Downtown Sidewalk Café Guidelines and Grant Program Downtown Brookings, SD June 12, 2009

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Table of Contents Page

Purpose 3

Background 4

Sidewalk Café Site Sketch – Alcohol Service 5

Sidewalk Café Permit Application & Requirements 6 - 9

Sidewalk Café Site Sketch - Non-Alcohol 10

DBI – DEDIF Grant Program & Application 11 – 12

DBI – DEDIF Grant Design Guidelines 13 – 23

Appendix: State and Local Laws 24 - 33

South Dakota State Law

Brookings: Sidewalk Café Alcoholic Beverage Sales

Brookings: Placement of Advertising, Décor, etc. on Sidewalks

Brookings: Outdoor Food & Beverage Service & Dining in the CBD

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Purpose The purpose of this booklet is to provide downtown businesses with the tools to create a sidewalk café in the Central Business District of Brookings, South Dakota. The Design Guidelines contained herein are for the purposes of applying for the Downtown Brookings, Inc. DEDIF Loan or Sidewalk Café Grant Program. The intention of these design guidelines is to retain the historic and cultural character of the downtown. Those businesses that will be serving alcohol must go through an administrative permitting process authorized by Chapter 6, Section 6-9 of the City of Brookings Municipal Code, see pages 25 - 27 for the complete ordinance. Those not serving alcohol do not need a permit, but must comply with Chapter 74, Sections 34-40, Placement of advertising, décor, etc. on sidewalks, see pages 28 – 30.

For the addition of signage, businesses must comply with Ch. 94, Article VI, Division 5 of the Zoning Ordinance: http://www.municode.com/resources/gateway.asp?pid=10484&sid=41.

For assistance, please contact the following:

Sidewalk Cafe Loan & Grants Downtown Brookings, Inc. John Seward-Director 414 Main Avenue Brookings, SD 57006 605-690-4856 downtown@brookings.net FB/MS: Downtown Brookings

Municipal Codes & Permitting City of Brookings Mike Struck-Director Community Development 311 Third Avenue Brookings, SD 57006 605-692-6629 www.cityofbrookings.org

Sidewalk Café Alcohol Service Permitting City of Brookings Shari Thornes-City Clerk 311 Third Avenue /PO Box 270 Brookings, SD 57006 605-692-6281 605-692-6907 sthornes@cityofbrookings.org

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Background

Downtown Brookings, Inc. is pleased to offer restaurants along Main Avenue the option of utilizing the public sidewalk outdoor dining areas. Outdoor dining gives restaurant patrons an amenity that has become an increasingly popular feature within many downtowns. While the City has encouraged the use of outdoor dining arrangements, restaurant operators must be mindful of two important considerations: the safety and flow of pedestrian traffic, and the visual appropriateness within the downtown historic district. Both the City Ordinances and the DBI Sidewalk Café Grant Design Guidelines are intended to ensure that restaurants use the public sidewalk for outdoor dining in a way that is safe for pedestrians and appropriate for the historic district.

Sidewalk Café Alcohol Sales Application Any holder of an operating agreement, on-sale malt beverage license or on-sale wine license may apply for a sidewalk café permit for the sale and consumption of alcoholic beverages which the licensee is authorized to sell on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises, provided that the license holder derives more than fifty percent of its gross receipts from the sale of prepared food for consumption on the licensed premises. To apply, a restaurant owner needs to complete the following application on pages 6 - 9.

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Alcohol Sales Layout

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Sidewalk Alcohol Sales Application Brookings, South Dakota

The undersigned makes application for a Sidewalk Alcohol Sales Permit under the provisions of Chapter 6, Section 6-9 of the City of Brookings Code of Ordinances.

Applicant Qualifications:

Any holder of an operating agreement, on-sale malt beverage license or on-sale wine license may apply for a sidewalk café permit for the sale and consumption of alcoholic beverages which the licensee is authorized to sell on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises, provided that the license holder derives more than fifty percent of its gross receipts from the sale of prepared food for consumption on the licensed premises.

Business Name:

Address:

Phone Number:

Representative's Name:

Alcohol License Number(s):

Food License No:

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Application Submittal Requirements

1)

:

Fee

2)

. A one-time application fee in the amount of $100.00 payable to the City of Brookings filed with the City Clerk.

Site Plan

The location of the sidewalk café must be directly in front of the business operating the café, and may not extend beyond the side property lines. Tables, chairs, benches and food and beverage carts and equipment shall be located so that they do not impede, endanger or interfere with pedestrian traffic, with a minimum width of six (6) feet of unobstructed passage for pedestrian traffic on Main Avenue and a minimum width of four (4) feet of unobstructed passage for pedestrian traffic on side streets.

