings, SD 57006 605-692-6281downtown@brookings.net 605-692-6629 605-692-6907FB/MS: Downtown Brookings www.cityofbrookings.org sthornes@cityofbrookings.org 3
    • BackgroundDowntown Brookings, Inc. is pleased to offerrestaurants along Main Avenue the option ofutilizing the public sidewalk outdoor diningareas. Outdoor dining gives restaurant patrons anamenity that has become an increasingly popularfeature within many downtowns. While the City hasencouraged the use of outdoor dining arrangements,restaurant operators must be mindful of twoimportant considerations: the safety and flow ofpedestrian traffic, and the visual appropriatenesswithin the downtown historic district. Both theCity Ordinances and the DBI Sidewalk Café GrantDesign Guidelines are intended to ensure thatrestaurants use the public sidewalk for outdoordining in a way that is safe for pedestrians andappropriate for the historic district.Sidewalk Café Alcohol Sales ApplicationAny holder of an operating agreement, on-sale malt beverage license or on-sale winelicense may apply for a sidewalk café permit for the sale and consumption of alcoholicbeverages which the licensee is authorized to sell on a sidewalk or walkway subject to apublic right-of-way abutting a licensed premises, provided that the license holderderives more than fifty percent of its gross receipts from the sale of prepared food forconsumption on the licensed premises. To apply, a restaurant owner needs to complete thefollowing application on pages 6 - 9. 4
    • Alcohol Sales Layout 5
    • Sidewalk Alcohol Sales Application Brookings, South DakotaThe undersigned makes application for a Sidewalk Alcohol Sales Permit under the provisions of Chapter 6, Section 6-9 of the City of BrookingsCode of Ordinances.Applicant Qualifications: Any holder of an operating agreement, on-sale malt beverage license or on-sale wine license mayapply for a sidewalk café permit for the sale and consumption of alcoholic beverages which the licensee is authorized to sell ona sidewalk or walkway subject to a public right-of-way abutting a licensed premises, provided that the license holder derivesmore than fifty percent of its gross receipts from the sale of prepared food for consumption on the licensed premises.Business Name:Address:Phone Number:Representatives Name:Alcohol License Number(s):Food License No: 6
    • Application Submittal Requirements:1) Fee. A one-time application fee in the amount of $100.00 payable to the City of Brookings filed with the City Clerk.2) Site Plan. Furnish a site plan identifying the location of tables, chairs, umbrellas, trash receptacles, heaters and barricades in compliance with the following requirements:  The location of the sidewalk café must be directly in front of the business operating the café, 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.  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 café. Physical barriers may not exceed four feet in height.  Lighting for sidewalk cafes is subject to approval during the permitting process. Tabletop lighting may include candles and battery- operated fixtures.  Physical barricades are required if alcoholic beverages are sold at the sidewalk café.3) Insurance. 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 café. In the event that the insurance is cancelled, the permit holder has 24 hours to reinstate the insurance or the permit shall be revoked. The permit holder shall immediately notify the city clerk if insurance under this provision is revoked and shall not serve or allow alcoholic beverages to be consumed until insurance is restated in accordance with this requirement.4) Compliance Requirements. Compliance with the following programming requirements is required and signing of this application is an acceptance of these compliance requirements.  All services provided to sidewalk café patrons as well as all patron activity must occur within the designated sidewalk café area. No alcoholic beverages may be stored or mixed in the sidewalk café.  The permit holder is responsible for proper supervision of the sidewalk café in order to ensure the requirements of this section are met.  Permit holders must ensure that the requirements for operation are met. These include: o Patrons must wear shoes and shirts at all times. o 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. o 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: 38-40. 7
    •  All areas within and surrounding a sidewalk café must be maintained in a clean, neat, and sanitary condition.  All permit holders shall be required to abide by all federal, state, and local laws.  The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises.  Public walkways and sidewalks within the right of way of a Federal-aid eligible highway are not eligible for a permit unless approved in accordance with the applicable requirements for the receipt of Federal aid.  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 café permittee.  