§ 8.40.063. Food service establishments—Sidewalk cafes.

A.

Any person licensed through the office of city clerk as a food service establishment may request a permit from the city authorizing encroachment upon a portion of the public right-of-way for the purpose of operating a sidewalk cafe as an extension of their regular food services provided under their annual food service establishment business license.

1.

The following definition shall apply in the interpretation and enforcement of this section: "Sidewalk cafe" means that portion of the public right-of-way that is kept, used, maintained and held out to the public solely as a place where food and drink are served for consumption to patrons, seated at appropriate dining tables, from the immediately adjoining existing business premises licensed as a food service establishment. A sidewalk cafe is considered an extension of the existing business and all services to support the cafe must be supplied from within the adjoining building. Preparation (cooking) of food within the sidewalk cafe area, commercial advertising, signs or banners, except for the name of the food service establishment on awnings, umbrellas or valances, within the area are prohibited. All refreshments may be dispensed into and served in glassware.

B.

Written application for a permit must be submitted to the office of city clerk by the adjoining food service establishment licensee, on forms provided by the city clerk, together with payment of an annual permit fee of ninety dollars ($90.00). Initial permits issued will be effective for the term of the adjoining food service establishment business license. Applications submitted must include the following documentation:

1.

Applicant name, business name, telephone number and address of the food service establishment licensee requesting the permit;

2.

Proposed days and hours of operation for the sidewalk cafe, number of patrons to be accommodated, and explanation of how the premises will be supervised and maintained by the applicant;

3.

Suitable scale drawing or site plan depicting the proposed sidewalk cafe area indicating the following: Not less than four feet of unobstructed passageway for the remaining available sidewalk for the public's use; description of the type of temporary (moveable) tables, chairs, umbrellas, etc. to be utilized and where they will be located; applicable entry ways and staff service areas, and the portable (moveable) barrier that will be utilized to delineate the permitted use area from the remaining sidewalk area available to the public; location of sidewalk cafe area relative to street and alley intersections, fire hydrants, utility poles, etc. Clear space for ingress/egress to all exits will be maintained at all times. Plan will include a complete description and dimensions for proposed barrier for review and approval by the chief building official. The chief building official will assign an occupancy limit for cafe space. Failure to maintain occupancy limits may result in revocation of cafe permit.

4.

If the premises of the adjoining licensed food service establishment are not owned by the applicant, a letter from the property owner indicating their approval of the applicant's request for encroachment of the public right-of-way for purposes of operating a sidewalk cafe permit in conjunction with the existing business. Leased property application will include a current copy of applicant's lease.

5.

Proof of general liability insurance in an amount determined by the city risk manager, naming the city of Cheyenne as a certificate holder and an additional insured with respect to the operation of a sidewalk cafe at the proposed location. The applicant must further agree to hold harmless the city of Cheyenne, its officers, agents and employees, for any loss or damage arising out of the use or discontinuance of any use of the approved cafe area.

C.

If the adjoining food service establishment licensee is holder of an applicable annual liquor license issued by the city of Cheyenne; the food service establishment meets the definition of restaurant as defined by Wyo. Stat. Section 12-1-101, and approval is received from the chief of police, including waiver of the city's open container restriction, city risk manager and city clerk, the serving for consumption only (not dispensing) of alcoholic liquors and malt beverages may be provided by wait staff to patrons in the cafe area. Direct dispensing (set-up, or pass-through) windows or facility is prohibited.

1.

In addition to proof of general liability insurance, proof of liquor liability coverage, in an amount determined by the city risk manager, must be submitted prior to issuance of the permit. The city must be named as a certificate holder and an additional insured with respect to the service of alcoholic liquors and/or malt beverages within the cafe boundaries.

D.

Inspection of premises to be permitted and approval of the application by the health officer and other city representatives designated by the city clerk is required prior to issuance of a permit.

E.

The following restrictions are placed upon permittees:

1.

Use of the space is temporary in nature and the permittee does not acquire any right, title or interest in such space. The installation or placement of any permanent fixtures or property by the permittee within the cafe area is not allowed. The city may withdraw authorization for use of the public right-of-way at any time and declare the permit void upon thirty (30) days advance written notice to the permittee.

2.

The permittee may be required to immediately vacate all or any part of the sidewalk cafe area at the request of the city but specifically for those times that may involve construction or repairs in the vicinity, or for circumstances that might create a hazard for the permittee, their patrons, or the public or their patrons. Such circumstances might involve unusually heavy pedestrian or vehicular traffic in the immediate vicinity, possible inclement weather or other emergency situations, fires and public safety response situations, parades, demonstrations or other events occurring at or near the cafe area.

3.

The permittee agrees to maintain the premises in a clean and safe condition, removing all trash and litter in a timely manner, and further agrees to conduct sidewalk cafe activities in an orderly fashion and in such a manner as to protect the public health and safety.

4.

If permit authorization for use of the public right-of-way is withdrawn by the city or a renewal permit application is not approved, the permittee will remove any personal property from the permitted area within the time frame requested by the city or the city may, at its discretion, remove said property and seek reimbursement from the permittee for the cost of moving the property. Permittees shall have no recourse against either the city or its officers, agents or employees for any loss or damage occasioned by his or her being required to vacate all or any part of the public right-of-way area.

F.

Other sections of this chapter relative to a food service establishment business license are also applicable for a sidewalk cafe permit. In addition to specific requirements contained within this section concerning the sales and service of alcoholic liquors and malt beverages to a sidewalk cafe permitted area, the provisions and regulations of Chapter 5.12 of city code apply.

(Ord. No. 4211, § 1, 11-27-17; Ord. No. 3845, § 1, 6-8-09; Ord. 3715 § 1 (part), 2006; Ord. 3529 § 1, 2003)