HomeMy WebLinkAboutOrdinance No. 1785, Revisions to Chapter 12.22 of BMC, Downtown Sidewalk Encroachment permit program.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Allyson C. Bristor, Associate Planner
Rick Hixson, City Engineer
Chris Saunders, Interim Planning Director
Chuck Winn, Assistant City Manager
Chris Kukulski, City Manager
SUBJECT: First Reading Ordinance 1785, amending Chapter 12.22 of the BMC,
“Downtown Sidewalk Encroachment Permit Program,” to allow for non-
substantial, substantial, and exclusive uses in public right-of-way of the
Downtown Business District.
MEETING DATE: April 19, 2010
AGENDA ITEM TYPE: Action.
RECOMMENDATION: Consider the presented draft Ordinance 1785 and supplemental
information and a) approve the Staff recommended clarifications and enhancements related to
the existing “Downtown Sidewalk Encroachment Permit Program” and b) decide whether the
introduction of substantial encroachment in public right-of-way of the Downtown Business
District is desirable and approvable.
BACKGROUND: The City Commission directed the preparation of revisions to the City’s
“Downtown Sidewalk Encroachment Permit Program,” of Chapter 12.22 BMC that would allow
a) clarifications and enhancements (a.k.a. clean-up) related to the existing “Downtown Sidewalk
Encroachment Permit Program” (shown in red text in the draft ordinance) and b) the introduction
of substantial encroachments in public right-of-way of the Downtown Business District (shown
in blue text in the draft ordinance). City Staff reviewed the current encroachment program and
suggested ways for improvement. Staff investigated the physical and fiscal implications for all
types of encroachments (non-substantial, substantial, and exclusive use) and also considered the
appropriate length of term. Draft Ordinance 1785 is attached to this memo for Commission
consideration.
City Staff recommends the revisions shown in red text be adopted by the City Commission.
These clean-up revisions provide further clarification to the program’s definitions (Section
12.22.020 of the ordinance), including the identification of “non-substantial encroachments.”
“Non-substantial encroachments” are defined as “encroachments occurring upon the public right
of way of the Downtown Business District that are temporary and mobile in nature and do not
modify the material components of the public right of way.” Examples include sandwich board
signs, vending food carts, retail display areas and tables and chairs for a seating area. The
revisions also added a definition and permit requirements for “exclusive-use,” which is “any act
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undertaken by a private entity upon the public right of way of the Downtown Business District
that excludes the public from their normal use and enjoyment of the public right of way.” Table
and chairs used for the customers of a restaurant (defined as “sidewalk café” in Section
12.22.020 of the ordinance) is a type of exclusive use. However, table and chairs that are not
surrounded by a fence or partition are exempt from the exclusive use requirements and are rather
reviewed under the provisions for non-substantial encroachment (Section 12.22.080.C of the
ordinance). Table and chairs surrounded by a fence or partition must abide by the exclusive use
requirements (Section 12.22.080 of the ordinance). The clean-up revisions also established a fee
for permits issued for private use of the public-right-of-way (read the “Unresolved Issue” section
below for a detailed description of the recommended fees).
The revisions shown in blue text introduce the definition and approval requirements of
“substantial encroachment” in public right-of-way of the Downtown Business District (Section
12.22.060 and 12.22.070 of the ordinance). “Substantial encroachment” is defined as “any
encroachment that creates a permanent physical reduction in existing asphalt width to streets in
the Downtown Business District except for intersection curb bulbs installed for traffic calming or
pedestrian safety purposes.” Staff is asking the Commission to decide whether or not this type of
substantial impact and modification to downtown right-of-way is appropriate and desirable.
The issue of substantial and long-term encroachment of downtown right-of-way was first
considered by the City Commission at the February 1, 2010 public hearing. The issue was
further considered and discussed by the City Commission at the March 4, 2010 public policy
meeting and the March 29, 2010 public hearing.
UNRESOLVED ISSUES: The issue primarily discussed during the City Commission public
hearing was that of an appropriate fee for the use of the public right-of-way. The fees are
discussed in Section 12.22.140 of the ordinance. Staff is recommending the Commission adopt a
fee of $10.00 for the issuance of a non-substantial encroachment permit. Staff is recommending
the Commission adopt a fee calculation for the issuance of an exclusive use permit. The
calculation considers the square-foot area of the use, the land value of the adjacent property (as
determined by the Montana Department of Revenue appraisals) and the number of months the
use is occurring. A 10% multiplier is applied to the calculation. Both permits require annual
renewal.
Substantial encroachments do not have a permit fee. Rather, the authorized application fee for
the Title 18 review is required. If a substantial encroachment requires the loss of on-street
parking, an additional fee is charged based on the number of parking spaces lost. Each lost space
is valued at $5,000.00, which is consistent with the city’s current B-3 zoning district cash-in-lieu
program. Two options are available to pay the cash-in-lost amount. The first is to pay the
$5,000.00 per space immediately up front. The second is to pay the $5,000.00 per space over a
period, no more than ten years. Interest will be charged at a rate equal to the current yield of the
10-year US Treasury Note at the time the space is eliminated against a $5,000 principal.
ALTERNATIVES: City Staff presents four alternatives for consideration:
1) Leave the current text of the “Downtown Sidewalk Encroachment Permit Program” as it
currently exists and do not perform edits.
2) Approve the Staff recommended clarifications and enhancements related to the
“Downtown Sidewalk Encroachment Permit Program” as shown in the red text in the
attached draft ordinance.
3) Approve the Staff recommended clarifications and enhancements related to the
“Downtown Sidewalk Encroachment Permit Program” as shown in the red text in the
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attached draft ordinance AND the addition of substantial encroachment as shown in blue
text in the attached draft ordinance.
4) Approve the Staff recommended clarifications and enhancements related to the
“Downtown Sidewalk Encroachment Permit Program” as shown in the red text in the
attached draft ordinance with exception to the proposed fee calculation for exclusive use
and instead determine an appropriate flat fee for exclusive use.
FISCAL EFFECTS: If the Commission chooses to adopt the presented revisions, new
application fees will be enacted by the City of Bozeman. Additionally, an increase in staff time
to review the permits is projected.
Attachments: Draft Ordinance 1785
Downtown property value table
Sample cash-in-loss amortization
Examples of sidewalk café/encroachment permits
and code language from other cities
Report compiled on: April 14, 2010
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ORDINANCE NO. 1785
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING CHAPTER 22 OF TITLE 12, DOWNTOWN SIDEWALK
ENCROACHMENT PERMIT PROGRAM, OF THE BOZEMAN MUNICIPAL CODE
TO ALLOW FOR NON-SUBSTANTIAL, SUBSTANTIAL AND EXCLUSIVE USES IN
PUBLIC RIGHT-OF-WAY OF THE DOWNTOWN BUSINESS DISTRICT.
WHEREAS, the City of Bozeman has adopted a growth policy identifying the
Bozeman downtown area as important to community character and economic development
policy; and
WHEREAS, the City of Bozeman has adopted a downtown Bozeman neighborhood
plan identifying Bozeman’s historic core as unique for the region and should be used to increase
economic competiveness; and
WHEREAS, the City of Bozeman has adopted a Downtown Sidewalk Encroachment
Permit Program which regulates and controls private uses and encroachments occurring upon
public rights of way sidewalk businesses and advertising in the Downtown Business District;
and
WHEREAS, the City of Bozeman has adopted a Downtown Sidewalk Encroachment
Permit Program that is fair and equitable and that will enhance the overall appearance, ambiance
and environment of in the Downtown Business District; and
WHEREAS, the City of Bozeman has adopted a Downtown Sidewalk Encroachment
Permit Program that serves and protects the health, safety and welfare of the general public; and
WHEREAS, at its public hearing, the City Commission found that the proposed
Bozeman Municipal Code amendment would be in compliance with applicable statutes and
would be in the public interest.
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NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, upon a vote of ____ to ____, that:
Section 1
Chapter 12.22 of the Bozeman Municipal Code be amended as follows:
12.22.010 Purpose and Intent.
It is the intent of the City Commission, in enacting this ordinance to:
A. Serve and protect the health, safety and welfare of the general public;
B. Establish a uniform set of rules and regulations for Regulate and control private uses and
encroachments occurring upon public rights of way sidewalk businesses and advertising in the
Downtown Business District of the City of Bozeman by establishing distinct criteria to permit
and/or approve Non-Substantial Encroachments, Substantial Encroachments, and Exclusive Uses
as defined under this Chapter; that are fair and equitable; and
C. Develop a fair and equitable program that will enhance the overall appearance, ambiance
and environment of in the Downtown Business District of the City of Bozeman.
(Ord. No. 1567 § 2(12.22.010), 9-9-2002)
12.22.020 Definitions.
For the purposes of enforcement of this chapter, the following definitions apply:
A. “Block Face” means one side of a street between two consecutive intersecting rights of
ways, including alleys; that portion of all city sidewalks fronting the streets along Mendenhall,
Main, and Babcock Streets and lying between avenues running in a north-south direction.
B. “Downtown Business District” means those areas of the B-2 and B-3 zoning district of
the City of Bozeman located on or between the north side of Lamme Street and the south side of
Olive Street and on or between the east side of Broadway Avenue and west side of 3rd Avenue;
C. “Commercial Use” means any activity involving the sale of goods or services carried out
for profit;
DB. “Director” means the Director of Public Service and includes the Director’s authorized
representative;
EC. “Encroachment” means any fixture or device including but not limited to a showcase,
table, bench, rack, handcart, pushcart, sign, portable sign,or stall, newspaper dispensers and
publication racks, seating area, fence, barrier, or partition which intrudes into or invades the
public right of way;
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F. “Exclusive Use” means any act undertaken by a private entity upon the public right of
way of the Downtown Business District that excludes the public from their normal use and
enjoyment of the public right of way;
G. “Non-Substantial Encroachment” means any encroachment occurring upon the public
right of way of the Downtown Business District that is temporary and mobile in nature and does
not modify the material components of the public right of way;
H. “Permanent” means a period of six months or more;
ID. “Portable Sign” means any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including but not limited to signs
designed to be transported by means of wheels and signs converted to A- or T-frames; as defined
by 18.65.020 which is set in the public right of way.
JE. “Public Right of Way” means any area legally open to public use including but not
limited to, and projecting vertically skyward above, public streets, sidewalks, roadways,
highways, parkways, alleys, or parks as well as areas surrounding and immediately adjacent to
public buildings;
K. “Public Use” means any normal use of the public right of way as distinguished from
‘exclusive use’ as defined under this chapter;
LF. “Sidewalk” means all that area legally open to public use as a pedestrian public way
between the curb line and the legal building line of the abutting property;
MG. “Sidewalk Café” means any group of tables, chairs, benches, barriers or partitions, trash
containers and suitable decorative devices maintained upon any part of the public right of way
for use by an establishment with a valid food and drink permit in the sale to the public of food,
refreshments, and beverages of all kinds and is not a sidewalk vending cart;
NH. “Sidewalk Display” means any showcase, table, bench, rack, sign, stall, kiosk, or any
other fixture or device used for the purpose of displaying, exhibiting, carrying, transporting,
storing, selling, or offering for sale any food, beverage, goods, wares, merchandise, event, or
service upon a sidewalk;
OI. “Sidewalk Vending Cart” means any handcart, pushcart, stall, or any other mobile device
that is used for the purpose of displaying, exhibiting, carrying, transporting, storing, selling, or
offering for sale any food, beverages, goods, wares, or merchandise upon a sidewalk;
PJ. “Special Event” means any occasion including but not limited to fairs, shows,
exhibitions, city-wide celebrations, and festivals taking place within a specifically defined area
of the City of Bozeman; and
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Q. “Substantial Encroachment” means any encroachment that creates a permanent physical
reduction in existing asphalt width to streets in the Downtown Business District except for
intersection curb bulbs installed for traffic calming or pedestrian safety purposes;
R. “Temporary” means a period of six (6) months or less.
(Ord. No. 1567 § 2(12.22.020), 9-9-2002; Ord. No. 1692 § 1, 2-12-2007)
12.22.030 Encroachment on Public Right of Way – Prohibited.
Except as otherwise provided by this Code, it is unlawful to obstruct the public rights of way of
the Downtown Business District with debris, encumbrances or encroachments of any kind which
hamper or interfere with the free and safe use or passage by the public.
(Ord. No. 1567 § 2(12.22.030), 9-9-2002)
12.22.040 Exception – Downtown Business District.
Vendors doing business in the Downtown Business District on or between the north side of
Mendenhall Street and south side of Babcock Street and on or between the east side of Third
Avenue and the west side of Broadway Avenue shall be allowed to use City sidewalk as
provided in this chapter.
(Ord. No. 1567 § 2(12.22.040), 9-9-2002)
12.22.050 Non-Substantial Encroachments -- Permit Required.
Upon application, the Director may authorize, subject to specific conditions as determined by the
Director, non-substantial encroachments to occur upon the use of the City’s sidewalks in the
Downtown Business District. Each permit must be renewed on an annual basis and the Director
shall have the right to refuse to renew any permits issued. area described in 12.22.040. All
applications for non-substantial encroachments must include:
A. A completed City of Bozeman Downtown Sidewalk Encroachment Revocable Permit
Public Right-of-Way Encroachment Revocable Permit application form including any necessary
supporting materials; the name of the applicant, name of the business, address upon which the
encroachment will be located, a current mailing address and telephone number. Each permit
must be renewed on an annual basis and the Director of Public Service shall have the right to
refuse to renew any permits issued under this chapter;
B. A letter of support from the owner(s), operator(s), or manager(s) of the business(es)
immediately adjacent to fronting the sidewalk where the use is requested, or if a letter of support
cannot be obtained, an explanation summarizing the lack of support;, granting permission to
place the encroachment at the requested location;
C. A sketch depicting, as accurately as possible, the size and location of all requested
encroachment items as well as other existing obstructions or improvements which would limit
the free use of the sidewalk by pedestrians;
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D. A certificate of liability insurance which names the City of Bozeman and (if non-
substantial encroachment occurring upon a State-designated primary or urban route) the State of
Montana as additional insureds. The insurance must provide a minimum coverage of $750,000
for each claim and $1.5 million for each occurrence for all permits solely for a portable sign in
an “A” frame design, also known as a sandwich board sign, used strictly for the purpose of
advertising for the permit holder. A minimum coverage of $750,000 for each claim and $1.5
million for each occurrence must be provided for all other permits;
E. The permit holder shall agree in writing to indemnify, defend, and hold harmless the City
and (if non-substantial encroachment occurring upon a State-designated primary or urban route)
Montana Department of Transportation and their employees and agents against all claims,
liability, loss, damage, or expense incurred by the City and/or Montana Department of
Transportation due to any injury to or death of any person or any damage of property caused by
or resulting from the activities for which the permit is granted; and
FE. A valid City of Bozeman business license corresponding to the use requested.
(Ord. No. 1567 § 2(12.22.060), 9-9-2002)
12.22.060 Substantial Encroachments – Approval Required.
Substantial encroachments in public right of way of the Downtown Business District may occur
only after a project proposal satisfies provisions of Title 18 BMC (see 18.020.080.B), is found to
be compliant with required regulations of same, and satisfies specific conditions as determined
by the Director. Projects proposing substantial encroachments shall submit to the City Engineer
for approval a report certified by a professional engineer addressing the following conditions,
both present and future: truck turning movements, vehicular site vision, pedestrian conflicts, and
– as directed by the City Engineer – intersection level of service. Substantial encroachments
affecting State-designated primary and urban routes shall also be approved by the Montana
Department of Transportation. Substantial encroachment projects shall satisfy all applicable
emergency service requirements.
12.22.070 Substantial Encroachments – Standards, Exceptions and Limitations.
To protect public health, safety and welfare, and provide for the orderly development of the
Downtown Business District, the following standards, exceptions and limitations are hereby
placed upon substantial encroachments:
A. Substantial encroachments shall not occur within the public right of way of Main Street
and Rouse Avenue;
B. Substantial encroachments shall occur along the entire length of a property;
C. Two-way traffic (or two-lane traffic for one-way streets) shall be provided at all times
and in all locations;
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D. A minimum eleven foot (11.0’) wide vehicular travel lane shall be provided, measured
from face of curb or edge of parking lane.
E. A minimum seven foot (7’) wide parking lane shall be provided, measured from face of
curb;
F. Sidewalk alterations shall provide a minimum six (6) inch thick, ten (10) foot wide
sidewalk for public use and shall be ADA compliant;
G. Curb alterations shall provide positive drainage and shall not cause ponding to occur in
the gutter line. City of Bozeman curb construction standards shall be adhered to;
H. Construction plans shall be reviewed and approved by the City Engineer and a pre-
construction meeting held prior to initiating construction;
I. Substantial encroachments involving the elimination of any on-street parking within that
area of the B-3 zoning district regulated under this chapter shall provide the following:
1. Parking Commission approval; and
2. Compensation shall be provided for each on-street parking space eliminated from the
Downtown Business District parking inventory in accordance with the following
schedule:
a. A one-time payment of five-thousand dollars ($5,000) per eliminated space.
Payment shall be provided prior to final approval of the proposal under Title 18
BMC; or
b. Applicant may elect to pay for the eliminated space over a period of time not
more than 10 years, making equal monthly payments of principal and interest.
Interest will be charged at a rate equal to the current yield of the 10-year US Treasury
Note at the time the space is eliminated against a $5,000 principal amount.
J. The adjacent property owner shall keep all sidewalk areas, including those areas of
exclusive use, free and clear of snow and ice at all times.