. Furnish a site plan identifying the location of tables, chairs, umbrellas, trash receptacles, heaters and barricades in compliance with the following requirements:

No fixtures or devices on which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. The property owner is responsible for the restoration of the sidewalk or public right-of-way if any damage is caused by the sidewalk café. Physical barriers may not exceed four feet in height.

Lighting for sidewalk cafes is subject to approval during the permitting process. Tabletop lighting may include candles and battery-operated fixtures.

Physical barricades are required if alcoholic beverages are sold at the sidewalk café.

3) Insurance

4)

. Furnish a certificate of insurance proving commercial insurance coverage of at least $1,000,000 for bodily injury, death, disability, and property damage liability. The City of Brookings shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a sidewalk café. In the event that the insurance is cancelled, the permit holder has 24 hours to reinstate the insurance or the permit shall be revoked. The permit holder shall immediately notify the city clerk if insurance under this provision is revoked and shall not serve or allow alcoholic beverages to be consumed until insurance is restated in accordance with this requirement.

Compliance Requirements

All services provided to sidewalk café patrons as well as all patron activity must occur within the designated sidewalk café area. No alcoholic beverages may be stored or mixed in the sidewalk café.

. Compliance with the following programming requirements is required and signing of this application is an acceptance of these compliance requirements.

The permit holder is responsible for proper supervision of the sidewalk café in order to ensure the requirements of this section are met. Permit holders must ensure that the requirements for operation are met. These include:

o Patrons must wear shoes and shirts at all times. o All sidewalk cafes must maintain at least one opening for ingress and egress at all times. All sidewalk cafes shall abide by all

requirements of the currently adopted International Building Code and the American’s with Disabilities Act. o To the extent applicable, sidewalk cafes must adhere to all regulations of the City pertaining to food and beverage service as

set forth in Ordinance Section 74: 38-40.

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All areas within and surrounding a sidewalk café must be maintained in a clean, neat, and sanitary condition. All permit holders shall be required to abide by all federal, state, and local laws. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises. Public walkways and sidewalks within the right of way of a Federal-aid eligible highway are not eligible for a permit unless approved

in accordance with the applicable requirements for the receipt of Federal aid. The hours of authorized sale and consumption on the sidewalk or walkway subject to a public right-of-way as provided by this section

shall be consistent with the hours permitted for the license held by the sidewalk café permittee. A violation of any provision of South Dakota Codified Laws, Title 35 by an alcoholic beverage license holder conducting business on a

sidewalk or walkway subject to a public right-of-way pursuant to this section constitutes a violation of South Dakota Codified, Title 35 as if the violation had occurred in or on the licensed premises.

5) Revocation

The Applicant also certifies that all current property taxes due on its licensed premises are paid if property is owned by the Applicant.

. A sidewalk café permit may be revoked for failure to maintain the standards required for the initial permit. A notice of intent to revoke a sidewalk café permit shall be given in writing 10 days prior to actual revocation and shall specify the area or areas of continued failure to meet requirements and maintain conditions the city may have imposed. If, during that period, proof of compliance is made to the satisfaction of the city by the holder of the permit, the permit shall be continued in force.

This Application and any permit issued constitute a contract between the undersigned applicant and the City of Brookings. The undersigned applicant agrees to comply with all provisions of Chapter 6 (pertaining to Alcoholic Beverages) of the Brookings Code of Ordinances and Chapter 35 of the South Dakota Codified Laws, which pertain to the sale and consumption of alcoholic beverages. The undersigned Applicant expressly agrees that violations of the provisions of Chapter 6, or failure to comply therewith, constitutes cause for revocation or suspension of the permit issued pursuant to this Application or for refusal to renew the permit upon expiration thereof.

Applicant agrees to permit City to periodically verify the accuracy of information contained in this Application and agrees to provide information requested to verify the accuracy of the information and the Certifications contained in this Application.

I have read and fully understand the attached rules and regulations applying to the approval of this license.

Dated ,

20_______ By:

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RETURN TO:

Return to completed application to: Shari Thornes, Brookings City Clerk

311 Third Avenue, PO Box 270 Brookings, SD 57006

605-692-6281 sthornes@cityofbrookings.org

TO BE COMPLETED BY CITY PERSONNEL

Reviewed by:

Planning & Zoning Department:

City Clerk/ADA Coordinator:

City Manager:

