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HomeMy WebLinkAboutSW Cafe Application - Initial Application is valid for 6 (six) months after date of submission. December 2022 SIDEWALK CAFÉ APPLICATION (Cafés Located within Public Right-of-Way) Page 2 of 10 **Part I** ESTABLISHMENT INFORMATION Sidewalk Café Definition: A sidewalk café is an outdoor area located temporarily on a public right of way, pursuant to an agreement, contiguous with any side of a building wherein a restaurant is located and where food and beverages are taken for consumption by persons sitting or standing at tables in that area.. [10-3-1 City Code] In order to be eligible to operate a sidewalk café, an establishment must meet all of the criteria noted below in order to meet the definition of Restaurant as defined by City Code. Please indicate if your establishment complies with the following: • Prepares meals on the premises and provides meal service to each floor of the premises which is open to the public while the kitchen is open YES NO • Has a food service menu from which customers may order. YES NO • Has an employee whose primary duty is the preparation of food and an employee whose primary duty is to serve food to customers YES NO • Has a kitchen separate from the bar equipped with all of the following: a stove, a griddle, a grill or broiler, and a food refrigeration unit with a capacity in excess of twenty (20) cubic feet. YES NO • Operates the restaurant service during at least sixty percent (60%) of the hours that the business is open to the public. YES NO • Holds itself out to be a restaurant and advertises itself as a restaurant if it advertises. YES NO • Or is a café, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom or tearoom. YES NO Applicant Name (Corporation Name): Doing Business As: Phone # Establishment Street Address: Contact Person: Phone # Mailing Address: E-mail Address: Property Owner: Page 3 of 10 **Part II** DESIGN SUBMITTAL REQUIREMENTS See Sidewalk Café Policy for Additional Information A. INTERIOR DIAGRAM Submit an interior diagram that specifically shows restrooms, including the fixtures, exits/entrances, seating area, bar, and the kitchen which is separated from the bar and equipped with a stove, griddle, grill or broiler, and a food refrigeration unit with a capacity in excess of twenty (20) cubic feet. Occupant load is required to determine that existing exits are conforming and to confirm that the number of restroom plumbing fixtures are adequate to accommodate the existing and proposed occupants. Therefore, based on the Interior Diagram, the occupant load shall be calculated as follows: Length of Bar: l.f.  2’ = occupant load Booths**: l.f. x 12  24” = occupant load Dining Area: s.f.  15 = occupant load Kitchen Area: s.f.  200 = occupant load Sidewalk Café Area: s.f.  15 = occupant load Dance Floor Area: s.f.  7 = occupant load Total Occupant Load: =  2 = (total # of male and female occupants). Refer to Part VII-Information Page for fixture requirements based on occupant load. ** The occupant load shall be based on one (1) person for each twenty-four inches (24”) of booth length. B. TYPE OF DELINEATION Please indicate the type of delineation proposed for the sidewalk café: Temporary Fencing** - (fencing removed each evening) May be utilized the first year of operation only. (See Paragraph C-1 & C-2 below) Anchored Durable Fencing - (fencing bolted to pavement and platform surfaces) Can be utilized March through November (See Paragraph C-1 & C-3 below) Non-Anchored Durable Fencing - (mandatory for cafes on Washington Street and Pedestrian Mall) Can be utilized March through November (See Paragraph C-1 & C-3 below) Planters - (free standing - removed each evening) Can be utilized year-round with removal each evening (See Paragraph C-1 and C-2 below) Planters - (interlocked - can remain overnight) Can be utilized March through November (See Paragraph C-1 & C-2 below) Minor Cafe - (no fencing required – tables and chairs must be removed from sidewalk each evening) Only available for those establishments without a liquor license. Restricted to no more than two bistro tables with 2 chairs at each table. (See Paragraph C-1 below) ** Temporary Fencing may only be utilized the first year of use to determine if the sidewalk café if financially feasible. For the second and subsequent years, durable fencing or planter delineation must be utilized. Temporary fencing and free-standing planters may be utilized during the months of December through February when durable fencing and interlocked planters are not allowed, however, they must be removed each evening. Page 4 of 10 C. EXTERIOR DIAGRAM 1. All Delineation Types - Exterior diagram must contain the following information: a. Café may not extend beyond the border of the establishment storefront extended. b. Detail location/distance of café in relation to the premise and area amenities such as buildings, vaults/chutes, bike racks, planters, curb line, trash receptacles, etc. c. Dimensions of café and any openings within café and premise (i.e. entrances/exits). d. Designation of Pedestrian Walkway 1) An unobstructed eight feet (8’) pedestrian walkway around proposed café must be maintained. The 8’ pedestrian walkway shall be measured from the nearest amenity to the edge of the sidewalk café. If nearest amenity is a tree, the dimension shall be from the outer edge of the tree ring at the paved surface. 