§ 46-395. Principal uses permitted.

The following principal uses are permitted in the B-2 auxiliary business districts:

(1)

All principal uses allowed in the B-1, except where further stipulations for said uses are listed in this section.

(2)

Retail establishments where the principal activity is the sale of merchandise in an enclosed building.

(3)

Private assembly establishments, which provide entertainment or social activities, however, not to be located on a floor with grade level access.

(4)

Commercial assembly establishments, which provide entertainment or social activities.

(5)

Incidental accessory uses customarily related to the principal use.

(6)

Sidewalk cafés with and without alcohol service are subject to the following regulations:

a.

Sidewalk cafés shall not unduly obstruct pedestrian movement nor diminish the safety of the general public. Tables, chairs and other facilities shall be compatible with the architectural character of adjacent buildings and shall be located near the building wall. A clear path of not less than 60 inches shall be maintained along the full length of the sidewalk for general pedestrian use. A site plan shall be submitted with a sidewalk café permit application that identifies the proposed location of all sidewalk café furniture and equipment, including any lighting, relative to the public right-of-way.

b.

The immediate area of the café shall be maintained free of litter and debris.

c.

Tables, chairs, portable signs and other equipment used in the operation of the café shall be removed daily at the close of business.

d.

Sidewalk cafés may only be located adjacent to the restaurant or food service business with which they are associated. This requirement may be waived, however, to extend the sidewalk café to an adjacent property if deemed appropriate after city review and agreeable to the adjacent property owner.

e.

Hours of operation of the sidewalk café shall not be later than 11:00 p.m.

f.

Days of operation of the sidewalk café shall not occur before April 1 or after November 30. A sidewalk café permit shall expire after 360 days.

g.

The sidewalk café permit issued in accordance with this article shall be prominently displayed.

h.

A certificate of general liability insurance that names the city and its officers and agents as additional insureds, and provides for a least 15 days notice of cancellation must be submitted prior to issuance of the permit. The minimum amount of coverage required is $1,000,000.00 per occurrence and $2,000,000.00 in aggregate.

i.

The city shall have the right to suspend the operation of a sidewalk café because of anticipated or actual problems or conflicts in the use of the public sidewalk. Such problems may arise from, but are not limited to, festivals and similar events, parades, or repairs to the street, sidewalk or utilities within the public right-of-way. To the extent possible, the café owner will be given prior written notice of any time period during which the operation of the sidewalk café may be suspended.

j.

All permits issued under this section are subject to immediate suspension or revocation by the city manager or his or her designee for failure to comply with any or all provisions of this section. Revocation shall be reserved for third offense repeat violations and violations that present an egregious safety risk to the public.

k.

Persons who have had their permit revoked may request in writing a hearing on that revocation before the city council. Requests for a hearing or an appeal must be made within five business days of the revocation.

(7)

Sidewalk cafés with alcohol are subject to the following additional regulations:

a.

The operator of the sidewalk café shall take whatever steps are necessary to procure the appropriate license from the Michigan Liquor Control Commission if he or she intends to serve alcoholic beverages in the sidewalk café area and shall comply with all other laws and regulations concerning the serving of alcoholic beverages in the State of Michigan.

b.

The sidewalk café area shall be separated from pedestrian traffic by an approved barrier, which can consist of planters, railings and other similar materials. The barrier shall be removed daily at the close of business. All barriers used for sidewalk cafés serving alcoholic beverages shall also conform to Michigan Liquor Control Commission Regulations.

c.

A sign reading "No Food or Beverage Allowed Beyond Railing" shall be posted at a conspicuous location within the sidewalk café.

d.

All alcoholic beverages to be served at sidewalk cafés shall be prepared within the adjacent indoor restaurant or food service business, and alcoholic beverages shall only be served to patrons seated at tables. The drinking of alcoholic beverages by a member of the public while a patron at a sidewalk café within the confines of the sidewalk café area shall not be construed as a violation of any ordinance controlling open containers in a public area.

e.

Notice to the adjacent property owners or occupants on both sides of the applicant's property shall be required before issuing a permit. Proof of this notice shall be provided to the city by the applicant seven days prior to the issuance of a permit.

f.

Sidewalk cafés serving alcohol shall be continuously supervised by employees of the establishment.

g.

To be eligible to apply for a sidewalk café, the adjoining restaurant or food service business from which the sidewalk café extends must provide a full-service menu for the on-site consumption of food.

(Prior Code, § 5.112; Ord. No. 87-17, 10-5-1987; Ord. No. 2005-13, 8-15-2005; Ord. No. 2009-01, 3-2-2009)