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NON-ALCOHOL LAYOUT

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D.E.D.I.F Sidewalk Café Grant Program and Application Central to the process of permitting outdoor dining in one of Brookings’ most historic areas is the necessity of ensuring that furniture and other items placed within it will not detract from the district’s architectural heritage. The Main Street approach focuses its revitalization efforts around four key issues – design, promotion, economic enhancement, and organization. It has been the experience of over twelve hundred Main Street communities that the design and physical integrity of downtown commercial structures are extremely important, not only as a matter of aesthetics, but also in contributing to the success of retail and commercial businesses. Property owners who have reinvested in the façades of their buildings have, in most cases, realized real gains in property and income values. This trend is also true for neighboring structures, as well as the total property value of the downtown commercial district. The ultimate goal of this program is to encourage sidewalk café improvements which are compatible with the historic significance and uniqueness of downtown. DBI Program Investors may apply for this grant. Approved sidewalk café infrastructure will receive a 25% (twenty-five percent) grant with a limit of $500. Applications should be submitted and approved before the sidewalk café infrastructure is in place. The grant would be paid when the project is completed and copies of the invoices are submitted to Downtown Brookings Inc. Businesses may also apply for revolving loan funds to cover the remaining 75% of the sidewalk cafe cost.

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Sidewalk Café Grant Program Application

1. Name of Applicant: _______________________________________________________________________________________________

2. Mailing Address: __________________________________________________________________________________________________

3. Phone Number: __________________________ Email Address _______________________________________________________

4. Project Address: __________________________________________________________________________________________________

5. Describe the dimension, placement, colors of the sidewalk café infrastructure: ____________________________

_____________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________

6. Copy of company's estimated cost: _____________________________________________________________________________

7. Proposed project start and completion dates: _________________________________________________________________

_____________________________________________________________________________________________________________________

8. Attach a drawing of the proposed sidewalk café, and photos of the proposed infrastructure.

The undersigned applicant affirms that: I (we) understand that the sidewalk café infrastructure design and placement must adhere to this proposal. Any variance from the proposal, without prior approval, may result in forfeiture of the 25% grant.

Signature of Applicant(s): _________________________________________________________________________________ Date: _______________________________ _________________________________________________________________________________ Date: _______________________________ FOR OFFICE USE: Approval of Design Review Committee: _________________________________________________ Date ___________________ Approval of Economic Enhancement Review Committee:______________________________ Date ___________________

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DBI: DEDIF Sidewalk Café Design Guidelines The following design guidelines are the guiding standards that Downtown Brookings will use when reviewing applications for the DEDIF Sidewalk Café Grant. The purpose of these design guidelines is to create an efficient pattern of sidewalk cafés that reflect the unique character of downtown Brookings. These guidelines include all sidewalk café infrastructure, such as: Barriers, signage, plants, heaters, umbrellas, seating, lighting, and tables. Barriers

Barriers are required in the following instances: Barriers are required for the full perimeter of all outdoor dining areas serving alcohol when in the public right of way. Brookings law requires that outdoor dining areas where alcohol is served or consumed must be an enclosed area, with only one opening to the sidewalk for access. Dining area barriers (fences, gates, ropes etc.) are visually appealing and help to separate the dining area from the sidewalk. All barrier material must be maintained in good visual appearance, without visible fading, dents, tears, rust, corrosion, or chipped or peeling paint. Barrier Designs A wide variety of styles and designs are permissible for outdoor dining area barriers. Sectional Fencing: Sectional fencing (generally defined as rigid fence segments that can be placed together to create a unified fencing appearance) is a desirable solution for outdoor seating areas using barriers. Such fencing is portable, but cannot be easily shifted by patrons or pedestrians, as can less rigid forms of enclosures. Sectional fencing must be of metal (aluminum, steel, iron, or similar) or of

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wood construction and must be of a dark color (either painted or stained). Rope or Chain Rails

: Rope or chain-type barriers (generally defined as enclosures composed of a rope or chain suspended by vertical elements such as stanchions) are permitted if they meet the following guidelines:

• Rope/Chain Diameter

: The rope or chain must have a minimum diameter of 1 inch, in order to maintain detectability by the visually impaired.

• Posts

: Vertical support posts (stanchions, bollards, etc.) must be constructed of wood or metal (aluminum, steel, iron, or similar).

• Stanchion Base Must Not Be A Tripping Hazard:

If a stanchion or other vertical supporting device is attached to a base, that base must be flat and must measure no more than one-half (½) of an inch above the sidewalk surface. No domed stanchion bases are permitted.

Freestanding

: Any barrier (whether sectional fencing or rail-type) must be freestanding, without any permanent or temporary attachments to buildings, sidewalks or other infrastructure.

Prohibited Barrier Styles

• Fabric Inserts not permitted to be used as part of a barrier.

: Fabric inserts (whether natural or synthetic fabric) of any size are

• Chain-link and Other Fencing

fencing or pedestrian control (including but not limited to buckets, food

: The use of chain-link, cyclone fencing, chicken wire or similar appurtenances is prohibited. Materials not specifically manufactured for

containers, tires, tree stumps, vehicle parts, pallets, etc.) and not expressly permitted elsewhere in these Guidelines may not be used as components of a barrier.