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12.22.080 Exclusive Use of Public Right of Way – Permit Required.
Upon application, the Director may authorize exclusive use of public right of way to occur in the
Downtown Business District subject to specific conditions as determined by the Director. The
Director reserves the right to request the City Commission reclaim approval authority over any
exclusive use application received. Each approved permit shall be valid for a period determined
by the Director, which shall not exceed 10 years. Each permit shall be reviewed on an annual
basis, subject to revocation as provided herein during the entitlement period. The permit shall be
issued to the private property owner adjacent to the public right of way in which the exclusive
use occurs. The permit shall not automatically convey with the adjacent private property and
shall not convey any ownership interest in the public right of way regardless of the privileges and
exclusive benefits the permit provides the Permittee. The permit may be transferred to a new
adjacent private property owner upon request and application to the Director. If the new
property owner fails to make this request to the Director within 30 days following final sale or
transfer of interest in the property, then the permit shall become null and void and a new permit
shall be applied for.
A. Any use permitted under Section 12.22.100 that is physically barricaded or partitioned
from the sidewalk by a fence or other similar means creates an exclusive use of the public right
of way as defined under this chapter and require an exclusive use permit.
B. All applications for exclusive use of public right of way must include:
1. A completed City of Bozeman Downtown Right of Way Exclusive Use Permit form
including any necessary supporting materials;
2. A site plan depicting, as accurately as possible, the size and location of all requested
encroachment items necessary to support the exclusive use of the public right of way as well as
other existing obstructions or improvements which would limit the free use of the sidewalk by
pedestrians;
3. A certificate of liability insurance which names the City of Bozeman and (if exclusive
use occurring upon a State-designated primary or urban route) the State of Montana as additional
insureds. The insurance must provide a minimum coverage of $750,000 for each claim and $1.5
million for each occurrence. The insurance policy shall automatically renew during the permit
period and a copy of the current proof of insurance coverage shall be kept on file with the
Director at all times. Coverage limits may adjust with permit renewals.
4. The permit holder shall agree in writing to indemnify, defend, and hold harmless the
City and (if exclusive use occurring upon a State-designated primary or urban route) Montana
Department of Transportation and their employees and agents against all claims, liability, loss,
damage, or expense incurred by the City and/or Montana Department of Transportation due to
any injury to or death of any person or any damage of property caused by or resulting from the
activities for which the permit is granted.
5. A valid City of Bozeman business license corresponding to the use requested.
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C. Exemption for tables and chairs.
1. Tables and chairs not physically separated and/or partitioned from the sidewalk by a
fence or other similar means are exempt from Section 12.22.080 and are considered ‘non-
substantial encroachments’ approved under provisions of Section 12.22.050.
12.22.090060 License or Approval Letter Required.
Any applicant intending to sell food or beverages must provide a copy of a Food Purveyor’s
License or an approval statement issued by the Gallatin City-County Health Department with the
application for a permit under this chapter.
(Ord. No. 1567 § 2(12.22.060), 9-9-2002)
12.22.100070 Uses Permitted Under This Chapter.
A. It is the Permittee’s responsibility to place any encroachments allowed under this chapter
in a manner which ensures safe pedestrian and vehicular travel, complies with any conditions
placed upon the permit, and to immediately correct any deficiencies noted by the Director. All
items permitted pursuant to this chapter shall be placed not less than two (2) feet from the curb,
leave a minimum of six (6) five (5) feet of sidewalk aisle clear and shall not interfere with
vehicular sight triangles as set forth in Title 18 of this code, and as necessary for safe vehicular
traffic. Additionally, all encroachments permitted under this chapter will be built, installed, and
maintained in such as a manner as to ensure the safety of the public.
B. Permits may be issued under this chapter for the following uses:
1. Benches:
Any benches must be placed flush to the corresponding building and must not project
more than three (3) feet into the sidewalk;
2. Portable Signs:
These signs must not exceed a height of five (5) feet or a width of three (3) feet, placed
adjacent and perpendicular to the corresponding building and within four (4) feet of the
business entrance;
3. Sidewalk Displays:
With the exception of kiosks, displays must be placed flush against the building, must not
exceed six (6) feet in height, and must be within four (4) feet of the business entrance;
4. Kiosks:
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Kiosks must not exceed seven (7) eight (8) feet in height and must be placed in a manner
so as not to interfere with free flow of pedestrian and vehicular traffic;
5. Bike Racks:
Bike racks must not exceed a ten (10) bike capacity with five (5) bikes per side and be
placed so the parked bikes run parallel with the street;
6. Sidewalk Vending Carts:
The cart must be no more than three (3) feet wide, must be placed within 4.5 feet of the
store face and may operate between 6:00 a.m. and 9:00 p.m. or until sunset whichever
occurs first. All signage must be attached to the cart and shall not exceed six (6) feet in
length. The City, at its discretion and upon request, may allow the use of a portable sign.
Vending carts will be allowed on Mendenhall, Main, and Babcock Streets only and not
more than one cart will be allowed per city block face;
7. Tables and Chairs:
Tables used for the primary purpose of consuming food or beverages must be no more
than four (4) feet wide and set in a manner so that the chairs shall not extend more than
five (5) feet in to the Right of Way and maintain at all times upon the public sidewalk a
minimum six foot (6’) wide clear aisle for pedestrian movement;
8. Hanging Pots:
Pots for flowers or other miscellaneous items may be hung from the rods extending from
the light poles only. The bottoms of all pots must not be lower than seven (7) feet and
shall not block street signs in any manner;
9. Newspaper Dispensers and Publication Racks
Coin operated newspaper dispensers and media publication racks and displays must be
placed flush against the building and may not exceed 4 feet in height and shall be of a
design quality approved by the City of Bozeman;
9.10. Sidewalk Café Serving Alcohol:
a. All sidewalk cafes having an alcohol beverage license shall be required to have
staff of the establishments owning such sidewalk cafes serve all food, alcohol and
non-alcoholic beverages in the sidewalk café area only. Service of alcohol beverages
in all sidewalk cafes shall be limited to persons seated at tables in the sidewalk café
site. The serving of alcohol shall be served in glasses and not in paper or plastic
products. Any person serving alcohol must have received alcohol server training
through a City approved training program;
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b. The sidewalk café alcohol beverage license issued by the State of Montana must
include as part of the licensed premise floor plan the sidewalk café area. The use and
operation of the sidewalk café area shall occur in accordance with the State-approved
alcohol beverage license and a copy of the license shall be kept on file with the
Director of Public Service and the Director of Planning and Community
Development.
c. Liability insurance required in 12.22.080.B.3BMC 12.11.0500B will cover the
sidewalk café area;
dc. Each sidewalk café serving alcohol beverages shall be responsible for policing
the area of the sidewalk café to be sure that customers are of legal drinking age and
that alcohol beverages are not removed from the premises.
ed. There shall be no sale of alcohol for consumption at a sidewalk café after 12:00
a.m. (midnight) until normal opening of business each day. In addition, all containers
of intoxicating beverages shall be removed from the tables of the sidewalk café and
the sidewalk café area by 12:00 a.m.;
fe. The sidewalk café area must be adjacent to the licensed building and shall be
enclosed, except for ingress and egress entry point, by a movable temporary fence
approved by the Director of Public Service. The fence shall be:
(i). black or of a color that matches the adjacent building;
(ii). at least 4 feet in height; and
(iii). shall be of a design and quality that does not permit children or other
persons to crawl under the fence;
10. Miscellaneous Items: The Director of Public Service may permit other items as deemed
appropriate. The Director shall place what restrictions the Director deems necessary to ensure
the safe passage for pedestrian and vehicular traffic.
(Ord. No. 1567 § 2(12.22.070), 9-9-2002; Ord. No. 1692§ 2, 2-12-2007)
12.22.110080 Notification of Name or Address Change.
All Permittees will ensure that a current and correct name, residential address and mailing
address are or on file with the Director. Should either the Permittee’s name, business name or
Permittee’s address provided on the application change, the Permittee must notify the Director
within five (5) working days of such change and provide the same with the accurate information.
(Ord. No. 1567 § 212.22.080), 9-9-2002)
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12.22.120090 Littering and Trash Removal.
A. Permittees will keep the sidewalks, roadways and other spaces adjacent to their sites or
locations clean and free of paper, peelings and refuse of any kind generated from the operation of
their business;
B. Permittees engaged in food vending will make available a receptacle for litter. The
Permittee will regularly empty and maintain the receptacle and mark it appropriately to provide
proper notice to the public of its purpose. Upon ceasing operations for the day, Permittees will
ensure the area immediately adjacent to the site is thoroughly clean and free of debris. Finally,
Permittees must remove all debris and trash from the area and will not use trash receptacles
without permission from the owner.
(Ord. No. 1567 § 2(12.22.090), 9-9-2002)
12.22.130100 Special Event or Temporary Permits.
The Director may issue a temporary permit for special or temporary events which may take place
in the downtown area Downtown Business District including but not limited to “Crazy Days”,
“Taste of Bozeman”, and “Music on Main”. Should the Director determine a temporary permit
is applicable for any reason, the Director may waive any of the requirements set forth in this
Chapter the Director feels are inapplicable and allow alternative provisions consistent with or
contrary to the purposes of this chapter.
(Ord. No. 1567 § 2(12.22.100), 9-9-2002)
12.22.140 Fees.
A. Non-Substantial Encroachments:
1. A ten dollar ($10) fee shall be charged for non-substantial encroachments which
shall be provided with each new application/renewel of a City of Bozeman Downtown
Sidewalk Encroachment Revocable Permit.
B. Substantial Encroachments:
1. Application fees authorized in Title 18 shall be provided.
C. Exclusive Uses:
1. A fee calculated by multiplying the square-foot area of the right of way encumbered
by the exclusive use of same, by the total final square-foot land value of the adjacent
property (as determined in the most recent appraisal by the Montana Department of
Revenue for ad valorem property taxation purposes), multiplied by the whole-month
percentage of the calendar year the exclusive use is occurring, multiplied by a factor of
10% shall be assessed and provided with each City of Bozeman Downtown Right of Way
Exclusive Use Permit application and annual renewal.
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12.22.150110 Suspension and Revocation of Permits for Non-Substantial
Encroachments Permit License.
A. The Director may suspend or revoke any permit for Non-Substantial Encroachment
issued under this Section 12.22.050 chapter for any of the following reasons:
1. Fraud, misrepresentation or knowingly false statement contained in the application
for the permit;
2. Conducting any activity in any manner contrary to the conditions of the permit;
3. Conducting any permit activity in such a manner as to create a public nuisance, cause
a breach of the peace, constitute a danger to the public health, safety, welfare or morals,
or interfere with the rights of abutting property owners;
4. Failure to regularly empty and maintain a litter receptacle;
5. Cancellation of the Gallatin City-County Health Department’s authorization for a
food or beverage vending unit; or
6. Failure to comply with any provision in this chapter or any condition of approval
required by the Director.
B. Should the Director decide to exercise the rights given under this chapter, notice may be
delivered in person or mailed to the address provided on the application. The Director shall state
all reasons for the decision to revoke or suspend the permit and the length of the suspension, if
any;
C. The permittee will have three (3) days from the date of receipt of the letter to file a
written response to the Director’s letter or to remove all items from the City’s sidewalk. Failure
to respond to the Director’s letter or to remove the items from the City’s sidewalk will be cause
for the Director to order the property removed by local law enforcement or the Code Compliance
Officer. The property shall be considered evidence and will not be returned until the resolution
of any citation issued under BMC;
D. Should the permittee fail to pick up the letter for a period of five (5) working days after it
has been mailed, the Director may then direct the Code Compliance Officer or law enforcement
to remove the permittee’s property from the City’s sidewalks;
E. Should the Director determine the permittee’s property presents a safety hazard or
requires immediate remedy including but limited to sidewalk maintenance, then in that event, the
Director may order the property removed immediately by local law enforcement or the Code
Compliance Officer.
(Ord. No. 1567 § 2(12.22.110), 9-9-2002)
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12.22.160 Suspension or Revocation of Exclusive Uses of Public Right of Way.
The Director may suspend any permit for Exclusive Use issued under Section 12.22.080 for any
of the reasons listed under Section 18.22.150.A by providing written notice to the Permittee
stating all reasons to suspend the permit. The Permittee will have three (3) days from the date of
receipt of the letter to remedy the deficiencies stated in the notice to the satisfaction of the
Director. In the absence of remedy, the Director shall schedule a permit revocation hearing with
the City Commission which has sole power to revoke any permit issued under Section 12.22.080.
A. Upon revocation of any permit issued under Section 12.22.080, the City Commission can
order any substantial encroachments, features, improvements and/or alterations made to the
public right of way installed to support an exclusive use be removed at the permit holder’s sole
expense upon their finding of said substantial encroachments, features, improvements and/or
alterations posing a threat to the public’s health, safety, and welfare.
1. Failure to remove, or failure to cause the removal of any substantial encroachments,
features, improvements and/or alterations to the public right of way ordered by the City
Commission’s within fifteen (15) days following said order will result in the City
removing the ordered items and charging the Permittee for all expenses. In removing the
ordered items, the City may call upon any city department or division for whatever
assistance deemed necessary or may by private contract cause the removal of the ordered
items.
a. The City after completing the removal of the ordered items shall file a
statement of costs with the finance department which shall mail to the Permittee a
notice that contains the amount set forth in the statement and a declaration that the
City will assess against the property the amount set forth in the notice and shall enter
that amount in the City liens docket which shall therefore constitute a lien against the
property.
B. The determination of the City Commission is a final administrative decision.
12.22.170130 Appeal Procedure.
Any permittee will have the right to appeal the denial, suspension or revocation of any permit
issued under Section 18.22.050 to the City Manager. The permittee will make the appeal within
ten (10) days after receiving notice of the denial, suspension or revocation by filing a written
notice with the City Manager.
(Ord. No. 1567 § 2(12.22.130), 9-9-2002)
12.22.180 Enforcement – Penalities – Designated a Municipal Infraction.
In addition to suspension or revocation under 12.22.150 or 12.22.160, Violation a violation of
this chapter is a municipal infraction punishable by the following civil penalties:
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A. For a first violation, a civil penalty of not less than one-hundred ($100) or more than
three-hundred dollars ($300) shall be imposed;
B. For each repeat violation, a civil penalty of not less than one-hundred ($100) or more
than five-hundred dollars ($500) shall be imposed;
C. Each day of violation shall constitute a separate violation.
The court may order the permit revoked for the remainder of the year in addition to any other
penalty imposed by the court.
(Ord. 1567 § 2(12.22.140), 9-9-2002; Ord. No. 1700 § 1, 5-21-2007)
Section 2
Severability.
If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance
which may be given effect without the invalid provision or application and, to this end, the
provisions of this ordinance are declared to be severable.
Section 3
Savings Provision.
This ordinance does not affect the rights of duties that matured, penalties and assessments
that were incurred or proceedings that began before the effective date of this resolution.
Section 4
The effective date of this ordinance is 30 days after passage on 2nd reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the ______ day of ____________ 2010.