A violation of any provision of South Dakota Codified Laws, 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 South Dakota Codified, Title 35 as if the violation had occurred in or on the licensed premises.5) Revocation. A sidewalk café permit may be revoked for failure to maintain the standards required for the initial permit. A notice of intent to revoke a sidewalk café 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 to the satisfaction of the city by the holder of the permit, the permit shall be continued in force.The Applicant also certifies that all current property taxes due on its licensed premises are paid if property is owned by the Applicant.This Application and any permit issued constitute a contract between the undersigned applicant and the City of Brookings. The undersignedapplicant agrees to comply with all provisions of Chapter 6 (pertaining to Alcoholic Beverages) of the Brookings Code of Ordinances and Chapter35 of the South Dakota Codified Laws, which pertain to the sale and consumption of alcoholic beverages. The undersigned Applicant expresslyagrees that violations of the provisions of Chapter 6, or failure to comply therewith, constitutes cause for revocation or suspension of the permitissued pursuant to this Application or for refusal to renew the permit upon expiration thereof.Applicant agrees to permit City to periodically verify the accuracy of information contained in this Application and agrees to provide informationrequested to verify the accuracy of the information and the Certifications contained in this Application.I have read and fully understand the attached rules and regulations applying to the approval of this license.Dated , 20_______ By: 8
    • RETURN TO: Return to completed application to: Shari Thornes, Brookings City Clerk 311 Third Avenue, PO Box 270 Brookings, SD 57006 605-692-6281 sthornes@cityofbrookings.orgTO BE COMPLETED BY CITY PERSONNELReviewed by:Planning & Zoning Department:City Clerk/ADA Coordinator:City Manager: 9
    • NON-ALCOHOL LAYOUT 10
    • D.E.D.I.F Sidewalk Café Grant Program and ApplicationCentral to the process of permitting outdoor dining in one of Brookings’ most historicareas is the necessity of ensuring that furniture and other items placed within it willnot detract from the district’s architectural heritage.The Main Street approach focuses its revitalization efforts around four key issues –design, promotion, economic enhancement, and organization. It has been the experience ofover twelve hundred Main Street communities that the design and physical integrity ofdowntown commercial structures are extremely important, not only as a matter ofaesthetics, but also in contributing to the success of retail and commercial businesses.Property owners who have reinvested in the façades of their buildings have, in mostcases, realized real gains in property and income values. This trend is also true forneighboring structures, as well as the total property value of the downtown commercialdistrict. The ultimate goal of this program is to encourage sidewalk café improvementswhich are compatible with the historic significance and uniqueness of downtown.DBI Program Investors may apply for this grant. Approved sidewalk café infrastructurewill receive a 25% (twenty-five percent) grant with a limit of $500. Applicationsshould be submitted and approved before the sidewalk café infrastructure is in place. Thegrant would be paid when the project is completed and copies of the invoices aresubmitted to Downtown Brookings Inc. Businesses may also apply for revolving loan fundsto cover the remaining 75% of the sidewalk cafe cost. 11
    • Sidewalk Café Grant Program Application1. Name of Applicant: _______________________________________________________________________________________________2. Mailing Address: __________________________________________________________________________________________________3. Phone Number: __________________________ Email Address _______________________________________________________4. Project Address: __________________________________________________________________________________________________5. Describe the dimension, placement, colors of the sidewalk café infrastructure:____________________________ _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________6. Copy of companys estimated cost: _____________________________________________________________________________7. Proposed project start and completion dates: _________________________________________________________________ _____________________________________________________________________________________________________________________8. Attach a drawing of the proposed sidewalk café, and photos of the proposed infrastructure.The undersigned applicant affirms that: I (we) understand that the sidewalk café infrastructure design and placement mustadhere to this proposal. Any variance from the proposal, without prior approval, may result in forfeiture of the 25% grant.Signature of Applicant(s): _________________________________________________________________________________ Date: _______________________________ _________________________________________________________________________________ Date: _______________________________FOR OFFICE USE:Approval of Design Review Committee: _________________________________________________ Date ___________________Approval of Economic Enhancement Review Committee:______________________________ Date ___________________ 12