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Barrier Measurements To ensure their effectiveness as pedestrian control devices and their detectability for persons with visual impairments, barriers must meet the following measurement guidelines:

• Height

: The highest point of a barrier (such as a stanchion) must measure at least 36 inches in height, with the exception of planters.

• “Open” Appearance

: Fences or other perimeter enclosures with a height of between 36” and 50” must be at least 50 percent open (see-through) in order to maintain visibility of street level activity. Any enclosure with a height over 50” must be at least 80 percent open (see-through).

• Maximum Distance from Ground

: All barriers must be detectable to visually impaired pedestrians who employ a cane for guidance. Therefore the bottom of barriers must be no greater than 27 inches above the sidewalk surface.

• How to Measure Rope/Chain Distance from Ground

: In the case of a rope or chain enclosure, the rope/chain must not exceed 27 inches in height when measured 12 inches or more away from a vertical post (stanchion, bollard or other such support).

Access Openings

• Minimum Access Widthbarrier must measure no less than 44 inches in width.

: Any access opening within the

• Locationlocation that will not create confusion for visually

: Access openings should be placed in a

impaired pedestrians.

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Planters

Planters may be used in addition to or in place of other barrier designs. In addition, planters may be used in situations where no barrier is required (for example, where the outdoor dining area does not extend more than three feet into the sidewalk) in order to provide added visual interest and create a more attractive and welcoming atmosphere. Planters and the plants contained within them must meet the following requirements:

• Maximum Height of Planters

: Planters may not exceed a height of 36 inches above the level of the sidewalk. (This pertains only to planters, not the plants contained therein.)

• Maximum Height of Plants

: Plants (whether live or artificial) may not exceed a height of 108 inches (8 feet) above the level of the sidewalk.

• Planted Material

are encouraged.

: All planters must have plants contained within them. If the plants within a planter die, the plants must be replaced or the planter removed from the public right-of-way. Artificial plants, empty planters, or planters with only bare dirt, mulch, straw, woodchips or similar material are not permitted. Seasonal, thematic planter displays

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Furniture and Fixtures All Furniture shall meet the following guidelines:

• Free Standing. (Brookings ordinance 34.1.2)

• Match the historic character streetscape of Downtown Brookings.

• Commercial grade and manufactured for outdoor commercial use. They shall be made of a safe, sturdy and durable material, such as wood, resin, steel, and wrought iron.

Size and Shape The size and shape of table strongly affects the functionality of an outdoor dining area. Due to limited space on the sidewalks, restaurants should strive for space-efficient seating layouts and furniture configurations. Square and rectangular tables are strongly recommended for use in the outdoor dining areas.

• Better Fit

: Square or rectangular tables may fit flush against a buildings’s wall and can permit more usable surface area for patrons while at the same time leaving more space available for pedestrians.

• More Flexibility

: Square or rectangular tables are more flexible for use in outdoor dining areas. Such tables may be combined to seat larger parties much more effectively than can round tables.

• Smaller Table preferred

: Smaller tables work better than larger tables and are more efficient and flexible. Although optimal table size varies by each restaurant’s specific outdoor dining layout, smaller tables are preferred.

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Seating Seating options should be appropriately cohesive in color, texture, and size.

• Color

: Tables may be colored or of a natural unpainted material (i.e. wood, metal, etc.) Chairs are not permitted to be of any fluorescent or other strikingly bright or vivid color.

• Upholstery

: Upholstered chairs are permitted. Upholstery is not permitted to be of any fluorescent or other strikingly bright or vivid color.

• Matching

: All chairs used within a particular establishment’s outdoor seating area must match each other by being of visually similar design, construction, and color.

• Size

: Round tables shall be no longer that 2.5ft. wide. Square tables shall be no larger than 3ft. wide.

Umbrellas Umbrellas can add a welcoming feel to outdoor dining areas and provide shelter from the elements, making their use desirable for outdoor dining applications. Appropriately designed and sized umbrellas are permitted for use under this outdoor dining program. Umbrellas must be free of advertisements and contained within the outdoor dining area, and the lowest dimension of an extended umbrella must be at least 7 feet above the sidewalk surface. All umbrellas must comply with the following conditions. Individual canvas or other non-vinyl umbrellas of a compatible design may be permitted in the right-of-way and shall not exceed over the pedestrian zone. Umbrellas shall be made for outdoor commercial use subject to City approval.

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• Contained Within the Outdoor Seating Area

: To ensure effective pedestrian flow, all parts of any umbrella (including the fabric and supporting ribs) must be contained entirely within the outdoor seating area.