14
157
15
______________________
JEFFREY K KRAUSS
MAYOR
ATTEST:
______________________
STACY ULMEN
CITY CLERK
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading, at a regular session thereof held on the ________day of
_______________, 2010.
_______________________
JEFFREY K KRAUSS
MAYOR
ATTEST:
______________________
STACY ULMEN
CITY CLERK
APPROVED AS TO FORM:
______________________
GREG SULLIVAN
CITY ATTORNEY
158
Property State of MT GIS Owner Address Land Value, 'A' Taxable Market Value, 'X' 2009 Taxable Value, 'Y' 2009 Taxes, 'Z' X/Y Y/Z X/Z A/XGeneral Willson Bldg Condo 101 E. Main $463,044.00 $0.00General Willson Bldg, LLC 101 E. Main $231,522.00 $712,645.00 $20,880.00 $12,549.66 34.13 1.66 56.79 0.32General Willson Bldg, LLC 101 E. Main $46,304.00 $142,283.00 $4,168.00 $2,509.93 34.14 1.66 56.69 0.33General Willson Bldg, LLC 101 E. Main $13,891.00 $42,681.00 $1,251.00 $757.54 34.12 1.65 56.34 0.33General Willson Bldg, LLC 101 E. Main $32,413.00 $99,594.00 $2,918.00 $1,758.98 34.13 1.66 56.62 0.33General Willson Bldg, LLC 101 E. Main $18,522.00 $56,913.00 $1,668.00 $1,008.05 34.12 1.65 56.46 0.33General Willson Bldg, LLC 101 E. Main $13,891.00 $42,681.00 $1,251.00 $757.54 34.12 1.65 56.34 0.33GPF Powder Horn 35 E. Main $492,690.00 $1,252,571.00 $36,700.00 $22,053.53 34.13 1.66 56.80 0.39Daniel Kilbride 29 E. Main $429,006.00 $423,751.00 $12,416.00 $7,464.91 34.13 1.66 56.77 1.0127th East Main Condo Master 27 E. Main $447,672.00 $0.00Mary Ellen Smith 23 E. Main $434,496.00 $260,428.00 $7,631.00 $4,590.32 34.13 1.66 56.73 1.67Patricia Paynich 17 E. Main $441,084.00 $392,388.00 $11,497.00 $6,912.82 34.13 1.66 56.76 1.12Barnett Condominum Master 11 E. Main $438,888.00 $0.00GSC FAMILY LIMITED PARTNERSHIP 7 E. Main $450,966.00 $559,398.00 $16,390.00 $9,852.30 34.13 1.66 56.78 0.81TULLER BRIGITTE MARIA 1 E. Main $457,554.00 $757,597.00 $22,197.00 $13,340.84 34.13 1.66 56.79 0.60ONE WEST MAIN LLC 1 W. Main $440,718.00 $725,768.00 $21,265.00 $12,780.95 34.13 1.66 56.79 0.61SUMMIT PROPERTIES LLC 7 W. Main $478,636.00 $1,569,343.00 $45,981.00 $27,629.09 34.13 1.66 56.80 0.30MONTANA THEATREWORKS INC 17 W. Main $462,239.00 $630,701.00 $18,479.00 $12,349.32 34.13 1.50 51.07 0.73FIVES THE MOST LLC 25 W. main $461,214.00 $671,359.00 $19,671.00 $11,823.35 34.13 1.66 56.78 0.69HATHHORN CONDO MASTER $494,008.00 $0.00FLETCHER ROBERT C & KATHY A43 W. Main $430,470.00 $400,216.00 $11,726.00 $7,050.39 34.13 1.66 56.77 1.08PHILLIPS BOOK STORE INC 107 E. Main $528,924.00 $555,485.00 $16,276.00 $9,783.80 34.13 1.66 56.78 0.95EVANS ROBERT O & ANNETTE R 115 E. main $420,222.00 $180,205.00 $5,280.00 $3,177.96 34.13 1.66 56.70 2.33EVANS ROBERT O & ANNETTE R 121 E. Main $435,594.00 $268,796.00 $7,876.00 $4,737.51 34.13 1.66 56.74 1.62CRYSTAL BAR RESTAURANT 123 E. Main $432,300.00 $226,354.00 $8,688.00 $5,225.31 26.05 1.66 43.32 1.91NYGARD FAMILY LLC 127 E. Main $430,104.00 $200,647.00 $5,879.00 $3,537.81 34.13 1.66 56.72 2.14ZIMBRIC LIMITED LIABILITY COMP 131 E. Main $435,594.00 $309,843.00 $9,078.00 $5,459.60 34.13 1.66 56.75 1.41ZIMBRIC LIMITED LIABILITY COMP 131 E. Main $435,594.00 $352,217.00 $10,320.00 $6,205.74 34.13 1.66 56.76 1.24GALLATIN LODGE #6 A F & A M 137 E. Main $441,084.00 $400,970.00 $11,748.00 $7,063.61 34.13 1.66 56.77 1.10HAJ JAVAD LLC 201 E. Main $464,142.00 $985,783.00 $28,883.00 $18,177.80 34.13 1.59 54.23 0.47FERRARO RALPH A 215 E. Main $483,906.00 $223,473.00 $6,548.00 $3,939.71 34.13 1.66 56.72 2.17CHINOOK PROPERTIES LLC 233 E. Main $436,692.00 $207,781.00 $6,088.00 3663.36 34.13 1.66 56.72 2.10SHARBERT ENTERPRISES INC 235 E. Main $432,300.00 $393,677.00 $11,534.00 $6,935.05 34.13 1.66 56.77 1.10ARTCRAFT PRINTERS INC 241 E. Main $459,750.00 $416,904.00 $12,216.00 $7,344.75 34.13 1.66 56.76 1.10GRAFF ROBERT F & HELORI M 303 E. Main $435,594.00 $368,915.00 $10,809.00 $6,499.50 34.13 1.66 56.76 1.18FAIRVIEW HOLDINGS INC 311 E. Main $876,546.00 $1,083,824.00 $31,756.00 $20,872.48 34.13 1.52 51.93 0.81FRATERNAL ORDER OF EAGLES 326 316 E. Main $446,720.00 $395,980.00 $11,602.00 $6,975.90 34.13 1.66 56.76 1.13AKM 310 LLC 312 E. Main $453,601.00 $379,501.00 $11,119.00 $6,685.73 34.13 1.66 56.76 1.20AKM 238 LLC 240 E. Main $484,784.00 $610,109.00 $17,877.00 $10,745.61 34.13 1.66 56.78 0.79DECOSSE WESTGATE PARTNERSHIP 234 E MAIN ST $436,253.00 $231,714.00 $6,789.00 $4,084.49 34.13 1.66 56.73 1.88TACHE MARK 230 E. Main $436,253.00 $530,979.00 $15,558.00 $9,352.47 34.13 1.66 56.77 0.82FIRST SECURITY BANK OF BOZEMAN 222 E. Main $480,978.00 $1,237,818.00 $36,268.00 $21,794.00 34.13 1.66 56.80 0.39FIRST SECURITY BANK 208 E. Main $2,012,674.00 $4,014,527.00 $138,017.00 $82,919.33 29.09 1.66 48.41 0.50CALLENDER STREET LTD LIABIL PA 140 E. Main $467,348.00 $1,296,479.00 $37,987.00 $22,826.69 34.13 1.66 56.80 0.36GUGLIELMINO FAMILY LIMITED PAR 128 E. Main $450,132.00 $1,008,173.00 $29,539.00 $17,751.56 34.13 1.66 56.79 0.45GALLATIN REALTY CO INC 120 E. Main $434,057.00 $286,380.00 $8,391.00 $5,046.89 34.13 1.66 56.74 1.52DB MAIN STREET LLC 118 E. Main $425,295.00 $599,813.00 $17,574.00 $10,563.57 34.13 1.66 56.78 0.71ATLANTIC FINANCIAL GROUP LTD 104 E. Main $520,704.00 $2,734,321.00 $80,115.00 $48,135.09 34.13 1.66 56.81 0.1944 MAIN STREET LLC 44 E. Main $450,966.00 $561,732.00 $16,459.00 $9,893.74 34.13 1.66 56.78 0.80OWENHOUSE HARDWARE CO 36 E. Main $450,966.00 $575,209.00 $16,854.00 $10,131.04 34.13 1.66 56.78 0.78BOWMAN LARRY 42% INT 24 E. Main $485,443.00 $783,246.00 $22,949.00 $13,792.61 34.13 1.66 56.79 0.62SMITH GREGORY ORTON TRUSTEES 18 E. Main $438,668.00 $491,957.00 $14,415.00 $8,665.81 34.13 1.66 56.77 0.89MASONIC TEMPLE INC OF BOZEMAN 14 S. Tracy $521,765.00 $1,243,495.00 $36,434.00 $21,893.72 34.13 1.66 56.80 0.42CRAWFORD THOMAS H III 2 W. Main $447,145.00 $663,049.00 $19,427.00 $11,676.77 34.13 1.66 56.78 0.67BOZEMAN RIALTO REDEVELOPMENT L10 W. Main $439,152.00 $254,485.00 $7,456.00 $4,485.19 34.13 1.66 56.74 1.73MONTANA MOTOR SUPPLY INC 14 W. Main $470,335.00 $836,579.00 $24,512.00 $14,731.57 34.13 1.66 56.79 0.56FLORENCE CONDO MASTER $470,335.00 $0.00CHRISTIAN LYNN T JR & ELEANOR 30 W. Main $430,836.00 $325,301.00 $9,532.00 $5,732.34 34.13 1.66 56.75 1.32LONE STAR COMMERCIAL CONDO MAS 34 W. Main $444,349.00 $0.00BASILE MICHAEL A REV LIVING TR 42 W. Main $445,388.00 $514,201.00 $15,066.00 $9,056.89 34.13 1.66 56.77 0.87County Treasurer Analysis159
Loan Amortization ScheduleLoan amount5,000.00$ Scheduled payment50.24$ Annual interest rate3.84 %Scheduled number of payments120Loan period in years10Actual number of payments120Number of payments per year12Total early payments-$ Start date of loan5/1/2010Total interest1,029.19$ Optional extra paymentsLender name:Pmt. No.Payment Date Beginning BalanceScheduled PaymentExtra Payment Total Payment Principal Interest Ending Balance Cumulative Interest1 6/1/2010 5,000.00$ 50.24$ -$ 50.24$ 34.24$ 16.00$ 4,965.76$ 16.00$ 2 7/1/2010 4,965.76$ 50.24$ -$ 50.24$ 34.35$ 15.89$ 4,931.40$ 31.89$ 3 8/1/2010 4,931.40$ 50.24$ -$ 50.24$ 34.46$ 15.78$ 4,896.94$ 47.67$ 4 9/1/2010 4,896.94$ 50.24$ -$ 50.24$ 34.57$ 15.67$ 4,862.37$ 63.34$ 5 10/1/2010 4,862.37$ 50.24$ -$ 50.24$ 34.68$ 15.56$ 4,827.68$ 78.90$ 6 11/1/2010 4,827.68$ 50.24$ -$ 50.24$ 34.79$ 15.45$ 4,792.89$ 94.35$ 7 12/1/2010 4,792.89$ 50.24$ -$ 50.24$ 34.91$ 15.34$ 4,757.98$ 109.69$ 8 1/1/2011 4,757.98$ 50.24$ -$ 50.24$ 35.02$ 15.23$ 4,722.97$ 124.91$ 9 2/1/2011 4,722.97$ 50.24$ -$ 50.24$ 35.13$ 15.11$ 4,687.84$ 140.03$ 10 3/1/2011 4,687.84$ 50.24$ -$ 50.24$ 35.24$ 15.00$ 4,652.59$ 155.03$ 11 4/1/2011 4,652.59$ 50.24$ -$ 50.24$ 35.35$ 14.89$ 4,617.24$ 169.91$ 12 5/1/2011 4,617.24$ 50.24$ -$ 50.24$ 35.47$ 14.78$ 4,581.77$ 184.69$ 13 6/1/2011 4,581.77$ 50.24$ -$ 50.24$ 35.58$ 14.66$ 4,546.19$ 199.35$ 14 7/1/2011 4,546.19$ 50.24$ -$ 50.24$ 35.70$ 14.55$ 4,510.49$ 213.90$ 15 8/1/2011 4,510.49$ 50.24$ -$ 50.24$ 35.81$ 14.43$ 4,474.68$ 228.33$ 16 9/1/2011 4,474.68$ 50.24$ -$ 50.24$ 35.92$ 14.32$ 4,438.76$ 242.65$ 17 10/1/2011 4,438.76$ 50.24$ -$ 50.24$ 36.04$ 14.20$ 4,402.72$ 256.86$ 18 11/1/2011 4,402.72$ 50.24$ -$ 50.24$ 36.15$ 14.09$ 4,366.57$ 270.94$ 19 12/1/2011 4,366.57$ 50.24$ -$ 50.24$ 36.27$ 13.97$ 4,330.30$ 284.92$ 20 1/1/2012 4,330.30$ 50.24$ -$ 50.24$ 36.39$ 13.86$ 4,293.91$ 298.77$ 21 2/1/2012 4,293.91$ 50.24$ -$ 50.24$ 36.50$ 13.74$ 4,257.41$ 312.52$ 22 3/1/2012 4,257.41$ 50.24$ -$ 50.24$ 36.62$ 13.62$ 4,220.79$ 326.14$ 23 4/1/2012 4,220.79$ 50.24$ -$ 50.24$ 36.74$ 13.51$ 4,184.05$ 339.65$ 24 5/1/2012 4,184.05$ 50.24$ -$ 50.24$ 36.85$ 13.39$ 4,147.20$ 353.03$ 25 6/1/2012 4,147.20$ 50.24$ -$ 50.24$ 36.97$ 13.27$ 4,110.22$ 366.31$ 26 7/1/2012 4,110.22$ 50.24$ -$ 50.24$ 37.09$ 13.15$ 4,073.13$ 379.46$ 27 8/1/2012 4,073.13$ 50.24$ -$ 50.24$ 37.21$ 13.03$ 4,035.93$ 392.49$ 28 9/1/2012 4,035.93$ 50.24$ -$ 50.24$ 37.33$ 12.91$ 3,998.60$ 405.41$ 29 10/1/2012 3,998.60$ 50.24$ -$ 50.24$ 37.45$ 12.80$ 3,961.15$ 418.20$ 30 11/1/2012 3,961.15$ 50.24$ -$ 50.24$ 37.57$ 12.68$ 3,923.58$ 430.88$ 31 12/1/2012 3,923.58$ 50.24$ -$ 50.24$ 37.69$ 12.56$ 3,885.89$ 443.43$ 32 1/1/2013 3,885.89$ 50.24$ -$ 50.24$ 37.81$ 12.43$ 3,848.09$ 455.87$ Enter valuesLoan summary160
Pmt. No.Payment Date Beginning BalanceScheduled PaymentExtra Payment Total Payment Principal Interest Ending Balance Cumulative Interest33 2/1/2013 3,848.09$ 50.24$ -$ 50.24$ 37.93$ 12.31$ 3,810.16$ 468.18$ 34 3/1/2013 3,810.16$ 50.24$ -$ 50.24$ 38.05$ 12.19$ 3,772.11$ 480.38$ 35 4/1/2013 3,772.11$ 50.24$ -$ 50.24$ 38.17$ 12.07$ 3,733.93$ 492.45$ 36 5/1/2013 3,733.93$ 50.24$ -$ 50.24$ 38.29$ 11.95$ 3,695.64$ 504.39$ 37 6/1/2013 3,695.64$ 50.24$ -$ 50.24$ 38.42$ 11.83$ 3,657.22$ 516.22$ 38 7/1/2013 3,657.22$ 50.24$ -$ 50.24$ 38.54$ 11.70$ 3,618.68$ 527.92$ 39 8/1/2013 3,618.68$ 50.24$ -$ 50.24$ 38.66$ 11.58$ 3,580.02$ 539.50$ 40 9/1/2013 3,580.02$ 50.24$ -$ 50.24$ 38.79$ 11.46$ 3,541.23$ 550.96$ 41 10/1/2013 3,541.23$ 50.24$ -$ 50.24$ 38.91$ 11.33$ 3,502.32$ 562.29$ 42 11/1/2013 3,502.32$ 50.24$ -$ 50.24$ 39.04$ 11.21$ 3,463.28$ 573.50$ 43 12/1/2013 3,463.28$ 50.24$ -$ 50.24$ 39.16$ 11.08$ 3,424.12$ 584.58$ 44 1/1/2014 3,424.12$ 50.24$ -$ 50.24$ 39.29$ 10.96$ 3,384.84$ 595.54$ 45 2/1/2014 3,384.84$ 50.24$ -$ 50.24$ 39.41$ 10.83$ 3,345.42$ 606.37$ 46 3/1/2014 3,345.42$ 50.24$ -$ 50.24$ 39.54$ 10.71$ 3,305.89$ 617.08$ 47 4/1/2014 3,305.89$ 50.24$ -$ 50.24$ 39.66$ 10.58$ 3,266.22$ 627.65$ 48 5/1/2014 3,266.22$ 50.24$ -$ 50.24$ 39.79$ 10.45$ 3,226.43$ 638.11$ 49 6/1/2014 3,226.43$ 50.24$ -$ 50.24$ 39.92$ 10.32$ 3,186.51$ 648.43$ 50 7/1/2014 3,186.51$ 50.24$ -$ 50.24$ 40.05$ 10.20$ 3,146.47$ 658.63$ 51 8/1/2014 3,146.47$ 50.24$ -$ 50.24$ 40.17$ 10.07$ 3,106.29$ 668.70$ 52 9/1/2014 3,106.29$ 50.24$ -$ 50.24$ 40.30$ 9.94$ 3,065.99$ 678.64$ 53 10/1/2014 3,065.99$ 50.24$ -$ 50.24$ 40.43$ 9.81$ 3,025.56$ 688.45$ 54 11/1/2014 3,025.56$ 50.24$ -$ 50.24$ 40.56$ 9.68$ 2,984.99$ 698.13$ 55 12/1/2014 2,984.99$ 50.24$ -$ 50.24$ 40.69$ 9.55$ 2,944.30$ 707.68$ 56 1/1/2015 2,944.30$ 50.24$ -$ 50.24$ 40.82$ 9.42$ 2,903.48$ 717.10$ 57 2/1/2015 2,903.48$ 50.24$ -$ 50.24$ 40.95$ 9.29$ 2,862.53$ 726.39$ 58 3/1/2015 2,862.53$ 50.24$ -$ 50.24$ 41.08$ 9.16$ 2,821.45$ 735.55$ 59 4/1/2015 2,821.45$ 50.24$ -$ 50.24$ 41.21$ 9.03$ 2,780.23$ 744.58$ 60 5/1/2015 2,780.23$ 50.24$ -$ 50.24$ 41.35$ 8.90$ 2,738.89$ 753.48$ 61 6/1/2015 2,738.89$ 50.24$ -$ 50.24$ 41.48$ 8.76$ 2,697.41$ 762.24$ 62 7/1/2015 2,697.41$ 50.24$ -$ 50.24$ 41.61$ 8.63$ 2,655.80$ 770.88$ 63 8/1/2015 2,655.80$ 50.24$ -$ 50.24$ 41.74$ 8.50$ 2,614.05$ 779.37$ 64 9/1/2015 2,614.05$ 50.24$ -$ 50.24$ 41.88$ 8.36$ 2,572.17$ 787.74$ 65 10/1/2015 2,572.17$ 50.24$ -$ 50.24$ 42.01$ 8.23$ 2,530.16$ 795.97$ 66 11/1/2015 2,530.16$ 50.24$ -$ 50.24$ 42.15$ 8.10$ 2,488.01$ 804.07$ 67 12/1/2015 2,488.01$ 50.24$ -$ 50.24$ 42.28$ 7.96$ 2,445.73$ 812.03$ 68 1/1/2016 2,445.73$ 50.24$ -$ 50.24$ 42.42$ 7.83$ 2,403.31$ 819.85$ 69 2/1/2016 2,403.31$ 50.24$ -$ 50.24$ 42.55$ 7.69$ 2,360.76$ 827.55$ 70 3/1/2016 2,360.76$ 50.24$ -$ 50.24$ 42.69$ 7.55$ 2,318.07$ 835.10$ 71 4/1/2016 2,318.07$ 50.24$ -$ 50.24$ 42.83$ 7.42$ 2,275.25$ 842.52$ 72 5/1/2016 2,275.25$ 50.24$ -$ 50.24$ 42.96$ 7.28$ 2,232.29$ 849.80$ 73 6/1/2016 2,232.29$ 50.24$ -$ 50.24$ 43.10$ 7.14$ 2,189.19$ 856.94$ 74 7/1/2016 2,189.19$ 50.24$ -$ 50.24$ 43.24$ 7.01$ 2,145.95$ 863.95$ 75 8/1/2016 2,145.95$ 50.24$ -$ 50.24$ 43.38$ 6.87$ 2,102.57$ 870.81$ 76 9/1/2016 2,102.57$ 50.24$ -$ 50.24$ 43.52$ 6.73$ 2,059.06$ 877.54$ 77 10/1/2016 2,059.06$ 50.24$ -$ 50.24$ 43.65$ 6.59$ 2,015.40$ 884.13$ 78 11/1/2016 2,015.40$ 50.24$ -$ 50.24$ 43.79$ 6.45$ 1,971.61$ 890.58$ 79 12/1/2016 1,971.61$ 50.24$ -$ 50.24$ 43.93$ 6.31$ 1,927.67$ 896.89$ 161
