HomeMy WebLinkAbout2014-12-08 15-035 ORDERCOUNCIL ACTION
Item No. 15-035
Date: December 3, 2014 DECEMBER 8, 2014
Item/Subject: ORDER, Revising the City's Requirements for Outdoor Seating on Public
Property
Responsible Department: Legal
Commentary: This order will revise the City's requirements for sidewalk license agreements.
For many years, the City has allowed downtown restaurants to serve patrons at outdoor tables
on City sidewalks and other City property through individual license agreements. These
arrangements have contributed to the growth and vitality of the downtown area.
The policy under which these outdoor tables are allowed was passed by Council Order in 1991,
and has not been modified since. In recent years, many more restaurants have been seeking
license agreements, leading to a number of new questions and issues for the City to consider.
Staff is proposing a number of changes to the way in which the City handles these outdoor
seating areas. Some of the proposed changes for consideration by the Council include:
• Beginning in 2016, the City will charge the following fees: $200 for seating during the
summer months where alcohol is to be served; $25 for summer seating at
establishments where no alcohol is served; $300 for year round seating where alcohol is
served and $50 for year round seating where no alcohol is served;
• Forming a design review committee, made up of City staff and members of the
Downtown Bangor Partnership, to approve the fencing, furniture, and visual components
of a business' outdoor seating plan to ensure safety and aesthetic cohesion; and
• Allowing West Market Square businesses to occupy outdoor seating areas that extend
from the side of their building, no more than 19 feet into the Square.
• Approving outdoor seating permits through the Code Enforcement Office, rather than
requiring individual license agreements.
This matter was reviewed and recommended for approval by a.vote of 3-2 at the B&ED
Committee on December 2, 2014.
Manager's Comments:
Associated Information: Order
Budget Approval:
Legal Approval:
Introduced for
x Passage
First Reading
Referral
Department Head
e. a-1, (ZSL,)
City Manager
Finance Director
City Sol
15-035
DECEMBER 8, 2014
Assigned to Councilor Plourde
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CITY OF BANGOR
�A4TED, if �`
ORDER, Authorizing the City Manager to Execute Permits for the Purpose of Outdoor Seating
on Sidewalks and Public Property
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 the City Council of the City of Bangor authorized the
agreements to include the serving and consumption of alcohol up to midnight when
determined to be appropriate; and
WHEREAS, it is in the best interest of the City of Bangor to provide more specific guidelines for
the use of City sidewalks and public property for outdoor seating.
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT
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:
• For permits lasting from April through October, a fee of $200 if alcohol is served, or a
fee of $25 if alcohol is not served.
• For permits lasting year-round, a fee of $300 if alcohol is served, or a fee of $50 if
alcohol is not served.
• The serving and consumption of alcohol up to midnight when determined to be
appropriate.
• A Fee holiday for 2015 for businesses.
• Fencing and aesthetic concerns 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;
• 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 this usage at its own discretion.
Such agreements shall be in final form as approved by the City Solicitor or Assistant City
Solicitor.
1.5-035
DECEMBER 8, 2014
BE IT FURTHER ORDERED THAT
Council Orders 91-187 and 12-172 are hereby rescinded.
IN CITY COUNCIL
DECEMBER 8, 2014
MOTION MADE AND SECONDED FOR PASSAGE
PASSED
CITY CLE