HomeMy WebLinkAbout2019-03-25 19-128 ORDER
03/25/201919-128
03/25/2019
19-128
Community & Economic Development
N/A
Establishing the City's Requirements for Outdoor Seating on Public Property and Rescinding Council Order
15-035.
This Order will establish new terms for outdoor seating on public property and will rescind Council
Order 15-035. If approved, this order will put into place new requirements including a permit fee of
$250 for establishments that serve alcohol with 12 seats or less, $500 for establishments that serve
alcohol with 13 or more seats, $50 for those who do not serve alcohol with 12 seats or less and $100
for those who do not serve alcohol with 13 or more seats. There is a penalty for breach of contract
in lieu of termination. Specifically, the permit will include escalating penalty language including a
verbal warning after the first breach of contract, a penalty fee of $100 after the second breach, and
termination of contract after third breach.
Finally, the outdoor seating permits will no longer be seasonal. Establishments will be permitted to
keep fencing in place year-round as long as the area is well kept. However, they will not be
permitted to store seating and equipment in the fenced area. Establishments will therefore be able
to use seating areas for events such as the Festival of Lights Parade and New Years Eve.
Business & Economic Development Committee
03/19/2019
Recommend for passage
New Business
03/25/201919-128
03/25/2019
19-128
Sprague
Establishing the City's Requirements for Outdoor Seating on Public Property and Rescinding Council Order
15-035.
WHEREAS, by Council Order 91-87 the City Council of the City of Bangor authorized the City Manager to
execute permits with individuals in the downtown for the use of sidewalks for seating areas; and
WHEREAS, by Council Order 12-172 and 15-035 the City Council of the City of Bangor changed the
requirements of outdoor seating permits; and
WHEREAS, it is in the best interest of the City of Bangor to make changes to the requirements for the use of
City sidewalks and public property for outdoor seating.
The City Manager or her designee is hereby authorized to execute permits for dining establishments to use City
sidewalks and City property for outdoor tables and seating areas. Such permits shall provide for the following:
- Permits lasting year-round beginning April 15 with fees of $250 for establishments that serve alcohol
with 12 seats or less, $500 for establishments that serve alcohol with 13 or more seats, $50 for those who
do not serve alcohol with 12 seats or less and $100 for those who do not serve alcohol with 13 or more
seats.
- The serving and consumption of alcohol will be allowed up to midnight when determined to be
appropriate.
- Fencing and aesthetic requirements as established by a City design review committee;
- For businesses in West Market Square, a permit area extending no further than 19 feet into the Square;
- Permit holders shall maintain oversight of the permit area, hours of operation, term, and service
of alcohol;
- Sufficient insurance and agreement to Indemnify and hold harmless the City from claims arising out of the
operations of these areas;
- Establishments to comply with all state and local licensing requirements;
- Ensure full use of sidewalks by pedestrians and maintain all necessary ADA requirements;
- Approval by Code, Police, Fire, and the City Manager or Assistant City Manager; and
- The right for the City to terminate the permit upon 24 hours notice.
Such agreements shall be in final form as approved by the City Solicitor or Assistant City Solicitor.
BE IT FURTHER ORDERED THAT
Council Order 15-035 is hereby rescinded.
IN CITY COUNCIL
MARCH 25, 2019
CO 19-128
MOTION MADE AND SECONDED FOR PASSAGE
PASSED
CITCLE