Pmt. No.Payment Date Beginning BalanceScheduled PaymentExtra Payment Total Payment Principal Interest Ending Balance Cumulative Interest80 1/1/2017 1,927.67$ 50.24$ -$ 50.24$ 44.07$ 6.17$ 1,883.60$ 903.06$ 81 2/1/2017 1,883.60$ 50.24$ -$ 50.24$ 44.22$ 6.03$ 1,839.38$ 909.09$ 82 3/1/2017 1,839.38$ 50.24$ -$ 50.24$ 44.36$ 5.89$ 1,795.03$ 914.97$ 83 4/1/2017 1,795.03$ 50.24$ -$ 50.24$ 44.50$ 5.74$ 1,750.53$ 920.72$ 84 5/1/2017 1,750.53$ 50.24$ -$ 50.24$ 44.64$ 5.60$ 1,705.89$ 926.32$ 85 6/1/2017 1,705.89$ 50.24$ -$ 50.24$ 44.78$ 5.46$ 1,661.10$ 931.78$ 86 7/1/2017 1,661.10$ 50.24$ -$ 50.24$ 44.93$ 5.32$ 1,616.17$ 937.09$ 87 8/1/2017 1,616.17$ 50.24$ -$ 50.24$ 45.07$ 5.17$ 1,571.10$ 942.26$ 88 9/1/2017 1,571.10$ 50.24$ -$ 50.24$ 45.22$ 5.03$ 1,525.89$ 947.29$ 89 10/1/2017 1,525.89$ 50.24$ -$ 50.24$ 45.36$ 4.88$ 1,480.53$ 952.17$ 90 11/1/2017 1,480.53$ 50.24$ -$ 50.24$ 45.51$ 4.74$ 1,435.02$ 956.91$ 91 12/1/2017 1,435.02$ 50.24$ -$ 50.24$ 45.65$ 4.59$ 1,389.37$ 961.50$ 92 1/1/2018 1,389.37$ 50.24$ -$ 50.24$ 45.80$ 4.45$ 1,343.57$ 965.95$ 93 2/1/2018 1,343.57$ 50.24$ -$ 50.24$ 45.94$ 4.30$ 1,297.63$ 970.25$ 94 3/1/2018 1,297.63$ 50.24$ -$ 50.24$ 46.09$ 4.15$ 1,251.54$ 974.40$ 95 4/1/2018 1,251.54$ 50.24$ -$ 50.24$ 46.24$ 4.00$ 1,205.30$ 978.41$ 96 5/1/2018 1,205.30$ 50.24$ -$ 50.24$ 46.39$ 3.86$ 1,158.91$ 982.26$ 97 6/1/2018 1,158.91$ 50.24$ -$ 50.24$ 46.53$ 3.71$ 1,112.38$ 985.97$ 98 7/1/2018 1,112.38$ 50.24$ -$ 50.24$ 46.68$ 3.56$ 1,065.70$ 989.53$ 99 8/1/2018 1,065.70$ 50.24$ -$ 50.24$ 46.83$ 3.41$ 1,018.86$ 992.94$ 100 9/1/2018 1,018.86$ 50.24$ -$ 50.24$ 46.98$ 3.26$ 971.88$ 996.20$ 101 10/1/2018 971.88$ 50.24$ -$ 50.24$ 47.13$ 3.11$ 924.75$ 999.31$ 102 11/1/2018 924.75$ 50.24$ -$ 50.24$ 47.28$ 2.96$ 877.46$ 1,002.27$ 103 12/1/2018 877.46$ 50.24$ -$ 50.24$ 47.44$ 2.81$ 830.03$ 1,005.08$ 104 1/1/2019 830.03$ 50.24$ -$ 50.24$ 47.59$ 2.66$ 782.44$ 1,007.74$ 105 2/1/2019 782.44$ 50.24$ -$ 50.24$ 47.74$ 2.50$ 734.70$ 1,010.24$ 106 3/1/2019 734.70$ 50.24$ -$ 50.24$ 47.89$ 2.35$ 686.81$ 1,012.59$ 107 4/1/2019 686.81$ 50.24$ -$ 50.24$ 48.05$ 2.20$ 638.76$ 1,014.79$ 108 5/1/2019 638.76$ 50.24$ -$ 50.24$ 48.20$ 2.04$ 590.56$ 1,016.83$ 109 6/1/2019 590.56$ 50.24$ -$ 50.24$ 48.35$ 1.89$ 542.21$ 1,018.72$ 110 7/1/2019 542.21$ 50.24$ -$ 50.24$ 48.51$ 1.74$ 493.70$ 1,020.46$ 111 8/1/2019 493.70$ 50.24$ -$ 50.24$ 48.66$ 1.58$ 445.04$ 1,022.04$ 112 9/1/2019 445.04$ 50.24$ -$ 50.24$ 48.82$ 1.42$ 396.22$ 1,023.46$ 113 10/1/2019 396.22$ 50.24$ -$ 50.24$ 48.98$ 1.27$ 347.24$ 1,024.73$ 114 11/1/2019 347.24$ 50.24$ -$ 50.24$ 49.13$ 1.11$ 298.11$ 1,025.84$ 115 12/1/2019 298.11$ 50.24$ -$ 50.24$ 49.29$ 0.95$ 248.82$ 1,026.79$ 116 1/1/2020 248.82$ 50.24$ -$ 50.24$ 49.45$ 0.80$ 199.38$ 1,027.59$ 117 2/1/2020 199.38$ 50.24$ -$ 50.24$ 49.61$ 0.64$ 149.77$ 1,028.23$ 118 3/1/2020 149.77$ 50.24$ -$ 50.24$ 49.76$ 0.48$ 100.01$ 1,028.71$ 119 4/1/2020 100.01$ 50.24$ -$ 50.24$ 49.92$ 0.32$ 50.08$ 1,029.03$ 120 5/1/2020 50.08$ 50.24$ -$ 50.08$ 49.92$ 0.16$ -$ 1,029.19$ 162
— part of a multi-departmental City of Seattle series on getting a permit
Seattle Department of Client Assistance Memo
Transportation
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LEGAL DISCLAIMER: This Client Assistance Memo (CAM) should not be used as a substitute for codes and regulations. The applicant is
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LEGAL DISCLAIMER: This Client Assistance Memo (CAM) should not be used as a substitute for codes and regulations. The applicant is
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SDOT Client Assistance Memo #2503— Sidewalk Café Permits page 6
LEGAL DISCLAIMER: This Client Assistance Memo (CAM) should not be used as a substitute for codes and regulations. The applicant is
responsible for compliance with all code and rule requirements, whether or not described in this CAM.
Last Revised 4/8/2009
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LEGAL DISCLAIMER: This Client Assistance Memo (CAM) should not be used as a substitute for codes and regulations. The applicant is responsible for
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Last Revised 4/8/2009
Seattle Department of Transportation | Street Use Division
700 Fifth Avenue, Suite 2300 | PO Box 34996
Seattle, Washington 98124-4996
(206) 684-5253 | SDOTPermits@Seattle.gov
STREET USE NON-CONSTRUCTION PERMIT APPLICATION (SMC 15.04)
PROJECT SUMMARY
PROJECT ADDRESS: ____________________________________________________________________________________
CLASSIFICATION: ARTERIAL NON-ARTERIAL UNDERWATER STREET
RELATED SDOT or DPD PERMIT NUMBER: PERMIT NO. IF STARTED ONLINE: (NA if none, do not leave blank)
PERMITTEE (check one): Owner Authorized Agent
NOTE: The Permittee is responsible for deposits, billings and payments and all other Terms of this application (see Terms on the back of this form)
CONTACT INFORMATION
Owner (Individual or Company) Authorized Agent (If other than Owner)
Address Address
City, State Zip Code City, State Zip Code
Phone Phone
Fax Fax
Email Email
SDOT Customer ID SDOT Customer ID
Contact Name (if different than above) Contact Name (if different than above)
24 Hour/Job Site Phone
DESCRIPTION OF USE (check all that apply) START DATE OF USE : _____________________
ANNUAL USE (indicate Sq Ft) SQ FT ANNUAL USE
Material Storage, Ongoing (12, 12A) Clocks/Signs/Flags/Graphics (2, 2A, 2B,5, 6) Swing staging (48)
Merchandise on Sidewalks (18A) Fence, Rockery, Wall (29A) Tables & Chairs
Shoreline Street Ends (11) Non-Public utilities (21A) Vending Carts
Sidewalk Cafes (18) Pole Banner, Identification (52B) Ventilation ducts (8)
State Waterways, Moorage (WW 200) Stanchions (27A) Other
State Waterways, Structures, Overhangs (WW 100) Street Barricading (3)
Structures & Overhangs (7) Street Decorations, Planters, Benches (52)
Structures & Overhangs,
over Underwater street (7A, 7B)
TEMPORARY / SHORT TERM USE DATE FROM: _______________ TO: ________________
First Amendment Vending (14C) State Waterways, Non-Profit (WW 150) Street Barricading, Special Activities (3A)
Pole Banner, Events (52A) State Waterways, Moorage (WW 250) Street Decorations (52D)
Stadium Vending (14D, 14E)
Permit Number
(Official Use)
169
LEGAL DISCLAIMER: This Client Assistance Memo (CAM) should not be used as a substitute for codes and regulations. The applicant is responsible for
compliance with all code and rule requirements, whether or not described in this CAM.
Last Revised 4/8/2009
DESCRIPTION OF USE (continued)
DETAILED DESCRIPTION (Please provide a detailed description of the proposed use in the space below)
IMPACTED INFRASTRUCTURE (Check all that apply)
Alley Asphalt Street Concrete Street Curb and Gutter
Curb Ramp Paved Shoulder Planting Strip Sidewalk
Traffic Circle Trees Unimproved ROW Unpaved Shoulder
Utility Structures/Poles No Impact Other ROW
Other ROW
MOBILITY IMPACT (Check all that apply) If there is a mobility impact an additional construction permit may be required
Alley Closed Alley Partially Blocked Bike Lane Closed Bike Lane Partially Blocked
Multi-Travel Lanes Closed Parking Lane Closed Sidewalk Closed Sidewalk Partially Blocked
Street Closed Travel Lane Closed No Impact
TERMS
Indemnification The Permittee agrees to defend, indemnify, and hold harmless the City of Seattle, its officials, officers, employees, and agents against: (1) any liability, claims, causes of action, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from any act or omission of the
Permittee, its subcontractors, anyone directly or indirectly employed by them, and anyone for whose acts or omissions they may be liable, arising out of
the Permittee’s use or occupancy of the public right-of-way; and (2) all loss by the failure of the Permittee to fully or adequately perform, in any respect, all authorizations or obligations under the Permit. Acceptance of terms, conditions, and requirements
Permittee shall accept the terms, conditions, and requirements of the permit and agree to comply with them to the satisfaction of the Seattle Department
of Transportation, Street Use Division. Permittee further agrees to comply with all applicable city ordinances, including but not limited to Title 15 SMC,
and all applicable requirements of state and federal law. Work shall begin within six months from the date of approval unless other arrangements are made, otherwise the application shall be void. Applicant or Authorized Agent Statement
I declare under penalty of perjury under the laws of the State of Washington that: I am the Applicant AND the Owner OR the authorized agent of the
owner; that the information provided herein is correct and complete; and that I have the authority to bind the owner to this application. Deposits, Charges, and Future Billings The Permittee is responsible for all permit charges. If a deposit was made for estimated future Street Use services, any unused portion of the deposit will be refunded to the permittee. Any charges in excess of the deposit will be billed to the Permittee.
APPLICANT SIGNATURE: DATE:
(Official Use)
REQUIRED AT APPLICATION REQUIRED PRIOR TO ISSUANCE
Banner or Sign Detail Construction Permit Historic District Approval PAAC Approval
Pole Location Map BIA Approval Holiday Moratorium Waiver Proof of Insurance
Site Plan Bond Indemnity Agreement SEPA Review
Traffic Control Plan Design Commission Approval Noise Exemption Other Dept Approval
Deposit: $_____________
COMMENTS:
APPLICATION ACCEPTED BY: DATE:
APPLICATION APPROVED BY: DATE:
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LEGAL DISCLAIMER: This Client Assistance Memo (CAM) should not be used as a substitute for codes and regulations. The applicant is responsible for
compliance with all code and rule requirements, whether or not described in this CAM.
Last Revised 4/8/2009
Seattle Department of Transportation | Street Use Division
700 Fifth Avenue, Suite 2300 PO Box 34996
Seattle, Washington 98124-4996
(206) 684-3679 | ANNUALPERMITS@Seattle.gov SIDEWALK CAFÉ
LETTER OF AUTHORIZATION
OWNER / AGENT INFORMATION:
Owner (Business or Property) Authorized Agent
Address Address
City, State, Zip Code City, State, Zip Code
Phone Phone
Fax Fax
Email Email
Contact Name (if different than above) Contact Name (if different than above)
To whom it may concern:
As owner(s), I / we authorize
Authorized Agent Name
to act as Permittee for the SDOT Sidewalk Cafe Permit for the property located at:
Project Address
As owner, I verify the sidewalk café will only be operated by a food-service establishment
(SMC 10.10.0040)
OWNER’S SIGNATURE: ______________________________________________________
OWNER’S PRINTED NAME: ______________________________________________________
DATE: ______________________________
Permit Number
(Official Use)
DATE STAMP
HERE
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LEGAL DISCLAIMER: This Client Assistance Memo (CAM) should not be used as a substitute for codes and regulations. The applicant is responsible for
compliance with all code and rule requirements, whether or not described in this CAM.
Last Revised 4/8/2009
Figure 1: Required Clear Path of Travel and Setback from Obstructions for Sidewalk Cafes
172
LEGAL DISCLAIMER: This Client Assistance Memo (CAM) should not be used as a substitute for codes and regulations. The applicant is responsible for
compliance with all code and rule requirements, whether or not described in this CAM.
Last Revised 4/8/2009
Figure 2: Downtown Urban Center
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Chapter 17.25 Sidewalk Cafes
-Note
(Added by Ordinance No. 150637, and effective Oct. 23, 1980.)
17.25.010 Permit Required.
(Amended by Ordinance No. 182870, effective June 3, 2009.) Operating a Sidewalk Cafe on City sidewalks is unlawful without a
permit. No person shall conduct a business as herein defined without first obtaining a permit from the Bureau of Transportation and
paying the fee therefor to the City of Portland. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk within the
City of Portland except as provided by this Chapter.
17.25.020 Definitions.
(Amended by Ordinance Nos. 177028 and 182870, effective June 3, 2009.)
A. Operate a Sidewalk Cafe. Operate a Sidewalk Cafe means serving food or beverage from an adjacent cafe or restaurant to patrons
seated at tables located within the Sidewalk area adjacent to the cafe or restaurant.
B. Sidewalk. Sidewalk means that portion of the street between the curb lines or the lateral lines of roadway and the adjacent property
lines intended for use by pedestrians.
C. Commercial zone. Commercial zone means abutting property which is zoned C, Commercial, or E, Employment pursuant to Title 33,
Planning and Zoning of this Code or any other zone which may be created as a successor zone to such existing commercial zones.
D. Transit Mall. Transit Mall means the entire length of 5th and 6th Avenues bounded by I-405 on the south and NW Irving on the
north.
E. Clear Pedestrian Zone. The Clear Pedestrian Zone is the area reserved for travel. No café operations are allowed in this area and the
area must meet City standards and be free of hazards as described in the Sidewalk Maintenance Program Policy & Operating Guidelines
(Portland Policy Document TRN-1.11).
F. Area of Operation: Area of Operation means the area of Sidewalk established by the City Engineer and demarcated on the sidewalk
according to the specifications of the City Engineer within which the business is allowed to Operate a Sidewalk Café.