    • DBI: DEDIF Sidewalk Café Design GuidelinesThe following design guidelines are the guiding standards that Downtown Brookings willuse when reviewing applications for the DEDIF Sidewalk Café Grant. The purpose of thesedesign guidelines is to create an efficient pattern of sidewalk cafés that reflect theunique character of downtown Brookings. These guidelines include all sidewalk caféinfrastructure, such as: Barriers, signage, plants, heaters, umbrellas, seating,lighting, and tables.BarriersBarriers are required in the following instances:Barriers are required for the full perimeter of all outdoor dining areas serving alcoholwhen in the public right of way. Brookings law requires that outdoor dining areas wherealcohol is served or consumed must be an enclosed area, with only one opening to thesidewalk for access. Dining area barriers (fences, gates, ropes etc.) are visuallyappealing and help to separate the dining area from the sidewalk. All barrier materialmust be maintained in good visual appearance, without visible fading, dents, tears, rust,corrosion, or chipped or peeling paint.Barrier DesignsA wide variety of styles and designs are permissiblefor outdoor dining area barriers.Sectional Fencing: Sectional fencing (generallydefined as rigid fence segments that can be placedtogether to create a unified fencing appearance) is adesirable solution for outdoor seating areas usingbarriers. Such fencing is portable, but cannot beeasily shifted by patrons or pedestrians, as can lessrigid forms of enclosures. Sectional fencing must beof metal (aluminum, steel, iron, or similar) or of 13
    • wood construction and must be of a dark color (either painted or stained).Rope or Chain Rails: Rope or chain-type barriers (generally defined as enclosurescomposed of a rope or chain suspended by vertical elements such as stanchions) arepermitted if they meet the following guidelines: • Rope/Chain Diameter: The rope or chain must have a minimum diameter of 1 inch, in order to maintain detectability by the visually impaired. • Posts: Vertical support posts (stanchions, bollards, etc.) must be constructed of wood or metal (aluminum, steel, iron, or similar). • Stanchion Base Must Not Be A Tripping Hazard: If a stanchion or other vertical supporting device is attached to a base, that base must be flat and must measure no more than one-half (½) of an inch above the sidewalk surface. No domed stanchion bases are permitted.Freestanding: Any barrier (whether sectional fencing or rail-type) must be freestanding,without any permanent or temporary attachments to buildings, sidewalks or otherinfrastructure.Prohibited Barrier Styles • Fabric Inserts: Fabric inserts (whether natural or synthetic fabric) of any size are not permitted to be used as part of a barrier. • Chain-link and Other Fencing: The use of chain-link, cyclone fencing, chicken wire or similar appurtenances is prohibited. Materials not specifically manufactured for fencing or pedestrian control (including but not limited to buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc.) and not expressly permitted elsewhere in these Guidelines may not be used as components of a barrier. 14
    • Barrier MeasurementsTo ensure their effectiveness as pedestrian control devices and their detectability forpersons with visual impairments, barriers must meet the following measurement guidelines: • Height: The highest point of a barrier (such as a stanchion) must measure at least 36 inches in height, with the exception of planters. • “Open” Appearance: Fences or other perimeter enclosures with a height of between 36” and 50” must be at least 50 percent open (see-through) in order to maintain visibility of street level activity. Any enclosure with a height over 50” must be at least 80 percent open (see-through). • Maximum Distance from Ground: All barriers must be detectable to visually impaired pedestrians who employ a cane for guidance. Therefore the bottom of barriers must be no greater than 27 inches above the sidewalk surface. • How to Measure Rope/Chain Distance from Ground: In the case of a rope or chain enclosure, the rope/chain must not exceed 27 inches in height when measured 12 inches or more away from a vertical post (stanchion, bollard or other such support).Access Openings • Minimum Access Width: Any access opening within the barrier must measure no less than 44 inches in width. • Location: Access openings should be placed in a location that will not create confusion for visually impaired pedestrians. 15
    • PlantersPlanters may be used in addition to or in place of other barrier designs. In addition,planters may be used in situations where no barrier is required (for example, where theoutdoor dining area does not extend more than three feet into the sidewalk) in order toprovide added visual interest and create a more attractive and welcoming atmosphere.Planters and the plants contained within them must meet the following requirements: • Maximum Height of Planters: Planters may not exceed a height of 36 inches above the level of the sidewalk. (This pertains only to planters, not the plants contained therein.) • Maximum Height of Plants: Plants (whether live or artificial) may not exceed a height of 108 inches (8 feet) above the level of the sidewalk. • Planted Material: All planters must have plants contained within them. If the plants within a planter die, the plants must be replaced or the planter removed from the public right-of-way. Artificial plants, empty planters, or planters with only bare dirt, mulch, straw, woodchips or similar material are not permitted. Seasonal, thematic planter displays are encouraged. 16
