Chapter 765: Sidewalk Cafes

Sections

765.01   Intent

The purpose of this chapter is to permit and encourage sidewalk use that is compatible with other public uses of the public sidewalk. The Village finds that sidewalk cafes encourage a pedestrian-oriented environment, help to create a visually attractive atmosphere and promote overall commerce. Regulations and standards for the existence and operation of sidewalk cafes are necessary to facilitate and ensure a safe environment in these areas. The issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the Village of its interest in the right-of-way or any easements contained therein.
(Ord. 2007-23. Passed 3-26-07.)

765.02   Definitions

  1. (a) “Abutting property owners and occupants” means any owner or occupant of property which abuts the subject sidewalk cafe site excluding public right- of-way.

  2. (b) “Adjacent sidewalk area” means that portion of the public sidewalk between the curb line and the property line demarcated by extending the side building lines of the premises until they intersect the curb.

  3. (c) “Sidewalk cafe” means a place serving food or beverage from a restaurant or other retail establishments with ancillary food service to patrons seated at tables located within the adjacent sidewalk area or providing seating for patrons in the adjacent sidewalk area. In the case of a permittee in possession of a valid license for the sale of alcohol beverages covering such sidewalk, the service of such beverages is permitted.
    (Ord. 2007-23. Passed 3-26-07.)

765.03   Permit required

Private commercial use of public sidewalks for the purpose of operating a sidewalk cafe in the Village is prohibited unless a permit is obtained from the Administrator as provided in this chapter.
(Ord. 2007-23. Passed 3-26-07.)

765.04   Application and permit fees

The initial application and annual permit fee shall be twenty dollars ($20.00) and is due at the time of the initial application. No application fee shall be required for renewals.
(Ord. 2007-23. Passed 3-26-07.)

765.05   Permit application

Application for a permit to operate a sidewalk cafe shall be made to the Administrator on a form provided. The request for permit shall contain:

  1. (a) A completed application;

  2. (b) A fully dimensioned scale site plan of the area for the proposed sidewalk cafe;

  3. (c) A certificate of insurance and endorsement form; and

  4. (d) The location and description of any tables, materials or equipment requested to be in the right-of-way.

  5. (e) Other information shall be provided as required by the Administrator or Police Chief to carry out the purpose of this chapter.
    (Ord. 2007-23. Passed 3-26-07.)

765.06   Location rules and review criteria

The Administrator shall review the application for its compliance with the following criteria:

  1. (a) The operation of a sidewalk cafe is limited to structures which are sited within ten feet of a public sidewalk, and which are located in the Retail Business and Central Shopping Districts.

  2. (b) The operation of a sidewalk cafe shall be located such that the café seating area shall extend no more than three feet from the face of the building. Building entrances or exits shall not be obstructed.

  3. (c) The sidewalk cafe may only be located in the adjacent sidewalk area to a permitted use, but may extend in front of adjacent businesses with the written consent of both the property owner and the business owner, subject to review and approval of the Administrator.

  4. (d) The sidewalk cafe shall be located five feet from driveways and alleys, and ten feet from intersections.

  5. (e) The location of the sidewalk cafe shall be as approved by the Administrator and shall be exempt from Section 1141.02 requiring off street parking.

  6. (f) The Administrator shall forward all applications for review by the Police Chief for any business which holds a valid liquor license, or in which alcoholic beverages are intended to be served.

    1. (1) The Police Chief upon review of the application will sign the application indicating approval of the permit, or;

    2. (2) Approve the permit with conditions, or;

    3. (3) Deny the permit. If denied the Police Chief shall transmit in writing the reasons for denial to the applicant.
      (Ord. 2014-17. Passed 4-28-14.)

765.07   Conditions of permit

In addition to the requirements of Sections 1137.05(a) and 1138.05(a), all sidewalk cafe permit holders shall be subject to the following;

  1. (a) Each permit issued shall be valid for the calendar year in which it is issued, and the sidewalk cafe may be operated on any day that the weather permits such operation. Requests for renewals shall be filed with the Administrator after the first day of January. The Administrator may approve, approve with additional conditions, or deny the request for renewal.
    (Ord. 2009-22. Passed 3-23-09.)

