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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 yO A 4D 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