§ 58-71. Sidewalk cafe with alcohol permit.

(a)

Permit conditions. The city clerk may issue to an adjacent food service establishment a revocable sidewalk cafe with alcohol permit to occupy a portion of adjacent city right-of-way to place tables and chairs, planters and windscreens adjacent to the tables and chairs in conjunction with selling and consuming food and alcoholic beverages, provided the following terms and conditions are met:

(1)

The business regularly closes on all nights no later than 11:00 p.m.

(2)

Service of alcohol at the sidewalk cafe does not violate any state, federal or local laws, promulgated rules, or policies or executive orders of the city.

(3)

A barrier shall surround the sidewalk cafe. Generally the barrier shall be 36 inches or less in height. The barrier may be required to be removed when the establishment closes each day or other specified times, or be in a fixed location only to be removed at the end of the permit period.

(4)

The business must post a sign in a prominent location that is one square foot that indicates "No beverages beyond the barrier of this Sidewalk Cafe." Specifically, the sign shall be posted within the perimeter of the sidewalk cafe.

(5)

Liquor may not be served beyond 11:00 p.m.

(6)

Prohibitions. The occupancy must not:

a.

Interfere with the use of the right-of-way for pedestrian or vehicular travel.

b.

Unreasonably interfere with the view, access to, or use of property adjacent to said street.

c.

Reduce the pedestrian travel area of any sidewalk to less than that required in the American with Disabilities Act. The pedestrian travel area shall not include trees, bushes, walls, parking meters, fire hydrants, tree grates or any other fixtures permanently located in the right-of-way.

d.

Cause damage to the street or sidewalk or to trees, benches, landscaping, or other objects lawfully located in the right-of-way. Any anchoring system to secure an item to the sidewalk shall be approved by the city manager in writing prior to installation.

e.

Cause a violation of any state or local laws.

f.

Be principally used for off-premises advertising. All signs must conform to the sign ordinance.

g.

Conceal or detract from the appearance of landscaping features in or adjacent to the street.

h.

Be in or adjacent to property zoned exclusively for residential purposes.

i.

Be attached to or reduce the effectiveness of or access to any utility pole, sign or other traffic control device.

j.

Cause increased risk of theft or vandalism.

k.

Violate regulations adopted by the city manager pursuant to this Code.

l.

Obstruct or interfere with any accessible parking or loading spaces and accessible routes to buildings.

m.

Sell or serve food, beverages or other merchandise to customers in vehicles parked adjacent to or nearby the public right-of-way and sidewalk.

(7)

Notice. Notice to the adjacent property owners or occupants on both sides of the applicant's property shall be required before issuing a permit to occupy any right-of-way area between the edge of the vehicle use area of the right-of-way and the right-of-way property line.

(8)

Fee. Prior to the issuance of a permit, a fee in an amount established by resolution of the city council shall be paid to the city clerk. This fee shall be tripled if any such occupancy occurred prior to the issuance of a permit.

(9)

Insurance. The permittee shall show proof of and maintain comprehensive general liability insurance and liquor liability insurance and have the City of Iron Mountain as an additional named insured. The amount of such insurance shall be determined by the city clerk.

(10)

Food service establishment. Food service establishment shall be defined in accordance with its meaning in the Food Law of 2000, as amended, MCLA 289.1101.

(11)

Regulations. The city manager may adopt an executive order controlling the occupancy pursuant to a sidewalk cafe with alcohol permit.

(b)

Duration. Permits shall be valid only for the period of time specified on such permit. Permits shall not be issued for any period starting before April 1, and extending beyond November 1, for the year in which such permit is granted.

(c)

Permit review. The application for a sidewalk cafe with alcohol permit shall include an elevation drawing for the barrier and a plot plan for the barrier and the cafe's location. Such application documents shall be reviewed by the city director of planning and community development prior to the issuance of such permit. It shall be approved only if the location, barrier, materials and design are in accordance with any the City of Iron Mountain Comprehensive Plan, this section and any applicable ordinances, laws, or policies.

(d)

Display. A permit shall only be valid if displayed in a manner visible to the public.

(e)

Permit revocation. Any permit may be revoked by the city clerk upon a finding that the occupancy does not meet the standards of this Code, any other provisions of this Code, or other applicable law or regulation, or that the right-of-way is needed for other street or utility purposes. Upon such revocation, the fee paid for any period after termination of the street occupancy shall be fully or partially refunded depending on duration of occupancy.

(f)

Appeal. Persons who are refused a permit or have had their permit revoked may request in writing a hearing on that determination before the city manager. The decision of the manager may be appealed to the city council. Requests for a hearing or an appeal must be made within five days of the questioned decision.

(g)

Appearance tickets. The police chief and the appointed officers of the police department, or such other officials as are designated by the city manager, are hereby authorized to issue and serve appearance tickets with respect to a violation of this chapter pursuant to Section 1 of Act 147 of the Public Acts of 1968, as amended, MCLA 764.9c(2). Appearance tickets shall be in such form as determined by the city attorney and shall be in conformity with all statutory requirements.

(h)

Violations. A person who violates this section is responsible for a misdemeanor. See City of Iron Mountain Ordinances, section 1-15.

(Ord. of 5-7-07)