2) If sidewalk café is located within the City Plaza area, the clearance required is a 6’ walkway from building to café (if café is removed from storefront) and a 6’ walkway adjacent to a raised planters. No walkway is necessary around other amenities. 3) The 8’ walkway is not required if the sidewalk café does not extend into or encompass in any manner the existing sidewalk and does not impede pedestrian traffic. The café may not impede on the sidewalk in any manner if less than 8’. e. The sidewalk café may not encompass any public amenities, with the exception of trees, tree rings and light poles. If trees, tree rings or light poles are encompassed, the cafe may not interfere with the care, maintenance or operation of the items. f. The location of tables and chairs within the sidewalk café. A minimum seating clearance of 31” from table’s edge to the wall, stair nosing or other obstruction and 50” from table’s edge to table’s edge. (Add ½” of width for each foot that the farthest chair exceeds 12’ to an aisle or exit). g. If café is located adjacent to an alley, the café must be placed at least ten feet (10’) from the alley, or, two feet (2’) away from the alley if fencing is less than 20% solid. If café is located on a street corner, the café shall not be situated beyond the area defined by the building lines extended to the street. h. No blockage of building entrances or exits may occur. i. Schematic design of fence including proposed type and design of fence material and height of fence - maximum height of 3’, excluding finials. (not applicable to Minor Cafes) 2. Planter Delineation and Temporary Fencing - In addition to 1. above, exterior diagram must contain the following information within the drawing: a. Temporary Fencing. Acceptable methods of delineation include, a lowered taut rope/chain or ribbon stanchion. Other methods of delineation will be considered as submitted. b. Planter delineation. Planters are to be no higher than 36”, excluding plantings and shall include a lower detectable barrier no higher than 27” from the sidewalk surface. If planters are not interlocked, the spacing between each planter shall be no greater than twelve inches (12”). Page 5 of 10 c. Delineation must include a detectable barrier located at base of sidewalk café perimeter which must be shown on diagram (i.e. planters). Space between barriers shall not be greater than twelve inches (12”). This delineation is to provide a detectable barrier for those individuals who are visually impaired. 3. Anchored Fencing - The diagram must be professionally drawn and stamped by a Professional Engineer or Architect. In addition to 1. above, exterior diagram must contain the following information within the drawing: a. Schematic design of fencing shall also include the anchoring system and location of anchors. The anchoring system must utilize a sleeve. b. Detail of proposed gates, if applicable, including location, size and design. c. Detail of how anchoring system will be maintained during winter months while fencing is removed to temporarily eliminate holes within the sidewalk which can pose a hazard to pedestrians and accumulate debris. 4. Structure on top of Public Right-of-Way or Street Parking Space (if applicable) - If applicant proposes to place a structure on top of the sidewalk in order to level out the sidewalk café area, the exterior diagram must also contain the following information within the drawing (in addition to 1. above): a. Schematic design of proposed structure, including proposed construction drawings, dimensions including area & height of structure and proposed materials. b. Information verifying that design meets all relevant ADA and City Code requirements. c. All structures utilized for sidewalk café must also install anchored fencing around the perimeter of the structure (See Paragraph C-3 above). 5. Structure within on-street Parking Space (if applicable) - If applicant proposes to place a structure within an on-street parking space, the following additional guidelines shall apply (in addition to 1. above): a. Structure may be placed within the on-street parking space from April 15 until the Monday after the last University of Iowa home football game. b. Information verifying that design meets all relevant ADA and City Code requirements. c. All structures utilized for sidewalk café must also install anchored fencing/planters around the perimeter of the structure (See Paragraph C-3 above). 6. Non-Contiguous Cafes (if applicable) - All cafes with an alcohol license that are not contiguous with the building must specify a 5’ wide connection to the building and include the area in the square footage calculation to satisfy requirements of the Alcoholic Beverage Division. Page 6 of 10 **Part III** OTHER SUBMITTAL REQUIREMENTS A. Certificate of Insurance Along with your application, a Certificate of Insurance must be submitted. The Certificate of Insurance shall contain an endorsement acknowledging and covering use of the public right-of- way as a sidewalk café and shall contain at least the minimum coverage amounts shown below. Per Occurrence Aggregate 1) Comprehensive General Liability Bodily Injury & Property Damage $1,000,000 $2,000,000 2) City of Iowa City shall be named an additional insured 3) Certificate shall specify that it covers the sidewalk café. 4) Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. B. Amenity Approval Provide a complete