Sidewalk Cafe Application and New Process Docs

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INTEROFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Board of Public Works FROM: Anne Fuchs, Clerk SUBJECT: Updated Sidewalk Cafe Application and Agreement DATE: April 6, 2021 Following the passage of Bill 81-21 updating the City’s Sidewalk Café Ordinance on March 22, 2021, the City’s Department of Engineering, Department of Community Investment, and Legal Department have collaborated to update the Application and Agreement for Sidewalk Cafes in the City of South Bend. The purpose of the updates is to help foster a vibrant, safe outdoor dining environment in the City. A summary of the changes is as follows: 1. Two (2) Year Permits: Permits will now last for two years from the date of issuance (only one $10 fee per two years, rather than $10 per year). 2. Year-Round Cafes: Cafes may operate year-round (used to be April to October) 3. City Obstacle Evaluation: The ADA requires a minimum of four (4) feet of open sidewalk clearance for ADA and pedestrian access. The City has held and will continue to hold a standard of five (5) feet clearance. However, in special circumstances defined in the updated ordinance, such as instances in which streetlights and trash cans obstruct the five (5) foot clearance, the City’s ADA coordinator will review the application and may allow an exception of four (4) feet of clearance in some limited areas, instead of five (5). 4. Café Interior: The City also clarifies in this agreement that it inspects and enforces sidewalk café perimeters, but that permitees are responsible for compliance with federal, state, and local laws regarding interior accommodations and operations of the café. Please be advised that although the new permit lasts for two years, businesses are still required to provide their updated Certificate of Insurance annually. The updated application and agreement have been added to the City’s website. 2021 Applicants who have already submitted the previous agreement version are encouraged to sign and return a copy of the new agreement to take advantage of the updates.