  2. (b) The permit issued shall be valid only for the permittee and is not transferable in any manner.

  3. (c) The permit may be temporarily suspended by the Administrator if the public interest requires use of the right-of-way for a public event, construction, repair, or any other public purpose.

  4. (d) The permit is specifically limited to the area approved or as modified by the Administrator, and will include a diagram indicating the area approved for the sidewalk cafe and the location of any tables, materials or equipment permitted to be in the right-of-way.

  5. (e) The sidewalk and all things placed there shall at all times be maintained in a clean and orderly condition. Only those items authorized by the permit and shown on the diagram may be stored in the public right-of-way when the sidewalk cafe is not in operation. Should the permittee not utilize the sidewalk as authorized for a period of 48 hours or more, all the tables and materials shall be removed therefrom.

  6. (f) The permittee shall clear any litter from the public sidewalk in the area of operation of a sidewalk cafe at the close of business and provide additional trash containers as specified by the Administrator.

  7. (g) No signs shall be attached to any furniture, umbrellas, awnings, or other structure related to the operation of the sidewalk cafe.

  8. (h) Sidewalk cafes shall be continuously supervised by employees of the establishment and may be occupied only during the hours of operation of the establishment.

  9. (i) Sidewalk cafes shall meet all requirements of the Cuyahoga County Health Department.

  10. (j) Tables, chairs, and other materials associated with the sidewalk cafe shall be kept free of litter and other debris at all times. Where establishments provide take-out or selfservice, an adequate number of employees must be maintained to clear sidewalk cafes on a regular basis. Sidewalk and flooring areas must be cleaned daily, including adjacent sidewalk areas.

  11. (k) The Village of Chagrin Falls has the right to repeal or amend this chapter and thereby terminate or modify all sidewalk cafe operations. No permittee shall obtain any property right in the continued private commercial use of the public sidewalk.

  12. (l) Businesses which intend to serve alcoholic beverages at a sidewalk cafe must meet the following additional requirements

    1. (1) The business shall hold a valid Ohio Liquor Control Commission liquor license.

    2. (2) Storage of containers commonly used for dispensing alcoholic beverages to customers including but not limited to bottles, pitchers, and carafes must be kept inside the business. No taps, kegs, coolers, or other alcoholic beverage storage devices are allowed outside on the sidewalk.

    3. (3) Sidewalk cafes where alcoholic beverages are served and consumed require supervision by employees of the license business, as required by the Ohio Department of Liquor Control liquor license.

    4. (4) All service and consumption of alcoholic beverages at sidewalk cafes shall discontinue by 11 p.m.

    5. (5) All alcoholic beverage service providers must also provide food service in the licensed area.
      (Ord. 2007-23. Passed 3-26-07.)

765.08   Liability and insurance

Prior to the issuance of permit, permittee shall:

  1. (a) Furnish a signed statement, with the application, that the permittee shall defend, indemnify and hold harmless the Village, its officers and employees, from any and all claims for damages to property or injury to persons which may occur in connection with an activity carried on under the terms of the permit.

  2. (b) Each sidewalk cafe permit holder shall provide proof of liability insurance in the form of a certificate of insurance with limits no less than five hundred thousand dollars ($500,000) per occurrence, one million dollars ($1,000,000) aggregate and the Village of Chagrin Falls is named on the certificate as additionally insured as a condition of the permit.
    (Ord. 2007-23. Passed 3-26-07.)

765.09   Denial, revocation, or suspension of permit

The Administrator may deny, revoke, or suspend the permit upon finding that any provision of this chapter or condition of approval has been violated. Upon denial, revocation, or suspension the Administrator shall give notice of such action to the applicant or permittee in writing stating the action that has been taken and the reason therefor. The action shall be effective immediately. The applicant or permittee may appeal the order of the Administrator as provided in 1111.02.
(Ord. 2007-23. Passed 3-26-07.)

765.99   Penalty

Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor of the first degree. Each day such violation continues shall constitute a separate offense.
(Ord. 2007-23. Passed 3-26-07.)