    • Furniture and FixturesAll Furniture shall meet the following guidelines: • Free Standing. (Brookings ordinance 34.1.2) • Match the historic character streetscape of Downtown Brookings. • Commercial grade and manufactured for outdoor commercial use. They shall be made of a safe, sturdy and durable material, such as wood, resin, steel, and wrought iron.Size and ShapeThe size and shape of table strongly affects the functionality of an outdoor dining area.Due to limited space on the sidewalks, restaurants should strive for space-efficientseating layouts and furniture configurations.Square and rectangular tables are strongly recommended for use in the outdoor diningareas. • Better Fit: Square or rectangular tables may fit flush against a buildings’s wall and can permit more usable surface area for patrons while at the same time leaving more space available for pedestrians. • More Flexibility: Square or rectangular tables are more flexible for use in outdoor dining areas. Such tables may be combined to seat larger parties much more effectively than can round tables. • Smaller Table preferred: Smaller tables work better than larger tables and are more efficient and flexible. Although optimal table size varies by each restaurant’s specific outdoor dining layout, smaller tables are preferred. 17
    • SeatingSeating options should be appropriately cohesive in color, texture, and size. • Color: Tables may be colored or of a natural unpainted material (i.e. wood, metal, etc.) Chairs are not permitted to be of any fluorescent or other strikingly bright or vivid color. • Upholstery: Upholstered chairs are permitted. Upholstery is not permitted to be of any fluorescent or other strikingly bright or vivid color. • Matching: All chairs used within a particular establishment’s outdoor seating area must match each other by being of visually similar design, construction, and color. • Size: Round tables shall be no longer that 2.5ft. wide. Square tables shall be no larger than 3ft. wide.UmbrellasUmbrellas can add a welcoming feel to outdoor diningareas and provide shelter from the elements, makingtheir use desirable for outdoor dining applications.Appropriately designed and sized umbrellas arepermitted for use under this outdoor dining program.Umbrellas must be free of advertisements and containedwithin the outdoor dining area, and the lowestdimension of an extended umbrella must be at least 7feet above the sidewalk surface. All umbrellas mustcomply with the following conditions. Individual canvasor other non-vinyl umbrellas of a compatible design maybe permitted in the right-of-way and shall not exceed over the pedestrian zone.Umbrellas shall be made for outdoor commercial use subject to City approval. 18
    • • Contained Within the Outdoor Seating Area: To ensure effective pedestrian flow, all parts of any umbrella (including the fabric and supporting ribs) must be contained entirely within the outdoor seating area.• Minimum Height for Sidewalk Clearance: When extended, the umbrella must measure at least 7 feet above the surface of the outdoor dining area in order to provide adequate circulation space below. This measurement must include not only the umbrella frame and panels, but also any decorative borders such as fringes, tassels, or other such ornamentation.• Maximum Height: Any part of an umbrella used in an outdoor seating area may not exceed a height of 120” (10 feet) above the level of the sidewalk, in order to avoid causing an undue visual obstruction of other businesses.• Colors: Umbrellas must blend appropriately with the surrounding built environment. Therefore, umbrella fabric is not permitted to be of any fluorescent or other strikingly bright or vivid color. Umbrella covers must be of one solid color.• Size and Shape: The size and shape of an umbrella strongly affects its functionality within a constrained space such as an outdoor dining area. Due to the narrow measurements of most restaurants’ outdoor dining areas, restaurants using umbrellas should strive for space-efficient umbrella designs.• Square or Rectangular Umbrellas Preferred: Square or rectangular umbrellas, as opposed to round or octagonal umbrellas, are strongly recommended for use in Old Town’s outdoor dining areas.• Market-Style Umbrellas Preferred: Market style umbrellas – those designed specifically for patio or outdoor restaurant use are preferred for outdoor dining purposes. 19