description of proposed amenities. These submittals should include color pictures or illustrations of all furniture, fencing (temporary and/or anchored), any detectable barriers if utilizing temporary fencing and planters. C. Outdoor Service Area Authority (Establishments with Liquor Licenses) If the establishment has a Liquor License, it will be necessary to secure authorization from the State of Iowa to utilize an outdoor service area. Application for this authorization is obtained through Alcoholic Beverage Division website. If assistance is needed, please contact the City Clerk’s office at 319-356-5142. Page 7 of 10 **Part IV** FEES Minor Cafe Annual Fee Limited to 2 bistro tables with 2 chairs at each table. If establishment has a liquor license, they are not eligible for a Minor café $25 for Minor Café = $ Regular Sidewalk Cafe Annual Fee Size of Sidewalk Café: sq. ft. x $5.00 per sq. ft. = $ Other Annual Fees (if applicable): Structures placed on sidewalk or street (such as a platform) and/or city owned planters require an additional annual fee of $5 per sq. ft. Size of Structure Area: sq. ft. x $5.00 per sq. ft. = $ Deposit (if applicable): Structures placed on public right-of-way that are removed seasonally requires a one-time deposit of $500 $ OR Sidewalk cafes located on City owned planters, concrete structure or other year-round structure requires a one-time deposit of $1,000 $ TOTAL DUE PAYABLE TO CITY OF IOWA CITY* $ *Please submit a check along with the application for the total amount Page 8 of 10 **Part V** SIGNATURE Based on the information contained within this application, an Easement Agreement will be drafted for your signature. In addition, the Easement Agreement will require the Landlord’s signature. An application which is incomplete or which does not contain accurate information shall be grounds for rejection of the application. Please note the applicant’s signature must be notarized. I am an authorized representative of the establishment requesting permission to construct a sidewalk café within public right-of-way. All information contained within the application is an accurate representation of the establishment’s existing conditions and of the proposed sidewalk café. Application is for a: Café located on a Sidewalk ⃣ Café located on a Structure ⃣ Café located in Street Parking Area ⃣ Minor Café ⃣ Applicant Signature STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _________ day of ______________________, 20____, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared ________________________________________, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that (he/she/they) executed the same as (his/her/their) voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: Page 9 of 10 **Part VI** APPLICATION SUBMITTAL CHECKLIST The following is a summary of items that are to be submitted as part of the Sidewalk Café Application: Application Packet (Signed and Notarized) Menu Sample (See Part I) Advertisement Sample (See Part I) Interior Diagram(See Part II) – not required for Minor Cafes Exterior Diagram (See Part II) Certificate of Insurance (See Part III) Pictorial Samples of All Amenities (i.e. tables, chairs, fencing, barriers, planters) (See Part III) Documentation of Application for Outdoor Service Area Authority from State of Iowa (See Part III) - Liquor license holders only Check Payable to City of Iowa City - Amount will be determined by City during review of application Please note that if any of the above items are missing or deficient in any manner according to the instructions, the application will be considered incomplete. An e-mail or letter will be sent to the applicant notifying them of the deficient items. Each application will be reviewed on its own merit and is site specific. Page 10 of 10 **Part VII** INFORMATION PAGE DO NOT RETURN WITH APPLICATION Fixtures Per Person1 Type of Building or Occupancy Water Closets/Urinals2 Lavatories Male Female Male Female Restaurant in association with an eating establishment 1 per 75 1 per 75 1 per 200 Restaurant in association with a drinking establishment 1 per 40 1 per 40 1 per 75 1 If additional fixtures are required to be installed and existing fixtures do not meet handicap accessibility requirements, then at least one of the new added fixtures in each restroom will be required to meet handicap accessibility requirements. 2 Whenever urinals are provided, the total number of fixtures required may be a combination of water closets and urinals. The number of urinals shall not substitute for more than sixty seven percent (67%) of the required water closets. Application Process ❖ Please allow a minimum of 2 weeks for the approval process. ❖ If additional information/clarification is necessary, an e-mail or letter will be sent to applicant with conditions and/or requests for further information. ❖ When application has met the qualifications according to the Sidewalk Café Policy, a Sidewalk Café Agreement is drafted and forwarded to applicant to obtain applicant’s and property owner’s notarized signatures. In addition, applicant will be notified of the annual fee based on the size of café. ❖ Upon receipt of signed and notarized Agreement, Agreement is approved and signed by the Public Works Director. ❖ After the Agreement is executed by all parties, the sidewalk café may be constructed. The installation must be coordinated with the Engineering Division (319-356-5140).