• Minimum Height for Sidewalk Clearance

: When extended, the umbrella must measure at least 7 feet above the surface of the outdoor dining area in order to provide adequate circulation space below. This measurement must include not only the umbrella frame and panels, but also any decorative borders such as fringes, tassels, or other such ornamentation.

• Maximum Height

: Any part of an umbrella used in an outdoor seating area may not exceed a height of 120” (10 feet) above the level of the sidewalk, in order to avoid causing an undue visual obstruction of other businesses.

• Colors

: Umbrellas must blend appropriately with the surrounding built environment. Therefore, umbrella fabric is not permitted to be of any fluorescent or other strikingly bright or vivid color. Umbrella covers must be of one solid color.

• Size and Shape

: The size and shape of an umbrella strongly affects its functionality within a constrained space such as an outdoor dining area. Due to the narrow measurements of most restaurants’ outdoor dining areas, restaurants using umbrellas should strive for space-efficient umbrella designs.

• Square or Rectangular Umbrellas Preferred

: Square or rectangular umbrellas, as opposed to round or octagonal umbrellas, are strongly recommended for use in Old Town’s outdoor dining areas.

• Market-Style Umbrellas Preferred

: Market style umbrellas – those designed specifically for patio or outdoor restaurant use are preferred for outdoor dining purposes.

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• Material

: Umbrella fabric must be of a material suitable for outdoor use, and must be canvas-type. No plastic fabrics, plastic/vinyl-laminated fabrics, or any type of rigid materials are permitted for use as umbrellas within an outdoor seating area

• Signage or Wording Prohibited

: Umbrellas must not contain signage for the restaurant or for any other entity in the form of wording, logos, drawings, pictorial or photographic representations, or any other likewise identifying characteristic.

Sidewalk Coverings The floor of outdoor seating areas shall be uncovered sidewalk material as to provide continuity with the adjacent public right-of-way. Floor coverings or raised platforms may not be used within outdoor dining areas. Prohibited Sidewalk Coverings

• Carpet

resemble turf.

: Prohibited sidewalk coverings include carpet or other flooring material constructed of fabric, canvas, wool, tile, linoleum, nylon, vinyl, or any covering that is intended to

• Platforms

: Raised decks, platforms, or other such surfaces are not permitted within outdoor dining areas.

Circulation Room As established in the Outdoor Dining Ordinance, all outdoor dining areas must leave at least 6 feet of unobstructed pedestrian space. These 6 feet of pedestrian spaces must be clear of obstructions caused by trees, tree wells, posts, hydrants, or any other infrastructure. In addition, no part of an outdoor dining area (including plants) may extend into the 6-feet-unobstructed zone. If a perimeter enclosure is used, adequate space must be provided within the enclosed outdoor dining area to permit movement of patrons and wait staff. Wait staff may not serve patrons from beyond the perimeter enclosure.

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Signage Signage is permitted within outside dining areas only with a valid City permit, Chapter 94, Article VI, Division 5 of the Zoning Ordinance, see Attachment X. No extra or additional signage is permitted solely as a result of an establishment’s participation in this outdoor dining program.

Adjacent Businesses Restaurants need to be mindful of adjoining businesses when using outdoor dining areas, making sure that neighboring businesses remain visible to pedestrians and motorists. A restaurant should try to adjust the outdoor seating area’s layout, dimensions or distance from the property line (2 feet or more) to ensure that this visibility is maintained.

Portable Heaters Portable heaters are permitted subject to review and approval by the Brookings Fire Department. Trash Receptacles The number, type, and location of trash receptacles shall be located inside of the

designated café zone. Trash receptacles shall be made of durable material to match the existing façade and shall be commercial grade. Lighting Lighting for sidewalk cafes is subject to approval during the permitting process. Tabletop lighting may include candles and battery-operated fixtures.

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Protruding Objects

Protruding Objects: Requirements in 4.4 are based on standard cane techniques used by people with vision impairments. There are two principal techniques: the touch technique and the diagonal technique. People are often trained to use both. The touch technique involves arcing the cane side to side to detect points beyond both shoulders and is often used in uncontrolled areas. The diagonal technique involves holding the cane in a stationary position diagonally across the body with the bottom tip at the ground beyond one shoulder and the grip extending beyond the other shoulder. This technique is generally used in certain controlled and familiar environments. The standard sweep of canes allows detection of objects with leading edges up to 27 inches from the floor.

Scoping: Requirements for protruding objects apply to all circulation routes, including both accessible and inaccessible routes and include corridors, walks, courtyards, stairways, and areas of circulation.

Wall-Mounted Objects: Proper cane and service animal techniques allow people to walk along a corridor or path without bumping into walls. Overhangs that are above cane sweep height may protrude 4 inches without being hazardous. Objects within the sweep of canes (at or below 27 inches) or above 80 inches can protrude any amount. Wing walls, side partitions, and alcoves or recesses can be used for elements such as drinking fountains with their bottom edges above 27 inches. Fixed elements or barriers can provide detection below objects not required to have knee or toe clearance.