    • • Material: Umbrella fabric must be of a material suitable for outdoor use, and must be canvas-type. No plastic fabrics, plastic/vinyl-laminated fabrics, or any type of rigid materials are permitted for use as umbrellas within an outdoor seating area • Signage or Wording Prohibited: Umbrellas must not contain signage for the restaurant or for any other entity in the form of wording, logos, drawings, pictorial or photographic representations, or any other likewise identifying characteristic.Sidewalk CoveringsThe floor of outdoor seating areas shall be uncovered sidewalk material as to providecontinuity with the adjacent public right-of-way. Floor coverings or raised platformsmay not be used within outdoor dining areas.Prohibited Sidewalk Coverings • Carpet: Prohibited sidewalk coverings include carpet or other flooring material constructed of fabric, canvas, wool, tile, linoleum, nylon, vinyl, or any covering that is intended to resemble turf. • Platforms: Raised decks, platforms, or other such surfaces are not permitted within outdoor dining areas.Circulation RoomAs established in the Outdoor Dining Ordinance, all outdoor dining areas must leave atleast 6 feet of unobstructed pedestrian space. These 6 feet of pedestrian spaces must beclear of obstructions caused by trees, tree wells, posts, hydrants, or any otherinfrastructure. In addition, no part of an outdoor dining area (including plants) mayextend into the 6-feet-unobstructed zone. If a perimeter enclosure is used, adequatespace must be provided within the enclosed outdoor dining area to permit movement ofpatrons and wait staff. Wait staff may not serve patrons from beyond the perimeterenclosure. 20
    • SignageSignage is permitted within outside dining areas only with a valid City permit, Chapter94, Article VI, Division 5 of the Zoning Ordinance, see Attachment X. No extra oradditional signage is permitted solely as a result of an establishment’s participation inthis outdoor dining program.Adjacent BusinessesRestaurants need to be mindful of adjoining businesses when using outdoor dining areas,making sure that neighboring businesses remain visible to pedestrians and motorists. Arestaurant should try to adjust the outdoor seating area’s layout, dimensions or distancefrom the property line (2 feet or more) to ensure that this visibility is maintained. Portable Heaters Portable heaters are permitted subject to review and approval by the Brookings Fire Department. Trash Receptacles The number, type, and location of trash receptacles shall be located inside of thedesignated café zone. Trash receptacles shall be madeof durable material to match the existing façade andshall be commercial grade.LightingLighting for sidewalk cafes is subject to approvalduring the permitting process. Tabletop lighting mayinclude candles and battery-operated fixtures. 21
    • Protruding ObjectsProtruding Objects: Requirements in 4.4 are based on standard cane techniques used bypeople with vision impairments. There are two principal techniques: the touch techniqueand the diagonal technique. People are often trained to use both. The touch techniqueinvolves arcing the cane side to side to detect points beyond both shoulders and is oftenused in uncontrolled areas. The diagonal technique involves holding the cane in astationary position diagonally across the body with the bottom tip at the ground beyondone shoulder and the grip extending beyond the other shoulder. This technique isgenerally used in certain controlled and familiar environments. The standard sweep ofcanes allows detection of objects with leading edges up to 27 inches from the floor.Scoping: Requirements for protruding objects apply to all circulation routes, includingboth accessible and inaccessible routes and include corridors, walks, courtyards,stairways, and areas of circulation.Wall-Mounted Objects: Proper cane and service animal techniques allow people to walkalong a corridor or path without bumping into walls. Overhangs that are above cane sweepheight may protrude 4 inches without being hazardous. Objects within the sweep of canes(at or below 27 inches) or above 80 inches can protrude any amount. Wing walls, sidepartitions, and alcoves or recesses can be used for elements such as drinking fountainswith their bottom edges above 27 inches. Fixed elements or barriers can provide detectionbelow objects not required to have knee or toe clearance.Free-standing and Post-mounted Objects: Where objects are mounted above 27 inches fromthe ground or floor, overhangs are limited to 12 inches. This is based on standardmeasures for cane sweep. Objects with leading edges at or below 27 inches or above 80inches can protrude any amount. 22
    • Head Room: Circulation paths must provide at least 80 inches of vertical clearance.Otherwise fixed barriers detectable by canes must define areas with less clearance.Gates, rails, curbs, and other fixed elements, such as planters, can serve as barriers.This is important at open stairways and along sloped walls. 23
    • Sidewalk Café Local and State LawsSouth Dakota State StatuteSidewalk Sale or Consumption of Alcohol 35-4-77.1. Sale or consumption of alcoholic beverages on sidewalk abutting licensedpremises permitted by ordinance. Notwithstanding the provisions of § 35-4-75, thegoverning body of the municipality charged with the approval of alcoholic beveragelicense issuance may, by ordinance, permit the sale and consumption of alcoholicbeverages on a sidewalk or walkway subject to a public right-of-way abutting a licensedpremises, provided that the license holder derives more than fifty percent of its grossreceipts from the sale of prepared food for consumption on the licensed premises. Thesidewalk or walkway subject to a public right-of-way shall be immediately adjacent to andabutting the licensed premises. This section does not apply to any federal-aid eligiblehighway unless approved in accordance with the applicable requirements for the receipt offederal aid.Nothing contained in this section prevents