G. Responsible Party: Responsible Party means an individual who works on-site at the business and is responsible for overseeing the
Operation of the Sidewalk Café, such as the restaurant manager or other person with similar responsibility.
H. Permittee: Permittee means the individual who applied for the sidewalk café permit and to whom the permit is issued. The Permittee
bears ultimate responsibility for the operation of the Sidewalk Café.
I. Storage of Materials: Storage of Materials means any arrangement of furniture and materials that precludes operating a sidewalk café.
17.25.030 Application Fee and Permit Fee.
(Amended by Ordinance Nos. 177028 and 182870, effective June 3, 2009.) Fees for operating a sidewalk café are established by the City
Engineer. Fees are assessed as prescribed in Section 17.24.010.
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Each application for a sidewalk café permit shall be accompanied by an application fee. The application fee is nonrefundable and
additional to the permit fee. The permit fee shall be collected prior to issuance of the permit. Permits renewed prior to April 1st do not
require an application fee.
17.25.040 Permit Application.
(Amended by Ordinance No. 182870, effective June 3, 2009.) Application for a permit to operate a sidewalk cafe shall be made at the
office of the City Engineer in a form deemed appropriate by the City Engineer. Such application shall include, but not be limited to, the
following information:
A. Name and address of the applicant.
B. A drawing showing the width of the applicant’s cafe or restaurant facing the sidewalk indicating the area requested to be used,
location of doorways, and the width of sidewalk (distance from curb to building face), location of tree wells, parking meters, bus shelters,
sidewalk benches, trash receptacles, driveway (curb cut), or any other semi-permanent sidewalk obstruction.
C. A color rendition in perspective for review by the Bureau of Development Services shall be furnished upon request by the City
Engineer.
D. A letter signed by the property owner, consenting to a sidewalk cafe adjacent to the property on which the restaurant is located.
E. A signed agreement between the Responsible Party and the City stating the Responsible Party understands all terms and conditions of
the permit.
17.25.050 Permit Requirements.
No person shall operate any restaurant or cafe, to provide food or alcoholic liquor, on any public street or sidewalk unless such person has
obtained a valid permit, to operate that business in such a manner, pursuant to this Chapter.
17.25.060 Location Rules and Review.
(Amended by Ordinance No. 182870, effective June 3, 2009.)
A. A sidewalk café shall only be allowed where the sidewalk is at least 8 feet wide. Café operations will be allowed only within the Area
of Operation, which shall be established by the City Engineer.
The following table shows the minimum width of the Clear Pedestrian Zone for a given sidewalk width.
Sidewalk Width Clear Pedestrian Zone Minimum
Width
Greater than or equal to 8’ 0” and less than or equal to 10’ 0”5’ 6”
Greater than 10’ 0” and less than 15’ 0” 6’ 0”
Greater than or equal to 15’ 0” 8’ 0”
B. Sidewalk width is determined by City records. Adjustments may be made at the discretion of the City Engineer when field
measurements conflict with City records.
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C. As a tool to allow compliance in areas with space conflicts a sidewalk café may be allowed pinch points that are less than the required
Clear Pedestrian Zone minimum width. At a pinch point, the Clear Pedestrian Zone minimum width may be reduced by 6 inches for a
length of no more than 2 feet. Pinch points must be at least 4 feet from adjacent pinch points. Pinch points are to be used at the discretion
of the City Engineer.
D. The Clear Pedestrian Zone shall be free of all obstructions, permanent and temporary. This includes objects such as posts, signs, street
lights, fire hydrants, bicycle racks, bicycles utilizing bicycle racks, vegetation, trees, tree-wells, planters, literature and news racks,
parking meters, bus shelters, benches, tables, chairs, umbrellas, heaters, and waste receptacles.
E. Obstructions controlled by the café or property owner that extend into the Clear Pedestrian Zone shall be at least 7 feet above the
sidewalk surface within the Clear Pedestrian Zone.
F. Curbside seating may be allowed, subject to approval, and must allow a 2 foot buffer from the curb. Loading zones, bus stops,
adjacent travel lanes or other conditions may prohibit curbside seating. The 2 foot buffer may be waived at the Bureau of Transportation’s
discretion when seating is adjacent to bike corrals or no-parking zones.
G. Within the Clear Pedestrian Zone there shall also be a continuous, straight passage at least 2 feet in width, known as the clear visual
zone, to provide pedestrians with a clear visual indication of the direction and location of the Clear Pedestrian Zone. The Clear Pedestrian
Zone is allowed to meander to navigate obstructions, but its ability to do so is limited by the clear visual zone.
H. To ensure compliance with the Americans with Disabilities Act, there shall be a continuous passage at least 4 feet in width with a
maximum 2% pavement cross slope within the Clear Pedestrian Zone.
I. The approved Area of Operation shall be established by the City Engineer.
J. Within the Transit Mall, additional criteria regarding Clear Pedestrian Zone minimum widths may be applied per the City Engineer’s
discretion.
17.25.070 Liability and Insurance.
(Replaced by Ordinance No. 182870, effective June 3, 2009.) A signed statement that the permittee shall hold harmless the City of
Portland, its officers and employees, and shall indemnify the City of Portland, its officers and employees for any claims for damages to
property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish
and maintain such public liability and property damages insurance as will protect permittee and City from all claims for damage to
property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance
shall provide coverage of not less than $1,000,000 (one million dollars). Such insurance shall be without prejudice to coverage otherwise
existing therein, and shall name as additional insured the City of Portland, its officers and employees, the property owner, and shall
further provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days written notice to
the City of Portland Bureau of Transportation, 1120 SW Fifth Avenue, Room 825.
17.25.080 Form and Conditions of Permit.
(Amended by Ordinance No. 182870, effective June 3, 2009.) The permit issued shall be in a form deemed suitable by the City
Engineer. In addition to naming the name of the business and other information deemed appropriate by the City Engineer, the permit
shall contain the following conditions:
A. Each permit issued shall terminate December 31st of the year in which issued.
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B. The permit issued shall be personal to the Permittee only and is not transferable in any manner.
C. The permit may be suspended by the City Engineer when an ordinance providing for a “community event” shall so provide.
D. The permit is specifically limited to the approved Area of Operation.
E. The Responsible Party shall use positive action to assure that its use of the sidewalk in no way interferes with or embarrasses sidewalk
users or limits their free and unobstructed passage.
F. The sidewalk and all things placed thereon shall at all times be maintained in a clean and attractive condition. Trash containers may
be provided for use by the cafe patrons.
G. The Permit shall be posted in a conspicuous place near the main entrance visible from the sidewalk at all times.
H. Storage of Materials shall be prohibited. All furniture and materials shall be removed within a period of 10 days from the right-of-way
when not in use. Removal of furniture may be required, on a case by case basis, outside of the business’ hours of operation if determined
necessary for safety or other reasons at the discretion of the City Engineer. The Portland Police Bureau or the Office of Neighborhood
Involvement may provide recommendations for the consideration by the City Engineer.
I. Responsible Party shall notify the Bureau of Transportation of any changes to the contact information provided in the City
/Responsible Party Agreement.
J. Outdoor cooking shall be prohibited.
17.25.090 Denial, Revocation or Suspension of Permit.
(Amended by Ordinance No. 182870, effective June 3, 2009.)
A. The City Engineer may deny, revoke, or suspend the permit for any sidewalk cafe authorized in the City of Portland if it is found:
1. That the provisions of this Chapter have been violated.
2. The Permittee does not have insurance which is correct and effective in the minimum amount prescribed in Section 17.25.070.
B. Upon denial or revocation, the City Engineer shall give notice of such action to the Responsible Party and Permittee in writing stating
the action which has been taken and the reason therefor. The action shall be effective upon giving such notice to the Responsible Party.
Any denial or revocation may be appealed to the City Engineer by filing within 10 days.
17.25.100 Appeal.
(Replaced by Ordinance No. 182870, effective June 3, 2009.) Any Applicant aggrieved by an Administrator's determination may appeal
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that determination to the Code Hearings Officer as provided in Chapter 22.10 of this Code. Notwithstanding any other provisions of this
Code, there shall be a non-refundable fee of $250 for any appeal pursuant to this subsection. Such fee must accompany any such appeal
and no such appeal shall be considered filed or received until such fee is paid in full.
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1/1/2010
City of Portland Bureau of Transportation
SIDEWALK CAFÉ
PERMIT Information and Application
Mail City of Portland
Bureau of Transportation
Sidewalk Café
1120 SW Fifth Avenue Room 800
Portland OR 97204
Phone 503-823-7002 option 5
Fax 503-279-3968
Email sidewalkcafe@pdxtrans.org
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Welcome!
This packet contains all of the information you need to understand and apply for a Sidewalk Café
Permit. Please read the contents before you start the application process. If you have any
questions, feel free to contact us at 503-823-7002 option 5.
What is a Sidewalk Café Permit?
A Sidewalk Café Permit allows the holder of the permit to place tables and chairs within the
sidewalk area adjacent to a business for use by patrons to whom the business has provided food
or beverage. This is an act that is otherwise prohibited in the City of Portland. Sidewalk Café
Permits are authorized by Portland City Code, Title 17, Chapter 25; Sidewalk Cafés.
The permit requires that the Sidewalk Café operator ensures that their Sidewalk Café meets site
and other regulations as set by the City of Portland.
Who is the Sidewalk Café Permit issued to and where can it be used?
The Sidewalk Café Permit is issued to an individual, the Permittee, for use by the single business
and location named in the application. The Permittee is often the owner of the business. The
permit is personal to them and cannot be transferred in any manner, nor can the permit be used
for another business or location.
Who is responsible for Sidewalk Café operations?
The Permittee bears ultimate responsibility for the operations of the Sidewalk Café.
Some types of permit violations can result in immediate citation by a Portland Police Officer. The
citation would be issued to the Responsible Party. The Responsible Party is the person
overseeing business operations at the time, such as the restaurant manager or shift manager.
It is the Permittee’s responsibility to inform any Responsible Party of Sidewalk Café Permit
requirements.
What does a Sidewalk Café Permit cost?
There are two types of cost for a Sidewalk Café Permit: an application fee and a permit fee.
How much is the application fee?
The total application fee is base fee of $150.00 plus $4.50 per linear foot of Sidewalk Café
operation. The total linear feet of Sidewalk Café operation will be determined during a site visit by
City staff and the Permittee or their agent.
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How much is the application fee? (continued)
A $50.00, non-refundable payment is due at the time of application. The remainder of the
application fee is refundable if no permit is issued. If a permit is issued, the permittee has two
choices for paying the remainder of the application fee. First, the remainder of the application fee
may be paid in-full at the time of permit issuance. Second, the permittee may choose to divide the
total application fee into three equal sums, one due at the time of permit issuance for each of the
business’s first three annual permits. If the second option is chosen and the permittee decides to
not renew their permit before the application fee has been paid in-full, the remaining balance will
be due immediately.
How much is the permit fee?
The total annual permit fee is $75.00 plus $1.50 per linear foot of Sidewalk Café operation. The
total permit fee is due at the time of permit issuance.
Do I need liability insurance for a Sidewalk Café Permit?
Before a Sidewalk Café Permit can be issued, you must provide the City with evidence of your
business’s liability insurance. The insurance must remain current as long as you have a permit
and will need to meet the City’s requirements, detailed later in this packet.
Do I need permission from the owner of the property on which my business is located?
The owner of the property adjacent to the Sidewalk Café must give consent before a Sidewalk
Café Permit can be issued. They are ultimately responsible for the maintenance and condition of
the sidewalk and are potentially liable for that which occurs on the sidewalk.
When is a Sidewalk Café Permit valid?
Sidewalk Café Permits are issued on an annual basis. They are valid upon issuance and expire
December 31st of the year issued, unless revoked earlier.
Sidewalk Café operations are allowed during any hours that the business is open and operating.
Where can my Sidewalk Café be located?
A Sidewalk Café will only be allowed where
• The area is either zoned as Commercial or Employment
• The sidewalk, as measured from the property line to the curb, is at least 8 feet wide
• A Clear Pedestrian Zone can be established
Zoning can be determined on the website www.portlandmaps.com, by calling Portland Planning
and Zoning at 503-823-7526, or in Portland City Code, Title 33, Planning and Zoning.
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Where can my Sidewalk Café be located? (continued)
Sidewalk Café operations are confined to a space referred to as the Area of Operation. All
operations, furniture, and other obstructions must be within the Area of Operation at all times.
The area reserved for pedestrian and other travel is referred to as the Clear Pedestrian Zone.
This area must be free of all obstructions such as posts, signs, street lights, fire hydrants, bicycle
racks, bicycles utilizing bicycle racks, vegetation, trees, tree-wells, planters, literature and news
racks, parking meters, bus shelters, benches, tables, chairs, umbrellas, heaters, and waste
receptacles. The Clear Pedestrian Zone must also meet City standards as described in the
Sidewalk Maintenance Program Policy & Operating Guidelines (TRN-1.11). Obstructions such as
café umbrellas are allowed to extend into the Clear Pedestrian Zone from within the Area of
Operation only when all parts are above a height of 7 feet within the Clear Pedestrian Zone.
The minimum width of the Clear Pedestrian Zone is determined by the width of the sidewalk and
is shown in the table below.
Sidewalk Width
measured from property line to curb
Clear Pedestrian Zone
Minimum Width
Less than 8 feet No Permit Allowed
Greater than or equal to 8 feet and less than or equal
to 10 feet 5 feet 6 inches
Greater than 10 feet and less than 15 feet 6 feet
Greater than or equal to 15 feet 8 feet
The width of the sidewalk is determined by City records. Adjustments may be made at the
discretion of the City Engineer when field measurements conflict with City records.
The Clear Pedestrian Zone is allowed to meander from side to side to avoid obstructions, but
must always contain a continuous, straight passage with a minimum width of 2 feet. This is
referred to as the Clear Visual Zone and provides pedestrians with a clear indication of the
walkway through the Sidewalk Café. The Clear Visual Zone runs in the intended direction of
travel along the sidewalk; in most circumstances this is parallel to the curb.
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Where can my Sidewalk Café be located? (continued)
In the case of adjacent Sidewalk Cafés, the Clear Pedestrian Zone and the Clear Visual Zone of
the newer Sidewalk Café will align with the same zones of the older Sidewalk Café.
The Area of Operation for a Sidewalk Café is typically located between the business’s property-
line and the Clear Pedestrian Zone. The Area of Operation may also be located, at the discretion
of the City Engineer, between the Clear Pedestrian Zone and the curb; generally a 2 foot buffer
will be required between the Area of Operation and the curb. If a sidewalk is wide enough, an
Area of Operation may be allowed on each side of the Clear Pedestrian Zone.
What if my business is adjacent to the Transit Mall?
The Transit Mall is the entire length of SW 5th and SW 6th Avenues between I-405 and NW Irving
Street; bus and MAX platforms are located on the west side of SW 5th Avenue and on the east
side of SW 6th Avenue. Bus and MAX platform areas are excluded when determining sidewalk
width on the Transit Mall. Additional requirements may apply to Sidewalk Cafés on the Transit
Mall.
How will I know where the Area of Operations is located?
City staff will affix a small marker to the sidewalk at each corner of your Sidewalk Café’s Area of
Operation to mark the boundaries. Additional markers may be placed at other points along the
boundary of the Area of Operation.
These markers will provide the operators of the Sidewalk Café an indication of the extent of the
Area of Operations; it is the Permittee or the Responsible Party’s responsibility to ensure that all
Sidewalk Café operations, furniture, and other obstructions remain within this zone.
What types of furniture can I place in the Area of Operation?
In addition to tables and chairs or other seating, a Sidewalk Café Permit allows the placement of
furniture and other items within the Area of Operation that are pertinent to the operation of the
Sidewalk Café. This includes items such as umbrellas, planters, and bussing carts. All items are
subject to approval by the City Engineer.
Do I ever need to remove my furniture?
Storage of materials on the sidewalk is prohibited. For a Sidewalk Café this means that you need
to remove all furniture and any other obstructions that are permitted by your Sidewalk Café
Permit within ten days when not in use. “Not in use” means that your Sidewalk Café is not being
used by you or your customers.
You may leave your Sidewalk Café furniture within your Area of Operation overnight or on days
that your business is regularly closed.
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Am I allowed to secure my furniture?
Furniture is allowed to be secured within the area of operation. Furniture may only be secured to
structures that are controlled by the Sidewalk Café operator or, with permission, by the owner of
the property adjacent to the Sidewalk Café.
It is preferred that furniture be secured in a fashion that allows quick removal of the furniture,
such as with a cable and lock. Secured furniture still must be removed within ten days when not
in use.
What if I want to adjust my Area of Operation after my Sidewalk Café Permit is issued?
If you increase the size of your Area of Operation, you will be charged $6.00 per linear foot
added. For each added linear foot your annual permit fee will be increased by $1.50, effective the
next permit year.
If you decrease the size of your Area of Operation, you will be charged $4.50 per linear foot
removed. For each removed linear foot your annual permit fee will be decreased by $1.50,
effective the next permit year.
What if I want to change who the Permittee is?
The permit is personal to the Permittee to whom it was issued and cannot be transferred to
others. Any new Permittee must apply for a new Sidewalk Café Permit.
What if I am a new owner of a business that previously had a Sidewalk Café Permit and
would like to have one issued?
If you are a new owner of a business that previously had a Sidewalk Café Permit and would like
to have one issued, you will need to apply for a Sidewalk Café Permit; the permit is personal to
the Permittee to whom it was issued and can not be transferred to others.