Free-standing and Post-mounted Objects: Where objects are mounted above 27 inches from the ground or floor, overhangs are limited to 12 inches. This is based on standard measures for cane sweep. Objects with leading edges at or below 27 inches or above 80 inches can protrude any amount.

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Head Room:

Circulation paths must provide at least 80 inches of vertical clearance. Otherwise fixed barriers detectable by canes must define areas with less clearance. Gates, rails, curbs, and other fixed elements, such as planters, can serve as barriers. This is important at open stairways and along sloped walls.

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Sidewalk Café Local and State Laws

South Dakota State Statute Sidewalk Sale or Consumption of Alcohol

35-4-77.1. Sale or consumption of alcoholic beverages on sidewalk abutting licensed premises permitted by ordinance. Notwithstanding the provisions of § 35-4-75, the governing body of the municipality charged with the approval of alcoholic beverage license issuance may, by ordinance, permit the sale and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises, provided that the license holder derives more than fifty percent of its gross receipts from the sale of prepared food for consumption on the licensed premises. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises. This section does not apply to any federal-aid eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid.

Nothing contained in this section prevents the governing body from imposing conditions or restrictions that it deems appropriate.

The sidewalk or walkway subject to a public right-of-way where the sale and consumption of alcoholic beverages is permitted does not constitute a public place as defined in § 35-1-5.3, if the sidewalk or walkway subject to a public right-of-way has been properly authorized for sale and consumption of alcoholic beverages pursuant to this section. The hours of authorized sale and consumption on the sidewalk or walkway subject to a public right-of-way as provided by this section shall be consistent with the hours permitted for the on-sale license.

A violation of any provision of Title 35 by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of-way pursuant to this section constitutes a violation of Title 35 as if the violation had occurred in or on the licensed premises. Source: SL 2008, ch 187, § 1.

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City of Brookings Municipal Code Sidewalk Café Alcoholic Beverage Sales

Chapter 6

Sec. 6-9. Sidewalk café alcoholic beverage sales and consumption regulations. (a) General provisions. (1) Any holder of an operating agreement, on-sale malt beverage license or on-sale wine license may apply for a sidewalk café permit for the sale and consumption of alcoholic beverages which the licensee is authorized to sell on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises, provided that the license holder derives more than 50 percent of its gross receipts from the sale of prepared food for consumption on the licensed premises. (2) The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises. (3) This section does not apply to any federal-aid eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid. (4) The hours of authorized sale and consumption on the sidewalk or walkway subject to a public right-of-way as provided by this section shall be consistent with the hours permitted for the license held by the sidewalk café permittee. (5) A violation of any provision of Title 35 by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of-way pursuant to this section constitutes a violation of Title 35 as if the violation had occurred in or on the licensed premises. (b) Definitions.

Sidewalk café. A sidewalk café is an outdoor area located on a public sidewalk or walkway which is operated and maintained by an establishment, coffeehouse, tea shop, restaurant or bar. (c) Applicable procedure. (1) An application for a sidewalk café permit shall be filed with the city clerk. There shall be a one-time application fee of $100.00. The application shall include a site plan which identifies the location of tables, chairs, umbrellas, trash receptacles, heaters and barricades.

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City of Brookings Municipal Code (Cont.): Sidewalk Café Alcoholic Beverage Sales

(2) a. The location of the sidewalk café must be directly in front of the business operating the café, and may not extend beyond the side property lines. Tables, chairs, benches and food and beverage carts and equipment shall be located so that they do not impede, endanger or interfere with pedestrian traffic, with a minimum width of six feet of unobstructed passage for pedestrian traffic on Main Avenue and a minimum width of four feet of unobstructed passage for pedestrian traffic on side streets. b. No fixtures or devices on which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. The property owner is responsible for the restoration of the sidewalk or public right-of-way if any damage is caused by the sidewalk café. Physical barriers may not exceed four feet in height. c. Lighting for sidewalk cafés is subject to approval during the permitting process. Tabletop lighting may include candles and battery-operated fixtures. d. Physical barricades are required if alcoholic beverages are sold at the sidewalk café. (3) All services provided to sidewalk café patrons as well as all patron activity must occur within the designated sidewalk café area. No alcoholic beverages may be stored or mixed in the sidewalk café. (4) The permit holder is responsible for proper supervision of the sidewalk café in order to ensure the requirements of this section are met. (5) Every sidewalk café permit holder shall furnish a certificate of insurance proving commercial insurance coverage of at least $1,000,000.00 for bodily injury, death, disability, and property damage liability. The City of Brookings shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a sidewalk café. In the event that the insurance is cancelled, the permit holder has 24 hours to reinstate the insurance or the permit shall be revoked. (6) Permit holders must ensure that the requirements for operation are met. These include: a. Patrons must wear shoes and shirts at all times.

