Council amends outdoor‑cafe rules after business owners urge broader hours and staff seeks pedestrian clearance

After a public hearing with multiple downtown business owners, the council’s committee amended proposed outdoor‑cafe regulations to increase pedestrian clearance, require designated smoking locations, and tie allowable hours to each establishment’s liquor license while extending the licensed season from April–October to March 1–Nov. 30.

Planning staff explained that existing sidewalk ‘creep’—tables and chairs gradually encroaching on walkways—motivated a proposal to raise the minimum clear pedestrian path from 3 feet to 5 feet to maintain accessibility and reduce conflicts. “The Americans with Disability Act requires a minimum of 3 feet of open clearance at all times,” staff said, adding that other communities generally use a 5‑foot standard to allow for natural movement of chairs and patrons.

Business owners told the council a hard 11 p.m. cutoff would hurt evening music nights and late‑night service. Joel, speaking for a downtown establishment, told council, “The only issue I have with this amendment is the is the time,” noting many businesses rely on later hours and that liquor‑license hours often run later than 11 p.m. Committee members discussed enforcement options, license agreements (including operator responsibility for snow removal when dates are extended), and mechanisms to revoke licenses or special uses if an operator repeatedly violates conditions.

The committee amended the ordinance to: (1) make hours consistent with each operator’s liquor license (removing the clause that would have capped hours at 11 p.m.), (2) extend the season administratively to March 1–Nov. 30 while making operators responsible for snow removal if they place furniture out of season, (3) require designated outdoor smoking zones at least 15 feet from dining and entrances, (4) require securing furniture after hours, and (5) increase minimum clear pedestrian passage to five feet. Staff recommended approval as amended; the committee forwarded the ordinance to the consent agenda.