the governing body from imposing conditions orrestrictions that it deems appropriate. The sidewalk or walkway subject to a public right-of-way where the sale and consumptionof alcoholic beverages is permitted does not constitute a public place as defined in§ 35-1-5.3, if the sidewalk or walkway subject to a public right-of-way has been properlyauthorized for sale and consumption of alcoholic beverages pursuant to this section. Thehours of authorized sale and consumption on the sidewalk or walkway subject to a publicright-of-way as provided by this section shall be consistent with the hours permitted forthe on-sale license. A violation of any provision of Title 35 by an alcoholic beverage license holderconducting business on a sidewalk or walkway subject to a public right-of-way pursuant tothis section constitutes a violation of Title 35 as if the violation had occurred in oron the licensed premises.Source: SL 2008, ch 187, § 1. 24
    • City of Brookings Municipal CodeSidewalk Café Alcoholic Beverage SalesChapter 6Sec. 6-9. Sidewalk café alcoholic beverage sales and consumption regulations.(a) General provisions.(1) Any holder of an operating agreement, on-sale malt beverage license or on-sale winelicense may apply for a sidewalk café permit for the sale and consumption of alcoholicbeverages which the licensee is authorized to sell on a sidewalk or walkway subject to apublic right-of-way abutting a licensed premises, provided that the license holderderives more than 50 percent of its gross receipts from the sale of prepared food forconsumption on the licensed premises.(2) The sidewalk or walkway subject to a public right-of-way shall be immediatelyadjacent to and abutting the licensed premises.(3) This section does not apply to any federal-aid eligible highway unless approved inaccordance with the applicable requirements for the receipt of federal aid.(4) The hours of authorized sale and consumption on the sidewalk or walkway subject toa public right-of-way as provided by this section shall be consistent with the hourspermitted for the license held by the sidewalk café permittee.(5) A violation of any provision of Title 35 by an alcoholic beverage license holderconducting business on a sidewalk or walkway subject to a public right-of-way pursuant tothis section constitutes a violation of Title 35 as if the violation had occurred in oron the licensed premises.(b) Definitions. Sidewalk café. A sidewalk café is an outdoor area located on a public sidewalk orwalkway which is operated and maintained by an establishment, coffeehouse, tea shop,restaurant or bar.(c) Applicable procedure.(1) An application for a sidewalk café permit shall be filed with the city clerk. Thereshall be a one-time application fee of $100.00. The application shall include a site planwhich identifies the location of tables, chairs, umbrellas, trash receptacles, heatersand barricades. 25
    • City of Brookings Municipal Code (Cont.): Sidewalk Café Alcoholic Beverage Sales(2) a. The location of the sidewalk café must be directly in front of the businessoperating the café, 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 notimpede, endanger or interfere with pedestrian traffic, with a minimum width of six feetof unobstructed passage for pedestrian traffic on Main Avenue and a minimum width of fourfeet of unobstructed passage for pedestrian traffic on side streets.b. No fixtures or devices on which food or beverages are sold or consumed shall beattached to the sidewalk or other public area. The property owner is responsible for therestoration of the sidewalk or public right-of-way if any damage is caused by thesidewalk café. Physical barriers may not exceed four feet in height.c. Lighting for sidewalk cafés 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 sidewalkcafé.(3) All services provided to sidewalk café patrons as well as all patron activity mustoccur within the designated sidewalk café area. No alcoholic beverages may be stored ormixed in the sidewalk café.(4) The permit holder is responsible for proper supervision of the sidewalk café inorder to ensure the requirements of this section are met.(5) Every sidewalk café permit holder shall furnish a certificate of insurance provingcommercial insurance coverage of at least $1,000,000.00 for bodily injury, death,disability, and property damage liability. The City of Brookings shall be named as anadditional insured on a primary, noncontributory basis for any liability arising directlyor indirectly from the operation of a sidewalk café. In the event that the insurance iscancelled, the permit holder has 24 hours to reinstate the insurance or the permit shallbe revoked.(6) Permit holders must ensure that the requirements for operation are met. Theseinclude:a. Patrons must wear shoes and shirts at all times. 26
