HomeMy WebLinkAboutSidewalk Cafe Application and New Process Docs 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.
SIDEWALK CAFÉ PERMIT INSTRUCTIONS
City of South Bend – Board of Public Works
227 W Jefferson Boulevard, Ste 1316
South Bend, IN 46601
Dear Business Owner:
Thank you for your interest in having a sidewalk café outside your business.
Enclosed are the Sidewalk Café Application AND Agreement needed to secure
your permit to occupy a portion of the City’s public right-of-way.
PROCESS
Once your application is received, it will be reviewed by City personnel and
presented at a City of South Bend Board of Public Works meeting for approval.
Once approved, a signed copy of your permit and agreement will be emailed or
mailed to you. Note: A permit for a sidewalk café is valid for two years from the
date that it was approved. Sidewalk cafes can operate any time of the year.
APPLICATION CHECKLIST
Below is a checklist of items that need to be included with your submittal:
Completed and signed Sidewalk Café Permit Application
Completed and signed Agreement for Temporary Use of the Public Sidewalk.
Site plan depicting the proposed sidewalk café showing placement and
dimensions.
Certificate of Insurance ($1,000,000/occurrence and $300,000/person naming
the City of South Bend as additional insured)
$10 application fee. Make checks payable to City of South Bend. Cash and credit
card payments can also be when dropping off the application.
Completed applications with payment should be mailed or dropped off to:
City of South Bend - Board of Public Works
227 W Jefferson Boulevard, Ste 1316
South Bend, IN 46601
QUESTIONS
The City of South Bend looks forward to working with you! If you have any questions,
contact Anne Fuchs at afuchs@southbendin.gov or 574.235.9251.
SIDEWALK CAFÉ APPLICATION
City of South Bend – Board of Public Works
227 W Jefferson Boulevard, Ste 1316
South Bend, IN 46601
RESTAURANT/BUSINESS INFORMATION:
Name of Restaurant/Business:
Address of Proposed Sidewalk Café:
Mailing Address:
APPLICANT INFORMATION:
Applicant Legal Name: Phone:
Title: Owner Manager Other
Email Address:
INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION:
Completed application including $10 fee. Make checks payable to City of South Bend.
Site plan depicting the proposed sidewalk café showing placement/dimensions.
Completed Agreement
Certificate of Insurance ($1,000,000/occurrence and $300,000 person naming the City
of South Bend as additional insured)
AFFIRMATION
I, the undersigned, agree that I will abide by all of the provisions of Section 18 -15 of the
South Bend Municipal Code and with all the provisions stated above as conditions of t he
issuance of this Permit. I further agree to indemnify, defend and hold harmless the City of
South Bend from any liability, loss, cost, damage or expenses, including attorney fees, which
the City may suffer or incur as the result of any use of the public sidewalks for a sidewalk
café as permitted herein. I do hereby certify and affirm that all the information given in this
application is true to the best of my knowledge.
Signature of Applicant: Date:
OFFICE USE ONLY:
Date Received: Fee Paid: Approval Date:
AGREEMENT FOR TEMPORARY USE OF THE PUBLIC
SIDEWALK FOR A SIDEWALK CAFÉ
This Agreement is entered into this ________ day of _______, 20______, by and between the
City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, “City”)
and ___________________________________________________________________________________________
(hereinafter, “Permittee”).
WHEREAS, Permittee has made application to the City for a permit to use a
portion of the public sidewalk for a sidewalk café in front of Permittee’s
business at:
Business Name:
Address:
City, State, Zip:
Email Address:
Contact Phone:
WHEREAS, the site for the proposed sidewalk café has been reviewed by the City’s
Board of Public Works, and it has been determined that allowing Permittee to utilize a
portion of the public sidewalk at that location will not interfere with pedestrian traffic
along the sidewalk; and
WHEREAS, the City has reviewed the Petitioner’s application, along with the
drawing, descriptions, and or information sufficient to enable the City to determine that
the exterior perimeter of the proposed sidewalk café will be in compliance with the
guidelines for that area, and the City has approved the perimeter design of the proposed
sidewalk café; and
WHEREAS, the City has determined that operation of a sidewalk café at the
location proposed in the site plan provided will not be detrimental to the health, safety,
or general welfare of the public.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed by the parties hereto as follows:
1) Pursuant to 18-15 of the South Bend Municipal Code the City hereby grants Permittee a
permit to use a portion of the public sidewalk at the following location (attach a
drawing):
Address:
2)The permit granted herein is for the sole purpose of permitting the temporary use of a
portion of the public sidewalk for the operation of a sidewalk café in front of the above
referred to address during the hours of:
Days/Hours of Sidewalk Café Operation:
3)The term of the permit shall be for two years from the date of issuance.
4)Permittee shall pay Ten Dollars ($10.00) to the City for the permit granted herein as
required by 18-15 of the Municipal Code.
5)The permit granted herein shall be for the use of only the area described above, which
area is located in front of Permittee’s business establishment. Nothing contained herein
shall permit Permittee to operate a sidewalk café in front of any other business other than
Permittee’s.
6)The placement of the sidewalk café shall allow five (5) feet of open sidewalk for ADA
and pedestrian access, except in special circumstances as defined in Section
18-15 of the South Bend Municipal Code.
7)Permittee shall limit the operation of the sidewalk café to the area described above, and
shall place a portable chain, rope, lattice, or similar barrier along the perimeter of the
described area in order to separate it from the remaining sidewalk area.
8)Permittee is responsible for compliance with all federal, state, and local laws and
regulations affecting the operation of their sidewalk cafe. These include but are not
limited to regulation of alcoholic beverages and the Americans with Disabilities Act
(ADA), and specifically ADA requirements for accessibility and accommodation into and
within the sidewalk cafe service area.
9)Permittee agrees to maintain the area encompassed in this Agreement and adjoining
public sidewalk area in a clean and sanitary condition, free from litter and debris
generated by the use of the sidewalk for restaurant purposes.
10) If required by the City, Permittee shall provide and maintain a closed trash container
as part of its sidewalk café operation. Such closed container shall be of a type and shall be
placed as determined by the City.
11) Permittee shall not affix any items to the public sidewalk or use the area permitted
herein in such a way that the public sidewalk is damaged.
12) Permittee shall indemnify, defend and save harmless the City from any and all
damage, injuries, losses, claims, demands or costs of any kind resulting from or arising out
of the use of public sidewalk by Permittee for a sidewalk café.
13) Permittee shall provide and maintain during the term of this permit policy of
public liability insurance, with coverage not less than $300,000 per person and
$1,000,000 per occurrence, naming the City as an additional insured as to the sidewalk
café operations. Permittee shall provide a Certificate of Insurance to the City showing
liability coverage as required above and providing for not less than 30 days’ notice to the
City’s Board of Public works prior to cancellation.
14)Should Permittee fail to comply with any of the terms or conditions of this Agreement,
the City, by its Board of Public Works, may revoke the permit to utilize the public
sidewalks as granted herein.
15)The rights granted herein may not be assigned by Permittee.
16)Notification of approval/denial of this request will be issued by return of this form, upon
signed authorization by the Board of Public Works. Please provide a contact email.
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
Date:
Permittee Signature:
Name:
Title:
BOARD OF PUBLIC WORKS APPROVAL
President Member Member
Member Member Date