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cities hold public hearings and require a conditional use permit
<br /> approved by the planning commission and an encroachment
<br /> permit from the city council.
<br /> As is the case in historic districts in New York City, the
<br /> location of outdoor restaurants is often regulated with regard to
<br /> their appropriateness for the neighborhood. Location issues
<br /> extend beyond fire exits to include appearance. Many cities
<br /> require advance architectural drawings to ensure design
<br /> compatibility with neighboring structures. Many ordinances
<br /> also address aesthetic issues such as canopies, potted plants, and
<br /> the railings that define the cafe's borders.
<br /> Boulder, Colorado's regulations define cafe construction,
<br /> design, furniture, and signs. These regulations often are merely
<br /> extensions of existing building codes. Whiting, indiana,
<br /> specifies that the construction and furniture must "ensure the
<br /> integrity and preserve the character and compatibility of the
<br /> 119th Street Downtown Business District." Santa Rosa,
<br /> California, specifies the weight with which umbrellas must be
<br /> secured, requiring them to be anchored "with a minimum base
<br /> of not less than 60 pounds."
<br /> The Boulder code directs that "outdoor seating will be counted
<br /> in satisfying restroom requirements (quantity, access, location,
<br /> etc.)" and that "all access to outdoor area from food establishment
<br /> will be provided with self-closing doors, screening, etc."
<br /> Sig~s. Regulations can deal with both public and private
<br />signs. Whiting protects public signage by stating, "No table
<br />umbrella shall obstruct the clear vision of any street sign or
<br />traffic regulatory sign." But ir adds that "no table umbrella shall
<br />contain any type sign or signage except on the fringe or
<br />valance." Many codes also regulate the size, location, and
<br />placement of signs in or around the restaurant.
<br /> But sign regulations can also mandate certain messages that
<br />affect public safety. Santa Rosa requires that one or more signs
<br />be posted giving notice to the cafe's customers that "the
<br />drinking of beer or wine or the carrying of any open container
<br />which contains beer or wine is prohibited and unlawful outside
<br />the delineated area of the sidewalk cafe."
<br /> Food and alcohol. Regulations generally cover both what can
<br />be served and how it is to be prepared. While serving alcoholic
<br />beverages is often permitted, exceptions exist in communities
<br />like Whiting, where "the sale, service, or consumption of any
<br />alcoholic beverage or alcoholic beverages on or in an 'Outdoor
<br />Sidewalk Cafe' by any permittee, permittee's agent, permittee's
<br />employee, or consumer is prohibited." State codes also come
<br />into play regarding liquor, and it is a safe course to check those
<br />that apply. For example, some states limit the number of tables
<br />at which liquor can be served in an outdoor setting.
<br /> It is common practice in these ordinances to prohibit the
<br />presetting of tables with utensils, glasses, condiments, and other
<br />amenities. The general idea is to require that these items be
<br />placed on the table only after customers are seated, largely
<br />because of the potential problems with outdoor sanitation.
<br />Ordinances demand that the exteriors of surfaces in the outdoor
<br />cafes be cleanable and kept clean. "Trash and/or refuse storage is
<br />prohibited within Outdoor Sidewalk Cafes or on adjacent
<br />sidewalks," the Whiting ordinance declares.
<br /> Public health directors have the duty to enforce compliance
<br />with standard food sanitation regulations, and periodic inspections
<br />by the health department are required just as with indoor facilities.
<br />While many outdoor health codes mirror those regarding indoor
<br />restaurants, some communities specify extra requirements such as
<br />protecting utensils from airborne contaminants and providing for
<br />proper floor drainage.
<br />
<br /> Sound. Some outdoor cafe ordinances prohibit the use of
<br />outdoor speakers, but the issue of noise pollution extends
<br />beyond piped music. For example, Whiting prohibits
<br />outdoor sound systems. However, "one musician or vocalist
<br />and/or one musical instrument as provided by the permittee
<br />shall not be prohibited unless said musical presentation
<br />becomes a noise nuisance as documented in complaints to
<br />the City of Whiting." Boulder allows piped-in music on a
<br />case-by-case basis but disallows the use of sound systems
<br />installed primarily for advertising purposes.
<br /> Hours. In regulating hours of operation, some codes
<br />include references to the weather. The Santa Rosa code, for
<br />example, states that the operation of an outdoor cafe is
<br />permitted "whenever fair weather would enhance outdoor
<br /> g. p fy
<br />dinin "Oth, er codes merely s ecl the time of da),, with
<br />some allowing business during the morning hours (7 a.m. to
<br />noon), and others permitting service until as late as 4 a.m.
<br />Regulations regarding operating hours may also require that
<br />all tables, chairs, and other furniture be removed from the
<br />sidewalk when the cafe is not in operation.
<br />
<br />Sidewalk Sales
<br />Luring customers into stores is often accomplished by
<br />bringing the goods a little closer to the would-be shopper who
<br />is strolling down the sidewalk. Like zoning for outdoor cafes,
<br />zoning for sidewalk sales also involves several extensions of
<br />codes that apply to the business conducted indoors.
<br /> Sidewalk sales are characterized by their temporary status.
<br />Unlike plant and tree nurseries, where the greenhouse does
<br />not enclose the entire shop, sidewalk sales require special use
<br />permits for operating on property not otherwise used to
<br />conduct business. Some codes list examples of the types of
<br />items that may be sold through such an outdoor display.
<br />Escondido, California, lists antiques, artwork, automotive
<br />supplies, bicycles, books, china and glass wares, clothing,
<br />crafts, firewood, flowers and plants, food, hardware,
<br />gardening and landscaping equipment and supplies, jewelry,
<br />motorcycles and scooters, newspapers and magazines,
<br />sporting goods, and tires. Other communities merely
<br />generalize on the subject of what is to be sold, specifying
<br />only that the display and sale are to be temporary and must
<br />conform to the requirements of existing zoning codes.
<br /> Categories. This temporary nature is defined by the city of
<br />Portland, Oregon, as "activities characterized by their short-
<br />term or seasonal nature and by the fact that permanent
<br />improvements are not made to the site." The ordinance then
<br />separates the temporary activities into two categories: those
<br />that are allowed by the zone but do not meet the development
<br />standards, such as Christmas tree sales and a parking lot sale
<br />in a commercial zone; and those that, if permanent, would
<br />not be allowed by the base zone, such as church carnivals in
<br />residential zones and retail sales in industrial zones.
<br /> Plymouth, Minnesota, describes the types of sales for. which
<br />an administrative permit can be obtained: "'Retail Activities'
<br />shall include temporary, short-term warehouse sales, inventory
<br />reduction or liquidation sales, distressed merchandise sales, and
<br />product promotion events including displays, introductions,
<br />expositions, and swap meets related to the products and/or
<br />services of the established tenant or owner..."
<br /> Health and safety. As with ordinances regarding outdoor
<br />cafes, outdoor displays and sales of merchandise must
<br />comply with codes designed to protect public health and
<br />safety, as well as to prevent the obstruction of both pedes-
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