    • City of Brookings Municipal Code (Cont.): Sidewalk Café Alcoholic Beverage Salesb. All sidewalk cafés must maintain at least one opening for ingress and egress at alltimes. All sidewalk cafés shall abide by all requirements of the currently adoptedInternational Building Code and the Americans with Disabilities Act.c. To the extent applicable, sidewalk cafés must adhere to all regulations of the citypertaining to food and beverage service as set forth in section 74-40.(7) All areas within and surrounding a sidewalk café must be maintained in a clean,neat, and sanitary condition.(8) All permit holders shall be required to abide by all federal, state, and locallaws.(9) A sidewalk café permit may be revoked for failure to maintain the standardsrequired for the initial permit. A notice of intent to revoke a sidewalk café permitshall be given in writing ten days prior to actual revocation and shall specify the areaor areas of continued failure to meet requirements and maintain conditions the city mayhave imposed. If, during that period, proof of compliance is made by the holder of thepermit, the permit shall be continued in force.(Ord. No. 37-08, § I, 9-23-2008) Secs. 6-10--6-40. Reserved. 27
    • City of Brookings Municipal CodePlacement of Advertising, Décor, etc. on SidewalksChapter 74DIVISION 1.5. USE OF SIDEWALKS AND STREETS IN THE CENTRAL BUSINESS DISTRICTSubdivision A. Placement of Advertising, Decor, Merchandise and Articles on Sidewalks inthe Central Business DistrictSec. 74-34. Placement of goods and articles on sidewalk or street. No person shall place any advertising, decorative articles, merchandise, tables orother articles upon any sidewalk or street in the city unless otherwise permitted by thischapter, except that, for the purpose of loading or unloading, such articles may beplaced upon the sidewalk or street for such time as may be necessary to load or unloadthe same. In no instance shall any such articles be left upon the sidewalk or streetafter sunset and before sunrise in such a way as to obstruct the sidewalk.(Ord. No. 26-03, § I, 9-9-2003)Sec. 74-35. Definitions. [The following definitions shall apply when used in this subdivision:] Central Business District means the zoning district defined by that name in theZoning Ordinance of the City of Brookings. Merchandise includes goods and items for sale, including plants, flowers, wearingapparel, jewelry, ornaments, art work, household or office supplies, books, and othergoods or wares, but excludes food or beverages of any kind. Outdoor advertising and decorative structures includes, but is not limited to menuboards, benches, flower pots, portable signs. Outdoor merchandise area means an area in front of or adjacent to a retail businesswhere merchandise is located on a public sidewalk for the purpose of displaying,exhibiting, selling or offering merchandise for sale. 28
    • City of Brookings Municipal Code (Cont.): Placement of Advertising, Décor, etc. on Sidewalks Sidewalk means all that area legally open to public use as a pedestrian public waybetween the curb line and the public right-of-way boundary along the abutting property.(Ord. No. 26-03, § I, 9-9-2003)Sec. 74-36. Outdoor merchandise areas, outdoor advertising and decor permitted incentral business district. Outdoor sale of merchandise and placement of outdoor advertising and decorativestructures are permitted on sidewalks in the Central Business District by the owner oroperator of the business whose business is adjacent to the sidewalk upon which themerchandise, outdoor advertising or decorative structures are placed. Outdoor sale ofmerchandise and placement of outdoor advertising and decorative structures in the CentralBusiness District shall be subject to the regulations set forth in this subdivision.(Ord. No. 26-03, § I, 9-9-2003)Sec. 74-37. Regulations pertaining to outdoor merchandise areas, advertising and decorin the central business district.(1) Advertising, decorative structures, merchandise and fixtures or devices upon whichmerchandise is displayed shall be located so that they do not impede, endanger orinterfere with pedestrian traffic, with a minimum of six feet of passage for pedestriantraffic.(2) No fixtures or devices upon which outdoor merchandise is displayed shall beattached to the sidewalk or other public area.(3) Outdoor merchandise areas will be permitted only adjacent to the building orstructure in which the business is located. Outdoor merchandise shall not be permittednext to the curb of the street.(4) Outdoor advertising, decorative structures or merchandise and fixtures or devicesupon which merchandise is displayed shall not block regulatory signs, crosswalks orintersections and shall be sufficiently lit during times of low light in order to providefor safe pedestrian passage alongside the outdoor advertising, decorative structures ormerchandise. 29
    • City of Brookings Municipal Code (Cont.): Placement of Advertising, Décor, etc. on SidewalksAll displays of merchandise within the outdoor merchandise area must meet a minimumheight of 12 inches tall or be of sufficient size so that safe pedestrian traffic is notimpeded. All merchandise located within the area that outdoor merchandise is displayedshall be placed so that the outdoor merchandise and the fixtures or devices on which themerchandise is displayed are stable and not easily tipped and do not include sharp edges,protrusions or other features which may be hazardous to the public.(5) All merchandise and the fixtures or devices upon which the merchandise is displayedshall be moved inside the building wherein the retail business is located during hoursthe retail business is not in operation.