City of Madison - File #: 03243

• File #: 03243
• Version: 2
• Name: Sidewalk cafe
• Type: Ordinance
• Status: Passed
• File created: 3/22/2006
• In control: COMMON COUNCIL
• On agenda: 4/4/2006
• Final action: 4/4/2006
• Enactment date: 4/22/2006
• Enactment #: ORD-06-00047
• Title: AMENDED - Repealing Section 9.13(6)(j)2.b., and amending Section 9.13(6)(j)3. of the Madison General Ordinances to temporarily repeal the requirement that restaurant wait staff must carry and serve all food, beverage and alcohol beverages to patrons within a sidewalk cafe, and to allow patrons of all types of sidewalk cafes to carry out their own food, beverage and alcohol beverages from the restaurant to the sidewalk caf?, and to make the temporary repeal effective from April 15, 2006 to December 31, 2006.
• Sponsors: Austin W. King, Jed Sanborn, Noel T. Radomski, Larry Palm

Date	Ver.	Action By	Action	Result
4/10/2006	2	Attorney's Office/Approval Group	Approved As To Form
4/4/2006	2	COMMON COUNCIL	Adopt	Pass
4/4/2006	2	COMMON COUNCIL	Refer to a future Meeting to Adopt	Fail
3/24/2006	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office (AFTER CC INTRO)
3/22/2006	1	Attorney's Office/Approval Group	Approved As To Form
3/22/2006	1	Clerk's Office	Fiscal Note Required / Approval
3/21/2006	1	COMMON COUNCIL	Refer to a future Meeting to Adopt	Pass

Fiscal Note
No expenditure required.
Title
AMENDED - Repealing Section 9.13(6)(j)2.b., and amending Section 9.13(6)(j)3. of the Madison General Ordinances to temporarily repeal the requirement that restaurant wait staff must carry and serve all food, beverage and alcohol beverages to patrons within a sidewalk cafe, and to allow patrons of all types of sidewalk cafes to carry out their own food, beverage and alcohol beverages from the restaurant to the sidewalk caf?, and to make the temporary repeal effective from April 15, 2006 to December 31, 2006.
Body
DRAFTER'S ANALYSIS:

Item 1 of this ordinance would repeal the general requirement that only wait staff can serve food and nonalcoholic beverages at sidewalk cafes, therefore allowing customers to carry out food and non-alcoholic beverages to a sidewalk caf?.

Item 2 of this ordinance would create a temporary repeal of the requirement that only waitstaff can serve alcohol beverages to customers in a sidewalk caf?, thus allowing customers to carry out their own alcoholic beverage to the sidewalk caf?. This ordinance would render sec. 9.13(6)(j)3.a. ineffective for a trial period from April 15, 2006 (the start of the vending season) through the end of the year. This amendment also clarifies that customers must be seated in the sidewalk caf? in order to consume alcoholic beverages - regardless of whether the wait staff or the customer carried the beverage to the caf?.

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The Common Council of the City of Madison do hereby ordain as follows:

1. Subparagraph b. of Paragraph 2. entitled "Miscellaneous Restrictions on Sidewalk Cafes" of Subdivision (j) entitled "Miscellaneous Restrictions on Merchant Vendors and Sidewalk Cafes" of Subsection (6) entitled "Regulations and Procedures for Vending on the State Street Mall/Capitol Concourse" of Section 9.13 entitled "License for Selling on Public Streets" of the Madison Ge...