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City of Brookings Municipal Code (Cont.): Sidewalk Café Alcoholic Beverage Sales b. All sidewalk cafés must maintain at least one opening for ingress and egress at all times. All sidewalk cafés shall abide by all requirements of the currently adopted International Building Code and the American's with Disabilities Act. c. To the extent applicable, sidewalk cafés must adhere to all regulations of the city pertaining to food and beverage service as set forth in section 74-40. (7) All areas within and surrounding a sidewalk café must be maintained in a clean, neat, and sanitary condition. (8) All permit holders shall be required to abide by all federal, state, and local laws. (9) A sidewalk café permit may be revoked for failure to maintain the standards required for the initial permit. A notice of intent to revoke a sidewalk café permit shall be given in writing ten days prior to actual revocation and shall specify the area or areas of continued failure to meet requirements and maintain conditions the city may have imposed. If, during that period, proof of compliance is made by the holder of the permit, the permit shall be continued in force. (Ord. No. 37-08, § I, 9-23-2008) Secs. 6-10--6-40. Reserved.

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City of Brookings Municipal Code Placement of Advertising, Décor, etc. on Sidewalks

Chapter 74

DIVISION 1.5. USE OF SIDEWALKS AND STREETS IN THE CENTRAL BUSINESS DISTRICT Subdivision A. Placement of Advertising, Decor, Merchandise and Articles on Sidewalks in the Central Business District Sec. 74-34. Placement of goods and articles on sidewalk or street.

No person shall place any advertising, decorative articles, merchandise, tables or other articles upon any sidewalk or street in the city unless otherwise permitted by this chapter, except that, for the purpose of loading or unloading, such articles may be placed upon the sidewalk or street for such time as may be necessary to load or unload the same. In no instance shall any such articles be left upon the sidewalk or street after sunset and before sunrise in such a way as to obstruct the sidewalk. (Ord. No. 26-03, § I, 9-9-2003) Sec. 74-35. Definitions.

[The following definitions shall apply when used in this subdivision:] Central Business District means the zoning district defined by that name in the

Zoning Ordinance of the City of Brookings. Merchandise includes goods and items for sale, including plants, flowers, wearing

apparel, jewelry, ornaments, art work, household or office supplies, books, and other goods or wares, but excludes food or beverages of any kind.

Outdoor advertising and decorative structures includes, but is not limited to menu boards, benches, flower pots, portable signs.

Outdoor merchandise area means an area in front of or adjacent to a retail business where merchandise is located on a public sidewalk for the purpose of displaying, exhibiting, selling or offering merchandise for sale.

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City of Brookings Municipal Code (Cont.): Placement of Advertising, Décor, etc. on Sidewalks

Sidewalk means all that area legally open to public use as a pedestrian public way between the curb line and the public right-of-way boundary along the abutting property. (Ord. No. 26-03, § I, 9-9-2003) Sec. 74-36. Outdoor merchandise areas, outdoor advertising and decor permitted in central business district.

Outdoor sale of merchandise and placement of outdoor advertising and decorative structures are permitted on sidewalks in the Central Business District by the owner or operator of the business whose business is adjacent to the sidewalk upon which the merchandise, outdoor advertising or decorative structures are placed. Outdoor sale of merchandise and placement of outdoor advertising and decorative structures in the Central Business District shall be subject to the regulations set forth in this subdivision. (Ord. No. 26-03, § I, 9-9-2003) Sec. 74-37. Regulations pertaining to outdoor merchandise areas, advertising and decor in the central business district. (1) Advertising, decorative structures, merchandise and fixtures or devices upon which merchandise is displayed shall be located so that they do not impede, endanger or interfere with pedestrian traffic, with a minimum of six feet of passage for pedestrian traffic. (2) No fixtures or devices upon which outdoor merchandise is displayed shall be attached to the sidewalk or other public area. (3) Outdoor merchandise areas will be permitted only adjacent to the building or structure in which the business is located. Outdoor merchandise shall not be permitted next to the curb of the street. (4) Outdoor advertising, decorative structures or merchandise and fixtures or devices upon which merchandise is displayed shall not block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage alongside the outdoor advertising, decorative structures or merchandise.