If the Sidewalk Café markers have been removed from the Area of Operation or you want to
adjust the size of the Area of Operation, the application and permitting process will be identical to
that for any other new Sidewalk Café.
If the Sidewalk Café markers have not been removed from the Area of Operation and you do not
want to adjust the size of the Area of Operation, your application fee will only be the base fee of
$150.00; you will not need to pay the additional $4.50 per linear foot. All other aspects of the
application and permitting process will be identical to that for any other new Sidewalk Café.
Is there any thing else I should consider?
Your Sidewalk Café must accommodate for customers who are on the sidewalk and waiting or in
line for your business. The location and configuration of your Area of Operations can not be such
that it encourages waiting or in line customers to obstruct the Clear Pedestrian Zone. You may be
required to provide a location for waiting or in line customers that is on private property or that is
incorporated into your Area of Operations.
All food must be prepared within your building; cooking and preparation of food within the
sidewalk area is prohibited.
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Is there any thing else I should consider? (continued)
Before purchasing your Sidewalk Café furniture, consider the accessibility of your furniture and
design to those with disabilities, wheelchairs, or mobility devices.
The State of Oregon’s Smokefree Workplace Law prohibits smoking within 10 feet of entrances,
exits, windows that open, and ventilation intakes of workplaces or public places. This applies to
both your building and any neighboring buildings. For more information contact the State of
Oregon Department of Human Services at 971-673-0984.
A-Board signs are not permitted under a Sidewalk Café Permit and can not be placed within the
Clear Pedestrian Zone. These signs require a separate permit that can be obtained from the
Bureau of Development Services Trade Permits group. They can be contacted at 503-823-7363.
The sale of alcohol in the State of Oregon requires that your business have a Liquor License. If
you wish to sell alcohol to customers to be consumed when using your Sidewalk Café, you will
need to apply for an Extension of Premises for your Liquor License. The Oregon Liquor Control
Commission can be contacted at 503-872-5070.
How do I apply for a Sidewalk Café Permit and what should I do first?
Before you apply for a Sidewalk Café Permit, review all of the information in this packet. Look at
the area that you plan to use and assess if it will meet the requirements of the Sidewalk Café
program. Make a plan for how you intend to use the area.
All of the materials that you need to start your application are included as the following pages of
this packet. Begin with the next page, “Sidewalk Café Permit Application Instructions and
Checklist”.
Feel free to contact the Sidewalk Café Permit Program (contact information on cover) if you
would like to verify the width of the sidewalk adjacent to your business, discuss your plans, or
have any questions.
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SIDEWALK CAFÉ
Permit Application Instructions and Checklist
City of Portland ▪ Bureau of Transportation ▪ Sidewalk Café
1120 SW Fifth Avenue Room 800 ▪ Portland Oregon ▪ 97204
Phone 503-823-7002 option 5 ▪ Fax 503-279-3968
Preparation
These instructions and the incorporated checklist follow the general Sidewalk Café Permit process from application
to the issuance of your permit. Before beginning the application process, read the entire “Sidewalk Café Permit
Information and Application” packet and familiarize yourself with all of the forms included in it. If you have any
questions before you begin, call 503-823-7002 option 5.
Step One – Submit a Complete Application
Applications not completed within 30 days of initial submittal may be returned as incomplete.
Complete the “Sidewalk Café Application” form
Complete the “Sidewalk Café Responsible Party Agreement” form
Complete the “Sidewalk Café Property Owner Consent” form
Complete the “Sidewalk Café Concept Drawing” form
Obtain an insurance certificate, including endorsement, that meets the requirements stated on the “Insurance
Requirements for Street and Sidewalk Use Permits” form
Ensure all forms are complete and submit with $50 application
fee payment by check made payable to the City of Portland to:
City of Portland
Bureau of Transportation
Sidewalk Café
1120 SW Fifth Avenue Room 800
Portland OR 97204
Step Two – Site Visit
You will be contacted by City staff within one week of receiving your completed application to schedule a site visit.
You or a representative must attend this site visit. If your application remains incomplete 30 days after your initial
submission, it will be returned to you.
During the site visit, you will discuss your Sidewalk Café concept with City staff and define your Area of Operation;
City staff will temporarily mark the boundaries and provide an estimate of your annual permit fee and the remainder
of your application fee.
Purchase your Sidewalk Café furniture and ensure it fits entirely within your Area of Operation when set up as if it
were being actively used for dining. You are not permitted to leave your furniture on the sidewalk.
Contact City staff to schedule an inspection of your Sidewalk Café.
Step Three – Sidewalk Café Inspection and Fee Payment
City staff will meet you or your representative for an inspection of your Sidewalk Café. Have your Sidewalk Café
furniture set up within your Area of Operation and be ready to pay the balance of your annual fee by check.
City staff will permanently mark the boundaries of your Area of Operation and take a final measurement of the linear
footage of your Sidewalk Café. This measurement will be used to establish your annual permit fee and the
remainder of your application fee.
City staff will provide an invoice; choose a payment option for your remaining application fee and pay the invoiced
application fee and permit fee.
Step Four – Receive your Permit
You will receive a welcome packet and your permit by mail. Review this material.
Post your permit in a conspicuous location that is visible from the sidewalk and near your main entrance. Post the
“Your Responsibilities” poster in a conspicuous location accessible by the business’s employees.
You may begin operating your Sidewalk Café.
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SIDEWALK CAFÉ
Application
City of Portland ▪ Bureau of Transportation ▪ Sidewalk Café
1120 SW Fifth Avenue Room 800 ▪ Portland Oregon ▪ 97204
Phone 503-823-7002 option 5 ▪ Fax 503-279-3968
Applicant Information – Name and Contact Information for Applicant
Applicant Name (person):
Phone:
Mailing Address:
City: State: Zip:
Business Information – Name and Location of Business that will Use Permit
Business Name:
Business Phone:
Business Address:
City: State: Zip:
Sidewalk Café Location Details
Name of street or streets on which Sidewalk Café will be located:
Street:
Street:
Certification and Hold Harmless Agreement
I certify that the information contained in this application and any other materials submitted in the course of my
application for a Sidewalk Café Permit is true to the best of my knowledge.
I shall hold the City of Portland, its officers, agents and employees, and the adjacent property owner free and
harmless from any claims for damages to persons or property including legal fees and costs of defending any
actions or suits thereon, including any appeals therefrom, which may result from the granting of this permit.
Applicant Signature: Date:
Complete Application Checklist
The following materials must be submitted to complete your application; if all materials are not received
within 30 days of initial submittal your application may be returned as incomplete.
Sidewalk Café Application (this form)
$50 application fee payment; check made payable to the City of Portland
Sidewalk Café Responsible Party Agreement
Sidewalk Café Property Owner Consent
Sidewalk Café Concept Drawing
Current certificate of insurance and endorsement
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SIDEWALK CAFÉ
Responsible Party Agreement
City of Portland ▪ Bureau of Transportation ▪ Sidewalk Café
1120 SW Fifth Avenue Room 800 ▪ Portland Oregon ▪ 97204
Phone 503-823-7002 option 5 ▪ Fax 503-279-3968
I, ,
name of individual applying for a Sidewalk Café Permit
understand that a condition of the granting of my Sidewalk Café Permit is that I abide by this agreement.
Failure to do so may result in the revocation of my Sidewalk Café Permit.
I understand that I am ultimately responsible for all violations of any City, County, and State code or
regulation that result from the operation of my Sidewalk Café. I will familiarize myself with any applicable
code and will take immediate action to ensure that any violations are corrected.
I understand that any violations that result from the operation of my Sidewalk Café are potentially citable
offenses and that the citation may be issued to whomever is overseeing operation of the business at the
time, even if that person is someone other than me.
I will ensure that an employee of the business using my Sidewalk Café Permit is, at any time that my
Sidewalk Café is operating, overseeing the operation of the Sidewalk Cafe and taking immediate action
to ensure that any violations are corrected. I will familiarize any employee who is overseeing business
operations or the operation of the Sidewalk Cafe with any applicable code or regulation and inform them
of their responsibilities and personal liability.
I will post in a conspicuous location, accessible by all employees of the business using my Sidewalk
Café Permit, the poster “Your Responsibilities for a City of Portland Sidewalk Café Permit”. This poster
will be displayed at all times and, if damaged or otherwise made unreadable, will be immediately
replaced.
If ownership of the property to which my Sidewalk Café is adjacent changes I will submit an updated
Sidewalk Café Property Owner Consent form to the Sidewalk Café program.
If a pavement marker delineating my Sidewalk Café Area of Operation is tampered with, damaged,
moved, missing, or in any other way interfered with, the Portland Bureau of Transportation will be
immediately contacted and the replacement or repair of the pavement marker will be requested.
If a pavement marker delineating my Sidewalk Café Area of Operation is willfully tampered with,
damaged, moved, missing, or in any other way interfered with by an employee of the business using my
Sidewalk Café Permit or myself, my Sidewalk Café Permit will be immediately revoked.
Applicant Signature: Date:
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SIDEWALK CAFÉ
Property Owner Consent
City of Portland ▪ Bureau of Transportation ▪ Sidewalk Café
1120 SW Fifth Avenue Room 800 ▪ Portland Oregon ▪ 97204
Phone 503-823-7002 option 5 ▪ Fax 503-279-3968
I, ,
name of property owner
authorize
Sidewalk Café Permit applicant (person)
to operate a Sidewalk Cafe for
name of business
adjacent to my property located at the address .
property address and street
This consent shall run concurrent with the Sidewalk Cafe Permit. If at any time the permit expires or is
revoked, this consent shall be void.
The operator of the Sidewalk Cafe is required to comply with all applicable sections of City, County, and
State code. Failure to do so may cause the permit for said location to be revoked.
I understand this consent may be revoked in writing with the revocation to become final on December
31st of the same calendar year. Any revocation received on December 1st through December 31st shall
become effective thirty (30) days after receipt. Written revocation must be submitted to:
City of Portland
Bureau of Transportation
Sidewalk Café
1120 SW Fifth Avenue Room 800
Portland OR 97204
The café owner agrees to hold the property owner free and harmless from any claims for damages to
persons or property including legal fees and costs of defending any actions or suits thereon, including
any appeals therefrom, which may result from the granting of this permit.
The property owner is ultimately liable for any damage resulting from the condition of the sidewalk or
any obstructions placed thereon and is responsible for reconstructing, maintaining and repairing the
sidewalks, curbs, driveways and parking strips abutting or immediately adjacent to their property
(Portland City Code 17.28.020).
Property Owner Signature: Date: Signatory Name (print):
Company:
Phone:
Mailing Address:
City: State: Zip:
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SIDEWALK CAFÉ
Concept Drawing
City of Portland ▪ Bureau of Transportation ▪ Sidewalk Café
1120 SW Fifth Avenue Room 800 ▪ Portland Oregon ▪ 97204
Phone 503-823-7002 o
In the space below, provide a drawing of your Sidewalk Café concept.
Include the entire sidewalk area adjacent to your business, showing all features and obstructions on the
sidewalk and street names. Indicate the area(s) that you plan to use as your Area of Operation and the
distance between your Area of Operation and any sidewalk features or obstructions within 10 feet.
This drawing will allow City staff to familiarize themselves with your concept before scheduling a site
visit.
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12/8/2009
INSURANCE REQUIREMENTS FOR STREET AND SIDEWALK USE PERMITS
CITY OF PORTLAND - BUREAU OF TRANSPORTATION - STREET SYSTEMS MANAGEMENT
This information will assist you and your insurance agent in complying with City insurance requirements for Street and
Sidewalk Use permits.
The City of Portland Requires
• A Standard Certificate of Liability Insurance, with the City of Portland named as the Certificate Holder.
• Certificate Holder Address: City of Portland
Street Systems Management
1900 SW 4th Avenue Suite 5000
Portland OR 97201
AND
• An endorsement, on file with the certificate, naming the City of Portland as an additional insured. List the endorsement
used in the “DESCRIPTION OF OPERATIONS...” section of the certificate. The following endorsements are acceptable:
• City of Portland Street and Sidewalk Use Permit Endorsement
OR
• CG 20 12 07 98; “Additional Insured - State or Political Subdivisions – Permits”
OR
• An endorsement equivalent to the CG 20 12 07 98 endorsement
Minimum Requirements for Liability Insurance
The insurance shall provide coverage not less than $1,000,000 (one million dollars) per occurrence.
Regulations
The insurance certificate is intended to protect the public from any liability it may incur as a result of granting the
requested permit.
Notification of Cancellation
The City of Portland requires 30 (thirty) days notice mailed from the insurance company prior to cancellation of the policy.
In the “DESCRIPTION OF OPERATIONS...” section of the certificate
• Indicate the type of permit being applied for (Street/Lane/Sidewalk Closure, Street Opening, Sewer Connection, Banner,
Sidewalk Café, Vending Cart, Community Event, Block Party).
• If the insured seeks a permit for a set location/address or group of set locations/addresses that are different than the
Insured’s address on the certificate then the location(s) must be listed.
• If the insured continuously seeks permits for changing locations then do not list the permitted location/address, if you do
we will require a new certificate for every new location. In this situation you may choose to indicate “All Operations”.
Submission
Fax: 503-823-4554
Mail: Please mail to the Certificate Holder Address above
E-Mail: ssmi&b@pdxtrans.org
THE CERTIFICATE AND ENDORSEMENT MUST BE APPROVED BY THE CITY ATTORNEY BEFORE A PERMIT CAN
BE ISSUED. PLEASE ALLOW 6 BUSINESS DAYS FOR PROCESSING.
Questions
If you or your agent have any further questions, please call Street Systems Management at 503-823-7142 or send e-mail to
ssmi&b@pdxtrans.org
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Public Works Department
Permits Division
Room 714 Boston City Hall
Boston MA, 02201
(617) 635-4910
Sidewalk Café
http://cityofboston.gov/publicworks
THIS LICENSE, MAINTENANCE AND INDEMNIFICATION AGREEMENT is made as of this 1st
day of May, 2000, by and between the CITY OF BOSTON, acting by and through its Public Improvement
Commission, hereinafter the "City," and Burn, Inc., d/b/a Tremont 647 (hereinafter the "Licensee"), with a
place of business at 647 Tremont Street, Boston, MA 02118, and with executive offices at the same
address.
WITNESSETH THAT:
WHEREAS, Licensee is the owner and operator of the restaurant known as the "Tremont 647,"
which is located at the owner’s premises at 647 Tremont Street, Boston, Massachusetts, Boston Proper
(hereinafter the "Site"); and
WHEREAS, the Licensee petitioned the Public Improvement Commission for the issuance of a
license for the purpose of placing a [temporary] sidewalk café (hereinafter "Café") directly in front of the
Site; and
WHEREAS, the Public Improvement Commission, by a vote taken at the Public Hearing held on
November 18, 1999, approved Licensee's petition for a license; and
WHEREAS, the Licensee's engineer, Charles Chaloff Consulting Engineers, Inc., 374 Congress
Street, Boston, Massachusetts 02210 ("Charles Chaloff"), has, as required by the Licensor, provided the
Licensor with a letter that states that no area ways exist below the Site; and
WHEREAS, the Licensor requires that this Agreement be entered into as a condition of the
license for the Café.
NOW THEREFORE, in consideration of the license given by the Licensor to the Licensee, the
Licensee agrees as follows:
I. TERM OF LICENSE:
Unless otherwise terminated by the Licensor, the license to have a Café on the Licensor's
property shall be temporary, and the license will be issued for the period of May 1, 2000 to October 31,
2000.
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Public Works Department
Permits Division
Room 714 Boston City Hall
Boston MA, 02201
(617) 635-4910
Sidewalk Café
http://cityofboston.gov/publicworks
II. LICENSED AREA:
1. Location:
a. The Café shall be located directly in front of and contiguous to the Site. The exact
location of the Café is shown on an architect's plan entitled #647 Tremont Street
Sidewalk Café, prepared by Thomas R. Huth, and dated November, 1999, which plan is
on file with the office of the Public Improvement Commission for the City of Boston.
b. The Licensee shall have the obligation to prevent encroachment onto space not covered
by this license. To accomplish this goal, the Licensee shall install a non-movable and
temporary system of enclosure around the Café, with removable bollards.
2. Dimensions:
a. The Café measures 186 square feet. At all times the Licensee shall insure that the
Café extends out to the curb cut no less than six (6) feet, and no more than the area
allowed by this License.
b. The Licensee shall ensure that, at all times, there will be at least four (4) feet of sidewalk
between the boundary of the Café and the tree grates, if any. If there are no tree grates
or other street furniture, then there shall be at least four (4) feet of sidewalk between the
boundary of the Café and the curb cut.
c. The Licensor reserves the right to require that more than four (4) feet of sidewalk is
made available during certain hours of the day, or days of the week.
3. Pedestrian/Patron Access/Use:
a. Licensee shall provide safe and adequate access to patrons making use of the Café
and to pedestrians making use of the public way in or near the Café or Site.
b. The Licensee shall ensure that no alcohol is sold or consumed outside of the Café and
Site.
c. The Café shall be constructed and maintained so as not to constitute a hazard or
danger to persons making use of the Café or Site and the public way.
4. Removal:
a. The Licensee shall ensure that all structures comprising the Café, including but not
limited to chairs, tables, fencing, bollards and planters will be easily removed during
periods of non-use, and at the expiration of this license.
b. The Licensee shall remove all fixtures, chairs, tables, fencing, bollards, planters and any
other items related to or connected to the Café from the public way on the last effective
date of this license.
