(PUBLISHED IN THE MCALESTER NE...

(Published in the McAlester News-Capital on October 5th, 2016.) ORDINANCE NO. 2577 CONSIDER AND ACT UPON AN ORDINANCE OF THE CITY OF MCALESTER ESTABLISHING THE REGULATION OF OUTDOOR DINING AND SIDEWALK CAFÉS WITHIN THE CITY OF MCALESTER, OKLAHOMA; AMENDING MCALESTER CITY CODE CHAPTER 6, TITLED ALCOHOLIC BEVERAGES AND NONINTOXICATING BEVERAGES, ARTICLE I, SECTION 6-8, DEFINITIONS; SECTION 6-9, SIDEWALK CAFÉ PERMIT; SECTION 6-10, REGULATIONS AND RESTRICTIONS; SECTION 6-11, SIDEWALK CAFÉ FEES; AND, SECTION 6-12, VIOLATIONS AND REVOCATION. WHEREAS, the purpose is to promote safety, health, and general welfare by creating certain conditions and restrictions for the permitting and operating of Sidewalk Cafés. WHEREAS, to the extent that all City of McAlester ordinances pertaining to the possession, consumption, or sale of non-intoxicating and/or intoxicating alcohols conflict with Chapter 6, Article I, Sections 6-8 to 6-12 shall govern and be controlling. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCALESTER, OKLAHOMA, that: CHAPTER 6: Article I, Sections 6-8 to 6-12, McAlester Code of Ordinances titled “Sidewalk Cafés” is hereby established to read as follows: Sec. 6-8. Definitions. Unless specified, the term: (1) Restaurant shall mean any licensed establishment whose primary business is the selling of food, refreshments, and beverages for consumption. (2) Sidewalk Café shall mean a group of suitable furnishings, equipment, and decorations that are maintained on designated public property and operated as a revocable accessory use of a licensed Restaurant. (3) Pedestrian Zone shall mean a physically and visually unobstructed corridor on the public right of way used in conjunction with an accessory use of a Restaurant. Sec. 6-9. Sidewalk Café Permit. (1) A Sidewalk Café Permit shall only be issued to the owner of a Restaurant that meets the requirements of Article I, Sec. 6-8. The holder of a Sidewalk Café Permit is authorized to sale and serve food, refreshments, and beverages in the designated area for which a permit is issued. (2) An applicant seeking a Sidewalk Café Permit shall submit a completed Sidewalk Café Application form to the City of McAlester’s Revenue Officer. The application shall contain the following information: a. The name, address and telephone number of the applicant; b. A site plan showing the proposed designated area for the Sidewalk Café. All site plans shall include layout of the dining area, all egress/ingress, and the width of the sidewalk from the curb to the outer most edge of the Sidewalk Café; c. A copy of the applicant’s licenses and permits with the City, County, and/or State for the operations of its restaurant business, including any licenses for non-intoxicating and intoxicating beverages, if required; d. A certificate of adequate liability insurance coverage, with limits of liability as required by the City of McAlester; e. A signed statement by the applicant, certifying that the Restaurant agrees to abide by all applicable laws and ordinances of the City of McAlester and to indemnify and hold the City harmless from any and all liability arising out of the use or condition of the premises or operation of the Sidewalk Café; and f. Other information as the City Manager or his designee deems necessary or appropriate. (3) The applicant must have and abide by all necessary and applicable State and County licenses. (4) A Sidewalk Café Permit shall be issued by the City of McAlester and shall be valid for one (1) calendar year, beginning with the date of permit issuance. If a Sidewalk Café Permit is renewed prior to its expiration date, a one (1) calendar year extension shall be added to the existing expiration date. (5) Only those persons holding a current valid license for non-intoxicating and/or intoxicating on-premises consumption issued by the State of Oklahoma, pursuant to this chapter and other applicable state or county licenses, shall be eligible for a Sidewalk Café Permit. (6) Permits shall not be transferable to other persons, Restaurants, or designated areas. (7) The City Council shall be able to approve a Sidewalk Café upon request during a regularly scheduled City Council meeting. Sec. 6-10. Regulations and Restrictions. (1) The Sidewalk Café Permit pursuant to Sec. 6-9 shall be kept on the premises of the Restaurant during all hours of operation and shall be made available for inspection upon request. The Sidewalk Permit shall not permit a Restaurant from following all applicable City, County, and State laws or regulations. (2) Sidewalk Cafés shall remain confined to commercially zoned properties with adjoining public sidewalks of accommodating width. (3) A Restaurant shall only operate a Sidewalk Café between the hours of 7:00am and 10:00pm from Sunday to Thursday and between the hours of 7:00am and 12:00am on Friday and Saturday. (4) The designated area of a Sidewalk Café shall be adjacent to the Restaurant for which it is a revocable accessory use. The designated area may encompass the width of the Restaurant’s front wall and may extend from the front wall toward the curb. (5) A Pedestrian Zone of at least four (4) feet in width shall remain between the curb and the Restaurant’s front wall to allow the open vision and passage of those traveling along the right of way. (6) The Sidewalk Café shall be surrounded by a physical barrier, excluding all ingress and egress points. Enclosures shall be no less than thirty-six (36) inches in height, shall be anchored in a manner to prevent movement, and shall be maintained in a state of good repair. No modifications shall be made to the enclosure without review and approval by the appropriate City officials. (7) Consumption of alcohol in the Sidewalk Café shall be permitted, provided that such public consumption shall not violate any other state statute or regulation. All alcoholic beverages that are served within the Sidewalk Café shall remain within the designed area. (8) The Sidewalk Café shall not include an open bar. All alcoholic beverages shall remain within the Restaurant, except to serve patrons of the Sidewalk Café. (9) The Sidewalk Café must be accessible and detectable as required by American with Disabilities Act (ADA) guidelines. (10) The Restaurant shall ensure the Sidewalk Café and adjoining public right of way remain free of all refuse generated from the operation of the business. (11) The Restaurant shall temporarily cease all Sidewalk Café operations that interfere with the construction, maintenance, or repair of public facilities or right of way. (12) Other reasonable standards may be required by City officials based on specific situations. Sec. 6-11. Sidewalk Café Fees. (1) For each designated area permitted for use as a Sidewalk Café, a fee in the amount of one hundred dollars ($100.00) will be required. A permit shall only be issued for the designated area shown in the original application. Sec. 6-12. Violations and Revocation. (1) Any person who violates any provision of this ordinance or who applies for a permit with the intent to transfer or attempt to transfer the permit, shall be guilty of an offense and upon conviction thereof, shall be fined two hundred dollars ($200.00). Each day of violation shall constitute a separate offense. (2) The City of McAlester shall reserve the right to immediately revoke, with cause, any permitted Sidewalk Café that does not comply with the regulations of this ordinance. Those Sidewalk Cafés which create public nuisances or hazards to the general welfare shall have their permit temporarily or permanently revoked. Passed this 27th day of September, 2016. CITY OF McALESTER, OKLAHOMA By John Browne, Mayor