City of Madison - File #: 06121

• File #: 06121
• Version: 1
• Name: non-Mall/Concourse sidewalk cafe licenses
• Type: Ordinance
• Status: Passed
• File created: 4/10/2007
• In control: VENDING OVERSIGHT COMMITTEE (prior to 11-01-2007)
• On agenda: 8/7/2007
• Final action: 8/7/2007
• Enactment date: 8/23/2007
• Enactment #: ORD-07-00101
• Title: Amending Section 9.13(5) of the Madison General Ordinances to modify regulations for non-Mall/Concourse sidewalk cafe licenses.
• Sponsors: Michael E. Verveer

Date	Ver.	Action By	Action	Result
8/7/2007	1	COMMON COUNCIL	Adopt	Pass
5/30/2007	1	VENDING OVERSIGHT COMMITTEE (prior to 11-01-2007)	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
4/17/2007	1	COMMON COUNCIL	Refer
4/10/2007	1	Attorney's Office/Approval Group	Approved As To Form
4/10/2007	1	Attorney's Office	Fiscal Note Required / Approval
4/10/2007	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
4/10/2007	1	Attorney's Office	Referred for Introduction
	1

Fiscal Note
There may be a modest increase in General Fund revenues derived from licensing fees.
Title
Amending Section 9.13(5) of the Madison General Ordinances to modify regulations for non-Mall/Concourse sidewalk cafe licenses.
Body
DRAFTER'S ANALYSIS: This ordinance expands and clarifies the rules for sidewalk cafes at restaurants and bars located outside the boundaries of the State Street Mall/Capitol Concourse vending area. Currently, all sidewalk cafes must follow the placement rules for cafes on the mall/concourse - which means they must be placed curbside, with at least 6 feet between the building and the cafe. This amendment would allow sidewalk cafes outside of the mall/concourse to be placed against the building, and allows a varying width for cafes, depending on the sidewalk width. This ordinance establishes threshold eligibility requirements, for example, if the sidewalk is too steep or there are too many obstructions, a cafe is not permitted. But the ordinance also allows for flexible "case-by-case" approval of sidewalk cafe configurations, based on the layout of the particular sidewalk. The ordinance also clarifies that the application, licensing, and appeal procedure for "city-wide" sidewalk cafes will be the same as for sidewalk cafes on the mall/concourse.
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The Common Council of the City of Madison do hereby ordain as follows:

Subsection (5) entitled "Regulations and Procedures for a (Non-Mall/Concourse) Sidewalk Cafe License" of Section 9.13 entitled "License for Selling on Public Streets" of the Madison General Ordinances is amended to read as follows:

"(5) Regulations and Procedures for a Citywide (Non-Mall/Concourse) Sidewalk Cafe Licenses. Application Establishments holding a food and drink permit, and located anywhere in the City but the State Street Mall/Capitol Concourse (as defined in 9.13(6)(c),) may be eligible for a Cityw...