193
Public Works Department
Permits Division
Room 714 Boston City Hall
Boston MA, 02201
(617) 635-4910
Sidewalk Café
http://cityofboston.gov/publicworks
III. FEES AND COSTS:
1. To Be Paid By The Licensee:
a. The Licensee at its own cost and expense shall maintain the Site and Café.
b. The Licensee shall bear all financial responsibility for any and all improvements to the
public way, both within and surrounding the Café, which are in the opinion of any City
department or agency, required for the proper and safe operation of the Café.
c. The Licensee shall bear all costs and expenses related to the construction and
maintenance of any utilities and other amenities relative to this license and operation of
the Café.
d. The Licensee shall, prior to its entry upon, or use or occupancy of the Site, and prior to
installing or constructing any part of the Café, have paid any and all fees required to be
paid. No permit fees or other fees will be waived.
e. Monthly Rental Fee:
(i) The license fee for the month of XXXXXX shall be _________________
______________ DOLLARS ($_____.00). Thereafter, the monthly license fee
shall be ___________________________ DOLLARS and ___/___. It shall be
due and payable on the first day of each month.
(ii) The XXXX payment is due upon the signing of this License. All subsequent
payments are due on the first day of each month. If payment is not received by
the 6th day of the month, the Licensor shall have the right to terminate this
license, and order the Licensee to remove the Café from the Licensor's
property.
f. Escalation Clause:
(i) The monthly rental fee is subject to change on a yearly basis. Increase will be
based on the prior year's change in the consumer price index.
2. By The Licensor:
a. The Licensor shall not be required to make any improvements to the public way that will
be occupied by the Café, or expend any money for the benefit of the Licensee.
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Public Works Department
Permits Division
Room 714 Boston City Hall
Boston MA, 02201
(617) 635-4910
Sidewalk Café
http://cityofboston.gov/publicworks
IV. HOURS OF OPERATION:
The Licensing Board for the City of Boston ("Board") shall establish the hours of
operation and any other restrictions, limitations, etc. it deems appropriate.
The decision of the Board is incorporated by reference, and a copy of it
shall be attached hereto as Exhibit A.
V. INDEMNIFICATION AND INSURANCE REQUIREMENTS:
1. The Licensee shall indemnify and save harmless the Licensor against all claims and demands of
all persons or entities for damages, costs, expenses or compensation for, on account of, or in
any way growing out of the use and occupancy by the Licensee, his patrons, and or invitees of
the Site and Café, or by reason of any act or neglect of said Licensee, its officers, agents, and
employees, or by any reason of any violation of any term or specification contained in this
Agreement or in any license or permit necessary in the said use and occupancy of the Site or
Café.
2. The Licensee shall obtain and maintain liability insurance for the period stated in Section I
above. The minimum amount of insurance shall be in the amount of One Million Dollars
($1,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) in the aggregate. A
copy of the Certificate of Insurance is attached hereto as Exhibit B.
3. Prior to the issuing of any permits by the Public Works Department, the Licensee shall provide
the Licensor with an original Certificate of Insurance that names the City as an Additional
Insured.
VI. NOTICE REQUIREMENTS:
1. All notices shall be in writing and shall be by certified or registered mail, return receipt requested,
addressed as follows:
If the Licensor at: Public Improvement Commission
c/o City of Boston Public Works Department
City Hall-Room 714
Boston, MA 02201
Attention: Executive Secretary
And if to the Licensee at: Burn, Inc.
d/b/a Tremont 647
647 Tremont Street
Boston, MA 02118
Attention: Andy Husbands
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Public Works Department
Permits Division
Room 714 Boston City Hall
Boston MA, 02201
(617) 635-4910
Sidewalk Café
http://cityofboston.gov/publicworks
VII. TERMINATION:
1. Unless otherwise terminated by the Licensor, the license to have a Café on the Licensor's
property shall be temporary, running from May 1, 2000 through October 31, 2000.
2. Notwithstanding any language to the contrary, the Licensor reserves the right to terminate this
Agreement and to require the Licensee to remove the Café from the Site if and when it deems it
necessary.
VIII. ADDITIONAL TERMS AND CONDITIONS:
1. The Café shall be used solely for the purpose of dining. Consumption of alcoholic beverages is
permissible but only if authorized by the Licensing Board.
2. The Café shall not be used solely for the purpose of serving alcohol.
3. The Licensee shall comply with all applicable federal, state and local rules, regulations and laws,
and any amendments thereof.
4. In the event the Site is located within a landmarks district, the Licensee shall obtain a letter from
the appropriate landmarks commission which sets forth approval of the Café and any furniture
used therewith. A copy of said letter shall be attached hereto as Exhibit C.
5. If the Site is not located in a landmark district, then the Licensee shall obtain design approval
from the Boston Redevelopment Authority, located on the 9th Floor of City Hall in Boston,
Massachusetts. A copy of the letter is attached hereto as Exhibit C.
6. The Licensee represents that is has obtained the approval of the Commission of Persons with
Disabilities. The Licensee shall provide a copy of the letter from said Commission prior to
obtaining the license to operate.
7. The Licensee shall ensure that the Site remains in a clean and sanitary condition, and that the
Licensee shall be solely responsible for the removal of trash from the Site.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first above written.
CITY OF BOSTON, acting by BURN, INC.
and through its Public
Improvement Commission By: ________________________________
Andy Husbands
________________________________ Its President
Joseph F. Casazza, Chairman
By: ________________________________
Dennis A. Quilty
________________________________ Its Attorney
Michael J. Galvin, Member
________________________________ APPROVED AS TO FORM:
Gary Moccia, Member
________________________________
Assistant Corporation Counsel / Date
196
Public Works Department
Permits Division
Room 714 Boston City Hall
Boston MA, 02201
(617) 635-4910
Sidewalk Café
http://cityofboston.gov/publicworks
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss: April ______, 2000
Then appeared before me Joseph F. Casazza, Chairman of the Public Improvement
Commission of the City of Boston, and acknowledged that he executed the foregoing instrument as the
free act and deed of the City of Boston, acting by and through its Public Improvement Commission.
______________________________ ______________________________
Notary Public My commission expires:
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss: April 2000 _____, 2000
Then appeared before me Michael J. Galvin, Commissioner of the Public Improvement
Commission of the City of Boston, and acknowledged that he executed the foregoing instrument as the
free act and deed of the City of Boston, acting by and through its Public Improvement Commission.
______________________________ ______________________________
Notary Public My commission expires:
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss: April _____, 2000
Then appeared before me Gary Moccia, Commissioner of the Public Improvement Commission
of the City of Boston, and acknowledged that he executed the foregoing instrument as the free act and
deed of the City of Boston, acting by and through its Public Improvement Commission.
______________________________ ______________________________
Notary Public My commission expires:
197
Public Works Department
Permits Division
Room 714 Boston City Hall
Boston MA, 02201
(617) 635-4910
Sidewalk Café
http://cityofboston.gov/publicworks
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss: April ______, 2000
Then appeared before me Andy Husbands and acknowledged that he executed the foregoing
instrument as his free act and deed and the free act and deed of Andy Husbands.
______________________________ ______________________________
Notary Public My commission expires:
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss: April _____, 2000
Then appeared before me Dennis A. Quilty, attorney, and acknowledged that he executed the
foregoing instrument as his free act and deed and the free act and deed of Dennis A. Quilty, attorney..
______________________________ ______________________________
Notary Public My commission expires:
M066475@SD:Café Agreement/LenoxFinal
198
Permits
Sidewalk CafesDownload the Sidewalk Cafe Application in PDF format.
Download the Sidewalk Cafe Petition in PDF format.Download the Sidewalk Cafe Requirements in PDF format.Download the Sidewalk Cafe Sample Agreements in PDF format.
Note: In order to view and print in PDF format, you must download and install the Adobe Acrobate Reader utility.
The Public Improvement Commission finds that the establishment of sidewalk cafes will promote the use and enjoymentof the City's public space; will enhance tourism within the City, and increase andicapped accessibility to restaurants.
ENABLING LEGISLATION
A. 11-6.3 ---- USE OF PUBLIC WAYS
The Commissioner shall have the jurisdiction vested by statute in the Board of Street Commissioners inrelation to the planting and removal of trees in the public ways and to the use of public ways for anytemporary obstruction or projection in, under or over the same; but such jurisdiction shall only be
exercised with the written approval of the Mayor in each instance. The Commissioner shall also have thepowers and perform the duties conferred or imposed by statute on the Board of Street Commissionersin relation to the use of parts of public ways for the storage and sale of merchandise.
Conditions and standards for occupation of the public way:
1. Every cafe shall be temporary in nature and designed so that the entire cafe structure and its appurtenancesincluding but not limited to chairs, tables, fencing, bollards and planters can be easily removed during periods ofnon-use. Furthermore, the City reserves the right to require the user to remove the sidewalk caf6 if and when itto be determines it necessary.
Public Process
2. Every owner/application (hereinafter "User") for a sidewalk cafe will be subject to Community review andapproval both through the Licensing Board and Public Improvement Commission hearings.
Location of Sidewalk Cafe3. The sidewalk cafe must be appurtenant and contiguous to the main restaurant facility. It may not extendbeyond the frontage face of the restaurant. To provide safe adequate circulation for patrons, the width of thesidewalk cafe shall be no less than six [6] 1 feet from the facade of the restaurant. However, the City reserves
the right to require that more than four (4) feet of sidewalk be made available during certain hours of the day, ordays of the week in order to accommodate increased pedestrian traffic.
4. To prevent additional encroachment onto public space and to contain the sale of alcohol within the cafe area,
the sidewalk cafe must be separated from the pedestrian walk space with a non-movable system of enclosure,such as decorative fencing with removable bollards.
Limitation on Use
5. No portion of a sidewalk cafe may be used for any purpose other than dining or circulation. Outdoor cafesmust serve dinners. No one shall be seated in an outdoor cafe for the sole purpose of drinking alcohol. The hoursof operation for outdoor cafes shall be determined by the Licensing Board for the City of Boston and will beincorporated into the lease agreement with the Public Improvement Commission.
Compliance with Laws, Statutes, etc.6. All sidewalk cafes must comply with all applicable federal, state and local laws and regulations, including theAmericans with Disabilities Act. A minimum unobstructed passageway from end of use [parallel to street] of notless than four [4] feet in width at all points will be required.
Landmarks Commission Approval7. The Landmark Commission shall have aesthetic review responsibility for cafe enclosures, tables, chairs, andaccessories in areas under their jurisdiction; all other proposals shall be subject to BRA design review. All cafe
enclosures will be subject to review and approval by the Commission of Persons with Disabilities It shall be theUser's responsibility to provide to the Public Improvement Commission, before the scheduled public hearing,written proof that it has obtained all requisite permits, approval from said agencies
8. The User who applies for a sidewalk caf6 license shall bear all financial responsibility for any and allimprovements necessary to the public space, both within and surrounding the sidewalk caf6 area. At no time andfor no reason shall public funds be expended for improvements designed to benefit the User. In addition a licenseagreement between the User and the Public Improvement Commission shall be required. The Agreement shalladdresses liability, maintenance and trash removal concerns, and set forth the fair market value rental cost for
the leasing of the public space.
Vaults9. The User shall provide the Public Improvement Commission with a written statement from a Certified engineer
that certifies that no vaults exist below the space where the proposed sidewalk cafe will be place. In the eventthat there is an underground vault, the User shall not obtain a license for the sidewalk cafe until such time as theInspectional Services Department is satisfied that the there is no risk that the sidewalk cafe will collapse.
Length of Lease10. The temporary lease for the use of the public space shall be seasonal from May 1st through October 30th,
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of each year.
Fee For Leasing Public Space11. Taking into consideration that the City is to incur NO costs relative to the sidewalk cafe, the Userunderstands that construction, maintenance, utilities and other amenities relative to this lease of public space
and operation of the sidewalk caf6 shall be the responsibility of the User. The rental fee for use of the publicspace shall be determined by the Public Improvement Commission. Said fee is subject to change on a yearlybasis. 12. Licenses issued for sidewalk cafes by the Public Improvement Commission will require that the useradhere to all applicable rules, regulations and laws governing the use of public space, and the operation of thecafe. Permits issued relative to sidewalk cafes will be subject to renewal on a yearly basis. The City reserves theright to revoke the license for any reason and at any time.13. By accepting this license the licensee specifically acknowledges that the licensee shall be solely responsiblefor any and all costs of whatever kind and nature, and the City shall not be responsible or liable for any suchcosts or be requested to reimburse the licensee for such costs in any respect or to any extent.
Public Improvement Commission process regarding sidewalk cafes.
1. Petition of property owner for placement of sidewalk cafe on public property directly abutting his restaurant orhis tenants' restaurant.
2. Notarized copy of rental lease agreement if surface space is to be used by tenant and not the propertyowner.
3. Three 8 " x 1 0 " glossy photos of area to be rented; frontal view, sharp angle right side and sharp angle leftside.
4. Three copies of a plan, signed by a registered engineer or surveyor, detailing proposed occupancy of public
space; showing placement of all street furniture associated with cafe as well as existing street furniture[telephone poles, street lights, hydrants, traffic lights, newsboxes, trees, signs, telephones, parking meters, busshelters, etc.]. Plan must clearly show separation between cafe space and pedestrian space noting dimensions ofeach on plan. Plan should also display or stipulate the storage area for the cafe furniture and appurtuances anddetail Utility cut-off points, manholes, vaults, etc. in sidewalk area to be rented.(a) If a surface vault {areaway} exists an affidavit by a professional engineer must be submitted attesting to thestructural adequacy and condition of the vault {areaway} below the sidewalk.
5. If the petition for a proposed cafe meets the standards set by the Commission for use of public space, the
matter will be placed on the agenda for a new business hearing. The applicant will be directed to the LicensingBoard for the City of Boston for community review and approval. The approval process before the PublicImprovement Commission and the Licensing Board for the City of Boston shall be simultaneous. Approval byeither the Public Improvement Commission or the Licensing Board shall be given subject to the approval of theother.
6. Indemnification Standards: That the Applicant hereby covenants with the City to indemnify and save harmlessthe City against all claims and demands of all persons for damages, costs, expenses or compensation for, onaccount of, or in any way growing out of the use and occupancy by the Applicant, his patrons, and or invitees ofthe licenses area, or by reason of any act or neglect of said Applicant, its officers, agents, and employees, or byany reason of any violation of any term or specification contained in this Agreement or in any license or permitnecessary in the said use and occupancy of the Licensed Premises.
7. Insurance Language: The Applicant's ability to operate the Sidewalk Caf6 shall be conditioned upon theApplicant obtaining and maintaining liability insurance for the period covered by the license. The minimum amountof insurance shall be in the amount of One Million [$1,000,000.00] Dollars per occurrence and Three Million[$3,000,000.00] Dollars in the aggregate. The Certificate of Insurance shall name the City of Boston as anadditional insured, and the Original Certificate shall be provided to the Executive Secretary of the PublicImprovement Commission prior to obtaining any permits.
8. Process: The Applicant shall obtain a sample copy of an approved License, Maintenance and IndemnificationAgreement [Agreement] from the Executive Secretary of the Public Improvement Commission. The Agreement
is to be used as a model which shall be conformed to the particular fact, situation of the applicant. TheAgreement is to be submitted to the Department of Public Works for approval by the Law Department.
9. Once the applicant has received all necessary City approvals the License agreement for use of the public spacewill be signed by the members of the Public Improvement Commission.
Permits - City of Boston http://www.cityofboston.gov/publicworks/PrmSwkCafe.asp
2 of 2 4/14/2010 1:55 PM
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Page 1 of 3
February 23, 2010
Dear Sidewalk Café Applicant:
Thank you for your interest in providing a sidewalk café this year. The Sidewalk Café
permit allows the operation of food service activities on the public way from April 1
through November 1. It is not automatically renewable; a complete application must
be submitted each year.
It is important to remember that the café is not only located on the public way but is
also very much in the public eye. Your vigilance in monitoring compliance with the
minimum 6 foot unobstructed passage and the no smoking regulations will ensure
that your sidewalk café is enjoyed and appreciated.
HOW TO APPLY
Return the signed and completed application with all required enclosures to Ann
Stuart, Health Department, City of Evanston, 2100 Ridge Avenue, Evanston, IL
60201
THE REVIEW PROCESS
The review process for renewals should be completed in 2 – 3 weeks if the
application is received with all required enclosures. For new applications, the
required appearance at the Site Plan and Appearance Review Committee and
before City Council adds 2 – 4 additional weeks.
Your application will be reviewed by the Health Department (for completeness;
outstanding fees; possible food safety, Clean Air Act – Smoking and site plan
concerns; zoning district appropriateness; and Property Standards citations); by
Legal (for insurance compliance) and, for new applications or applications submitting
a revised site plan, by Engineering (for compliance and determination of square
footage on the public way).
FEES
You may include a check (payable to the City of Evanston) for some or all applicable
fees with your application or you may pay all applicable fees once the application
has been reviewed and approved. An invoice will be sent if fees are outstanding at
permit approval.
Evanston Health Department
2100 Ridge Ave
Evanston, Illinois 60201
T 847.866.2948
TTY 847.448.8052
F 847.448.8134
www.cityofevanston.org
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Page 2 of 3
PERMIT ISSUANCE
Once all approvals have been received and payment received, the permit will be
issued and mailed to the address indicated on the application. The café may not
begin operation until April 1 or the date the permit is issued, whichever is later. The
permit should be posted in a location visible to patrons.