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City of Brookings Municipal Code (Cont.): Placement of Advertising, Décor, etc. on Sidewalks All displays of merchandise within the outdoor merchandise area must meet a minimum height of 12 inches tall or be of sufficient size so that safe pedestrian traffic is not impeded. All merchandise located within the area that outdoor merchandise is displayed shall be placed so that the outdoor merchandise and the fixtures or devices on which the merchandise is displayed are stable and not easily tipped and do not include sharp edges, protrusions or other features which may be hazardous to the public. (5) All merchandise and the fixtures or devices upon which the merchandise is displayed shall be moved inside the building wherein the retail business is located during hours the retail business is not in operation. (6) All merchandise and the fixtures, or devices upon which the merchandise is displayed must be secured so that it may not be dislodged during windy or stormy weather prior to being moved inside the building wherein the retail business is located. (7) The owner or operator of the business displaying the outdoor merchandise shall be responsible for the maintenance, upkeep and security of the fixtures or devices upon which the merchandise is displayed. (8) The owner or operator of the business displaying the outdoor merchandise shall be responsible for keeping the outdoor merchandise area clean of garbage, trash, paper, cups, cans or litter associated with the operation of the outdoor merchandise area. (9) Signs attached to the outdoor merchandise fixtures shall be secured so that they are not dislodged during windy or stormy weather. (10) Outdoor merchandise areas shall not contain any live animals. (Ord. No. 26-03, § I, 9-9-2003)

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City of Brookings Municipal Code Outdoor Food and Beverage Service in CBD Chapter 74

Subdivision B. Outdoor Food and Beverage Service and Dining in the Central Business District Sec. 74-38. Outdoor food and beverage service and dining areas permitted in central business district.

Outdoor food and beverage service and dining is permitted on sidewalks in the Central Business District by the owner or operator of the business whose business is adjacent to the sidewalk upon which the food and beverages are to be sold, served or consumed. Outdoor sales and service of food, beverages and outdoor dining in the Central Business District shall be subject to the regulations set forth in this subdivision. (Ord. No. 26-03, § II, 9-9-2003) Sec. 74-39. Definitions.

[The following definitions shall apply when used in this subdivision:] Central Business District means the zoning district defined by that name in the

Zoning Ordinance of the City of Brookings. Outdoor dining area means an area on a public sidewalk in front of and adjacent to

a business where food or beverages are sold, served or consumed. Sidewalk means all that area legally open to public use as a pedestrian public way

between the curb line and the public right-of-way boundary along the abutting property. (Ord. No. 26-03, § II, 9-9-2003) Sec. 74-40. Regulations pertaining to outdoor food and beverage service and dining areas in the central business district. (1) No person shall sell or serve food or beverages or permit outdoor dining on a sidewalk in the Central Business District unless they comply with the requirements of this subdivision.

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City of Brookings Municipal Code (Cont.): Outdoor Food and Beverage Service in CBD (2) No alcoholic beverages may be sold, served or consumed on a sidewalk unless a license has been issued pursuant to applicable law. (3) Outdoor food or beverage sales and outdoor dining shall be located so that such service and dining does not impede, endanger or interfere with pedestrian traffic. Tables, chairs, benches and food and beverage carts and equipment shall be located so that they do not impede, endanger or interfere with pedestrian traffic, with a minimum of six feet of passage for pedestrian traffic. (4) No fixtures or devices on which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. (5) Outdoor food or beverage sales and outdoor dining will be permitted only adjacent to the building or structure in which the business providing the outdoor food and beverage service is located. No tables, chairs, benches and food and beverage carts or equipment shall be permitted next to the curb of the street. (6) Tables, chairs, benches and food and beverage carts and equipment shall not block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage alongside the outdoor dining area. All tables, chairs, benches and food and beverage carts and equipment shall not have sharp edges, protrusions, or other features which may be hazardous to the public. (7) All tables, chairs, benches and food and beverage carts and equipment used for food and beverage sales or consumption shall be moved inside the building wherein the business is located during hours the business is not in operation, unless the tables and chairs are secured to the building or secured together with a cable in a preapproved fashion. (8) All tables, chairs, benches and food and beverage carts and equipment used for food and beverage sales or consumption must be secured so that they may not be dislodged during windy or stormy weather. (9) The business owner or operator who conducts outdoor food or beverage sales and outdoor dining shall be responsible for the maintenance, upkeep and security of all tables, chairs, benches and food and beverage carts and equipment used for food or beverage sales and outdoor dining.

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City of Brookings Municipal Code (Cont.): Outdoor Food and Beverage Service in CBD

(10) The business owner or operator who conducts outdoor food or beverage sales and outdoor dining shall be responsible for keeping the outdoor merchandise area clean of garbage, trash, paper, cups, cans or litter associated with the operation of the outdoor dining area. (11) Signs used to advertise to the outdoor food or beverage sales and the outdoor dining area shall be secured so that they are not dislodged during windy or stormy weather. (Ord. No. 26-03, § II, 9-9-2003) Secs. 74-41--74-60. Reserved.