(6) All merchandise and the fixtures, or devices upon which the merchandise isdisplayed must be secured so that it may not be dislodged during windy or stormy weatherprior to being moved inside the building wherein the retail business is located.(7) The owner or operator of the business displaying the outdoor merchandise shall beresponsible for the maintenance, upkeep and security of the fixtures or devices uponwhich the merchandise is displayed.(8) The owner or operator of the business displaying the outdoor merchandise shall beresponsible for keeping the outdoor merchandise area clean of garbage, trash, paper,cups, cans or litter associated with the operation of the outdoor merchandise area.(9) Signs attached to the outdoor merchandise fixtures shall be secured so that theyare not dislodged during windy or stormy weather.(10) Outdoor merchandise areas shall not contain any live animals.(Ord. No. 26-03, § I, 9-9-2003) 30
    • City of Brookings Municipal CodeOutdoor Food and Beverage Service in CBDChapter 74Subdivision B. Outdoor Food and Beverage Service and Diningin the Central Business DistrictSec. 74-38. Outdoor food and beverage service and dining areas permitted in centralbusiness district. Outdoor food and beverage service and dining is permitted on sidewalks in theCentral Business District by the owner or operator of the business whose business isadjacent to the sidewalk upon which the food and beverages are to be sold, served orconsumed. Outdoor sales and service of food, beverages and outdoor dining in the CentralBusiness District shall be subject to the regulations set forth in this subdivision.(Ord. No. 26-03, § II, 9-9-2003)Sec. 74-39. Definitions. [The following definitions shall apply when used in this subdivision:] Central Business District means the zoning district defined by that name in theZoning Ordinance of the City of Brookings. Outdoor dining area means an area on a public sidewalk in front of and adjacent toa business where food or beverages are sold, served or consumed. Sidewalk means all that area legally open to public use as a pedestrian public waybetween the curb line and the public right-of-way boundary along the abutting property.(Ord. No. 26-03, § II, 9-9-2003)Sec. 74-40. Regulations pertaining to outdoor food and beverage service and dining areasin the central business district.(1) No person shall sell or serve food or beverages or permit outdoor dining on asidewalk in the Central Business District unless they comply with the requirements ofthis subdivision. 31
    • City of Brookings Municipal Code (Cont.): Outdoor Food and Beverage Service in CBD(2) No alcoholic beverages may be sold, served or consumed on a sidewalk unless alicense has been issued pursuant to applicable law.(3) Outdoor food or beverage sales and outdoor dining shall be located so that suchservice and dining does not impede, endanger or interfere with pedestrian traffic.Tables, chairs, benches and food and beverage carts and equipment shall be located sothat they do not impede, endanger or interfere with pedestrian traffic, with a minimum ofsix feet of passage for pedestrian traffic.(4) No fixtures or devices on which food or beverages are sold or consumed shall beattached to the sidewalk or other public area.(5) Outdoor food or beverage sales and outdoor dining will be permitted only adjacentto the building or structure in which the business providing the outdoor food andbeverage service is located. No tables, chairs, benches and food and beverage carts orequipment shall be permitted next to the curb of the street.(6) Tables, chairs, benches and food and beverage carts and equipment shall not blockregulatory signs, crosswalks or intersections and shall be sufficiently lit during timesof low light in order to provide for safe pedestrian passage alongside the outdoor diningarea. All tables, chairs, benches and food and beverage carts and equipment shall nothave sharp edges, protrusions, or other features which may be hazardous to the public.(7) All tables, chairs, benches and food and beverage carts and equipment used for foodand beverage sales or consumption shall be moved inside the building wherein the businessis located during hours the business is not in operation, unless the tables and chairsare secured to the building or secured together with a cable in a preapproved fashion.(8) All tables, chairs, benches and food and beverage carts and equipment used for foodand beverage sales or consumption must be secured so that they may not be dislodgedduring windy or stormy weather.(9) The business owner or operator who conducts outdoor food or beverage sales andoutdoor dining shall be responsible for the maintenance, upkeep and security of alltables, chairs, benches and food and beverage carts and equipment used for food orbeverage sales and outdoor dining. 32
    • City of Brookings Municipal Code (Cont.): Outdoor Food and Beverage Service in CBD(10) The business owner or operator who conducts outdoor food or beverage sales andoutdoor dining shall be responsible for keeping the outdoor merchandise area clean ofgarbage, trash, paper, cups, cans or litter associated with the operation of the outdoordining area.(11) Signs used to advertise to the outdoor food or beverage sales and the outdoordining area shall be secured so that they are not dislodged during windy or stormyweather.(Ord. No. 26-03, § II, 9-9-2003)Secs. 74-41--74-60. Reserved. 33