FEES (check payable to City of Evanston)
• Annual permit: $200
• Area of the public way occupied by the sidewalk café (as determined by the
City’s Engineering Dept): $1 per square foot
• If applicable, storage on the city sidewalk in the approved sidewalk café area
of tables, benches or chairs: $200
Please contact me with any questions.
Sincerely,
Ann Stuart
Health Licensing Coordinator
(847) 866-2947
astuart@cityofevanston.org
als
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February 5, 2009
To All Sidewalk Café Permit Holders Serving Alcohol,
I would like to take this opportunity to wish you a successful summer café season
and to remind you of the hours that liquor service is allowed at sidewalk cafes. I
have outlined the basic regulations relating to liquor service below. The regulations
are as follows:
1. A sidewalk café serving alcoholic liquor must have a permit to do so.
2. A sidewalk café serving alcoholic liquor must comply with the City of
Evanston Code regarding liquor control regulations (Title 3, Chapter 5),
as well as the applicable regulations in Title 7-2-6 regarding permitting
and regulations of sidewalk cafés.
3. Alcoholic liquor shall not be served at a sidewalk café after 9:30 p.m.
Sunday through Thursday and after 10:30 p.m. on Friday and Saturday.
Service is defined as the delivery of alcoholic liquor to a patron.
4. Alcoholic liquor shall not be present at a sidewalk café after 10:00 p.m.
Sunday through Thursday and after 11:00 p.m. on Friday and Saturday
5. All regulations are subject to enforcement by the Evanston Police
Department.
I trust this will clarify any questions regarding the service and consumption of liquor
at a sidewalk café. If you have further questions or need additional information
please contact Ken Cox, Assistant City Attorney, at (847) 866.2937.
Sincerely,
W. Grant Farrar
Corporation Counsel, City of Evanston
Law Department
2100 Ridge Avenue
Evanston, IL 60201
847.866.2937
847.448.8093 (fax)
TTY 847.448.8052
www.cityofevanston.org
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2010 Sidewalk Café Permit Application
Return to:
Ann Stuart, Health Licensing Coordinator
City of Evanston, 2100 Ridge Ave, Evanston, IL 60201
(847) 866-2947 / FAX (847) 448-8134
astuart@cityofevanston.org
Food Establishment License Number ____________________________________________________________
Food Establishment Name _____________________________________________________________________
Address_____________________________________________________ Phone ________________________
TYPE OF APPLICATION
____ First-Time (“New”)
____ Renewal
STATEMENT OF USE (check the definition that best describes your operation)
____ RESTAURANT, TYPE 1: (PLEASE CONTACT ZONING – (847) 866-2930 – FOR THE DEFINITION)
____ RESTAURANT, TYPE 2: (PLEASE CONTACT ZONING – (847) 866-2930 – FOR THE DEFINITION) (Type 2
Restaurants are required to post the enclosed LITTER COLLECTION PLAN on site)
____ ICE CREAM STORE: An establishment selling primarily ice cream, soda water, frozen yogurt and soft drinks.
____ BAKERY: An establishment for any process of mixing, compounding and baking any bread, biscuits, crackers, rolls,
cakes, pies, or any food products of which flour or meal is the principal ingredient, for sale at retail or at wholesale.
____ OTHER FOOD SERVICE ESTABLISHMENT or OTHER RETAIL FOOD STORE
ADDITIONAL INFORMATION (check if “Yes”)
___ Reusable dishware/flatware will be used for café customers
___ Disposable dishware/flatware will be used for café customers
___ Public parking is available within 1 block
___ Valet parking is offered
___ Storage of tables, benches or chairs will be on the city sidewalk (see FEES)
___ Liquor service will be available at the café (include a copy of current liquor license with application)
THE FOLLOWING ARE INCLUDED WITH THIS APPLICATION (check if “Yes”)
___ A menu of the proposed service
___ The signed Release, Indemnification & Hold Harmless Agreement
___ A certificate of insurance as described here: 7-2-6(3.f.): A certificate of insurance covering the period of the outdoor
operations, including coverage of comprehensive general liability insurance and other appropriate coverage for these types
of business activities in the amount of one million dollars ($1,000,000.00) per occurrence and five hundred thousand dollars
($500,000.00) per person. The city is to be named as an additional insured on the face of the certificate with an insurance
company with a B+ rating or better. Any changes or cancellations shall require that the city be notified in writing at least
thirty (30) days prior to the effective date of the change or cancellation.
___ Check (payable to City of Evanston) in the amount of $__________________
FEE SCHEDULE
• $200: Annual permit
• $1 per square foot: area of the public way occupied by the sidewalk café (as determined by the City’s Engineering Dept)
• $200: if applicable, for storage on the city sidewalk in the approved sidewalk café area of tables, benches or chairs
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SITE PLAN (check the option the describes the site plan included with the application)
___ Option 1: NEW applications. Submit the site plan as described here: 7-2-6(3.b.): A detailed drawing to scale of the
proposed site indicating the following: the existing facade; the points of ingress and egress; and the proposed location of the
tables, chairs, serving equipment, planters, awnings, lighting, delimiting ropes or chains and other facilities to be included in
the cafe operation. The detailed scale drawing must indicate the location of the existing public improvements including the
following: fire hydrants, parking meters, streetlights, traffic signals, street signs, bus shelters, trees, tree grates, planting
boxes and/or planting areas, and any other public or private obstruction. A plat of survey may be required.
___ Option 2: RENEWAL applications. Submit a revised site as described in 7-2-6(3.b.) above for review by Engineering.
___ Option 3: RENEWAL applications. Submit the current Engineering-approved site plan on file with the City.
NOTE: Please contact Ann Stuart for a copy of the approved site plan. This will be emailed to you as a PDF file. The
drawing includes the total square footage to help you determine the fee due. Return a copy with this application.
PLEASE READ - CITY CODE 7-2-6 RULES AND REGULATIONS FOR ALL SIDEWALK CAFES:
5.a. (1) Licensed type 1 restaurants, possessing an alcoholic liquor license of any classification and located within the "core
area" as defined in section 3-5-1 of this code, may sell alcoholic liquor on sidewalk cafe premises. Such sale of alcoholic
liquor shall be for consumption on the premises only with the consumption of a meal. This provision must be clearly stated
on sidewalk cafe menus.
(2) Licensed restaurants, possessing an alcoholic liquor license of any classification, but located outside the "core area"
as defined in section 3-5-1 of this code, unless otherwise permitted in subsection (D)5a(3) of this section, and all type 2
restaurants, are prohibited from serving alcoholic liquor on the sidewalk cafe premises or allowing any patron to
consume or have in his or her possession, any alcoholic liquor on said cafe premises. Licensed restaurants outside the
core area which serve alcoholic liquor in the principal establishment, unless otherwise permitted in subsection (D)5a(3)
of this section, and type 2 restaurants which serve alcoholic liquor in the principal establishment must clearly state on
the menu for outdoor service that the sale and/or consumption of alcoholic liquor is prohibited.
(3) Licensed type 1 restaurants, possessing an alcoholic beverage license of any classification, but located outside the
"core area", may request a sidewalk cafe permit which allows the sale of alcoholic liquor on sidewalk cafe premises
subject to the standards and procedures of subsection (D)6 of this section and in compliance with all other applicable
provisions of this code.
b. At all times, including while being stored, prepared, displayed, served or transported to the table, food shall be protected
from potential contamination by being covered and/or refrigerated if necessary.
c. Reusable, nondisposable flatware, dishware and beverage containers, are required for use in association with all
sidewalk cafes. No food or beverage, including water, shall be served in, on, or with single use paper, plastic, or
polystyrene plastic dishes or utensils, nor shall any food or beverage be served to the customer wrapped or packaged in
foil, paper, plastic, or polystyrene plastic. The prohibition on the use of single use dishes, utensils, beverage containers or
foil, paper, plastic, or plastic wrapping or packaging may be waived by the city council upon a showing of good cause. Such
good cause includes, but is not limited to, provisions of table bus service, a litter control and disposal plan, or equivalents,
sufficient to obviate any adverse off site effects of the grant of the waiver.
d. When associated with type 1 restaurants, food or beverages consumed at sidewalk tables, benches, or chairs must be
served by a waiter or waitress of the restaurant at said tables, benches, or chairs. When associated with type 2 restaurants,
bakeries, ice cream stores or any other licensed food service establishment or other licensed retail food store, a sidewalk
cafe shall provide bus service during all hours of operation.
e. The operator of any licensed food service establishment or licensed retail food store must maintain the exterior of the
premises, including the sidewalk cafe area, in accordance with applicable regulations of the Evanston health department
and public works department. This duty to maintain extends to the removal of all litter, regardless of its source.
f. Sidewalk tables, benches, or chairs may not be attached by any means to the public sidewalk or any other public
property.
g. Sidewalk tables, benches, or chairs may be stored on the city sidewalk, in an area approved by the city, upon the
payment of a two hundred dollar ($200.00) fee.
h. A sidewalk cafe shall not be open for business when the interior aspect of the business is not open for business.
i. The outdoor seating area shall be accessible to the disabled, and the licensee shall at all times comply with all applicable
federal, state, and city laws, ordinances, and regulations concerning accessibility and nondiscrimination in the providing of
services.
j. No animals, except those assisting the disabled, shall be allowed in the outdoor restaurant seating area.
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k. Alcohol will only be served at sidewalk cafes in conjunction with a full meal. The sidewalk cafe shall not function as a
"bar", as that term is defined in section 3-5-1, the city's liquor control regulations, of this code.
l. Alcohol will not be served at sidewalk cafes after nine thirty o'clock (9:30) P.M. on weekdays and after ten thirty o'clock
(10:30) P.M. on weekends.
m. Any violation of the city's liquor control regulations at the sidewalk cafe premises subjects the licensee to revocation of
the liquor license for the entire licensed premises in accordance with the provisions of title 3, chapter 5 of this code. (Ord.
50-0-06)
n. Revocation or suspension of a sidewalk cafe permit by the city manager or his designee pursuant to subsection (D)7 of
this section prohibits service of alcoholic liquor on the sidewalk cafe premises for the duration of the revocation or
suspension. (Ord. 21-0-07)
ADDITIONAL RULES AND REGULATIONS FOR ALL SIDEWALK CAFES:
Smoking will be prohibited at both the sidewalk café and interior of the restaurant in accordance with
§ 8-21Clean Air Act – Smoking of the Evanston City Code and that wait staff and management will actively enforce this.
A clear distance of a minimum of six (6) unobstructed feet in width, measured from the sidewalk curb and from any public
improvements within the right of way, including, but not limited to, parking meters, signs, and planters to the ropes or chains
delimiting the sidewalk cafe area as indicated on the approved site drawing will be maintained.
As per § 7-2-6(C)(3)(f), a Certificate of Insurance showing coverage through November 1 of the permit year must be
submitted as part of the application. If coverage expires before November 1, a Certificate of Insurance must be submitted
30 days before the expiration date.
PERMIT AND INVOICE CONTACT (check one option regarding the permit and one regarding the invoice)
___ Mail the permit to the food establishment business address
___ Mail the permit to the applicant
___ Mail the permit to: ________________________________________________________________________________
___ Email the invoice for any outstanding payments to _______________________________________________________
___ Fax the invoice for any outstanding payments to _________________________________________________________
My signature on this application indicates that the information submitted is accurate and that I understand
and accept the responsibility to operate the sidewalk café in compliance with all the relevant City rules and
regulations.
Applicant ______________________________________________ Title/Position________________________
Mailing Address ______________________________________________________________________________
____________________________________________________________________________________________
Phone ___________________________________ Email __________________________________________
Signature ___________________________________________________ Date _________________________
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RELEASE, INDEMNIFICATION &
HOLD HARMLESS AGREEEMENT
(Sidewalk Café)
WHEREAS, the undersigned desires to maintain a sidewalk café (e.g. an outdoor dining seating area) on
a portion of the public sidewalk in the City of Evanston; and
WHEREAS, the City of Evanston may permit the undersigned to maintain such an area, provided that
the City shall not thereby incur the risk of any liabilities to the undersigned, or to any third party or
employee of the undersigned, by virtue of the presence or actions of the undersigned;
NOW, THEREFORE, the undersigned agrees to release, indemnify, defend and hold harmless the City
of Evanston, its officers, employees and agents against any and all loss, liability, damage, claims, costs,
attorney’s fees, and expenses which it may hereafter incur as a result of the undersigned’s operation of
the sidewalk café/outdoor dining seating area. The undersigned shall at his or her own expense, appear,
defend, and pay all attorney’s fees, and all costs and other expenses arising therefrom or incurred in
connection with the undersigned’s operation of the sidewalk café/outdoor dining seating area. If any
judgments shall be rendered against the City in any such action, the undersigned shall satisfy and
discharge the same excluding only such claims, demands or losses, which result from the sole
negligence of the City of Evanston or its officers, agents or employees.
I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS.
I AM AWARE THAT THIS IS A RELEASE AND HOLD HARMLESS AGREEMENT, AND A
CONTRACT BETWEEN THE CITY OF EVANSTON AND ME, AND I SIGN IT OF MY FREE
WILL.
Signed at ___________________________________ this______ day of___________________, 2010.
City, State Date Month
_________________________________________
Signature
_________________________________________
Name (Please Print)
_________________________________________
Title
_________________________________________
Address
_________________________________________
City, State, Zip
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LIABILITY AND INSURANCE REQUIREMENTS
Sidewalk Café Permit applicants shall, during the entire term hereof, keep in full force and effect, at its
own expense, the following insurance requirements for the entire permit period (April 1 – Nov 1):
1. Commercial general liability insurance in the amount of $1,000,000 per occurrence for
bodily injury and property damage. The City must be named as an additional insured on this
policy and an endorsement must be issued as part of the policy evidencing compliance with
this requirement.
2. Worker’s compensation and employer’s liability as required by the State of Illinois.
3. All policies must be issued by companies authorized to do business in the State of Illinois
and rated B+: VE or better per Best’s Key Rating guide, latest edition.
4. The City shall receive at least thirty (30) days written notice prior to any cancellation, non-
renewal or material change in the coverage provided.
5. The permittee must provide and have approved by the City’s Risk Manager an original
certificate of insurance as evidence that the above requirements have been met prior to the
permit becoming effective. Failure to comply with these requirements shall cause a
suspension or revocation of this permit.
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POST IN EMPLOYEE AREA
LITTER COLLECTION PLAN
AND BUSSING REQUIREMENTS
FOR TYPE 2 RESTAURANTS
WITH & WITHOUT SIDEWALK CAFÉS
z The operator of the restaurant will maintain the exterior of the
premises by removing ALL LITTER REGARDLESS OF ITS
ORIGIN, which includes the sidewalk café area.
z The operator of the restaurant must
police and keep free of litter the area
WITHIN NO LESS THAN 250 FEET of
the subject property.
z The Type 2 Restaurant special use permit may require policing
of a larger area. A 500 foot area is typical outside of the
downtown.
z The operator must police and REMOVE ALL LITTER
ORIGINATING FROM ANYWHERE at least three times daily.
z The operator of the restaurant must provide bus service for the
sidewalk café during all hours of operation.
z At the end of each business day, all tables and chairs used in conjunction with the sidewalk
café must be stored inside the establishment until the next business day unless permission
to store them on the public way has been granted.
FAILURE TO COMPLY WITH THESE REQUIREMENTS
MAY RESULT IN REVOCATION OF THE SIDEWALK CAFÉ
PERMIT AND/OR TYPE 2 RESTAURANT PERMIT
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INFORMATION SHEET - SIDEWALK CAFÉ PERMIT
ANNUAL FEE: $300.00 payable to the City of Annapolis with application
TERM OF PERMIT: May 1st through April 30th
SERVICE OF ALCOHOLIC BEVERAGES: Licensed establishments seeking service of
alcoholic beverages on the café are required to obtain approval from the Alcoholic Beverage Control
Board. The Board meets the first Wednesday of each month at 3:00 p.m. in the Council Chamber.
GENERAL INFORMATION
1.A sidewalk café must leave a minimum of a six-foot unobstructed passageway for pedestrians
along the length of the café. If the sidewalk is less than 10 feet wide from the building facade
to the back of the curb at the narrowest point, the City Clerk, with the consent of the
Department of Public Works, may reduce the unobstructed passageway to no less than 5 feet
in accordance with the requirements of the Americans with Disabilities Act. (City Code
Section 7.42.020A)
2.Applicant must submit a sketch showing the sidewalk area to be occupied. Show tables and
chairs (and any other furniture or appurtenances) as they will be placed. The sketch must
include the entire area from the face of the building to the curb and include light poles,
parking meters, etc. The area which will be used by servers as they approach and serve the
tables should be shaded or cross-hatched. The doorway into the establishment must also be
depicted.
Scale must be 1/4" = 1 foot on 8-1/2 x 11 sheet. The sketch may be hand-drawn, but must
show all dimensions: length and width of area, size of tables and chairs, lamp poles and
anything else occupying the area from curb to face of building, etc.
3.The holder of a sidewalk café permit shall fully insure, indemnify, defend and hold harmless
the city and in their capacity as such, the officers, agents and employees thereof from and
against any and all claims and damages in any way arising out of or through the acts or
omissions of the permit holder or its employees in the construction, operation, maintenance,
use, placement or condition of the sidewalk café. Proof of such insurance must be submitted
before a permit may be issued or renewed. (City Code Section 7.42.020C)
4.Sidewalk café permits are not transferrable.
5.Sidewalk café permit fees are not prorated.
Please contact this office if you have any questions or need assistance.
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