SUPPORTS ITEM NO. 3  
                                                      CS&B COMMITTEE AGENDA
                                                      OCTOBER 26, 1995     


                                  POLICY REPORT
                                    LICENSING  

                                                     Date:  October 5, 1995


     TO:       Standing Committee on City Services and Budgets

     FROM:     General Manager of Engineering Services

     SUBJECT:  Sidewalk Cafe Review



     RECOMMENDATION

          A.   THAT large sidewalk cafes  continue to remove their railings
               in the winter from  October 31st to March 1st,  except where
               grade problems would  preclude a small  cafe operation.   In
               these cases, a small cafe with a platform and railings could
               be permitted.

          B.   THAT  sidewalk  cafe  permits   continue  to  be  issued  to
               restaurants and limited service food establishments only.

          C.   THAT  Sidewalk Cafe  guidelines (Appendix  A) be  amended so
               that  all  sidewalk cafes  within  200  feet of  residential
               development have mandatory closing hours of 11:00 p.m., with
               earlier hours being instituted at the discretion of the City
               Engineer.

          D.   THAT Large Sidewalk Cafe  guidelines (Appendix A) be amended
               to  permit structures (to a  maximum height of  2 feet above
               the  sidewalk)  to  harmonize  indoor  and  outdoor  seating
               levels.

          E.   THAT  the temporary 6 month  EA I position  approved for the
               Sidewalk  Cafe program  be continued  and combined  with the
               annual  temporary  6  month  position  responsible  for  the
               Produce Display program to  create a regular full-time  EA I
               position.   The  cost  of this  position  will be  recovered
               through revenue from the programs.


     CONSIDERATION

          F.   THAT staff  advise the  Liquor Control and  Licensing Branch
               (LCLB)  that  the  City  supports  a  change  to  provincial
               regulations  to allow small  sidewalk cafes without railings
               to serve  alcoholic beverages with  food and  to change  the
               Small Sidewalk Cafe guidelines (Appendix A) accordingly.


     COUNCIL POLICY

     Council  has authorized the City Engineer to approve sidewalk cafes on
     City streets  to add interest to the sidewalk and to provide a service
     to  customers and the business community.  Guidelines for this process
     were most recently amended  on February 3, 1994 when  Council approved
     the recommendations  of  the "Sidewalk  Cafes  - Proposed  Changes  to

     Administration and Guidelines" report (Appendix B).

     Council adopted the Central  Area Pedestrian Weather Protection policy
     in  1978  and amended  it  most  recently on  November  9,  1993.   It
     encourages  awnings and  other  protective elements,  which provide  a
     supportive environment for window shopping and other active pedestrian
     street uses,  enhance the  appearance of pedestrian  oriented shopping
     area, and improve the economic viability of such areas.

     On  February  18, 1993,  Council approved  the Yaletown  report, which
     stated  that the historical nature of Yaletown should be preserved and
     included "Yaletown Dock Guidelines"  specifying that sidewalk cafe by-
     laws must be adhered to in this area.


     SUMMARY

     This report reviews minor issues within the City's successful sidewalk
     cafe program  and recommends  revised guidelines regarding  year-round
     opening.   The new guidelines would allow establishments to maintain a
     year-round small cafe with  platform and railings if the  structure is
     necessary to level grade differences in the sidewalk.

     The feasibility of allowing  pub patios on City streets  was reviewed.
     Based on  past experience, staff anticipate that  sidewalk seating for
     liquor  only service  would  lead to  complaints  of noise  and  rowdy
     behaviour,  which  would erode  public support  for  the program  as a
     whole.   Therefore  it  is recommended  to  continue to  restrict  the
     program to food service establishments only.

     It is put forward for Council's consideration that the City inform the
     Province  that  Council supports  amending  provincial  regulations to
     allow restaurants to serve alcoholic beverages at small sidewalk cafes
     without requiring railings.  This would also allow large sidewalk cafe
     operators who  serve alcohol to continue operations through the winter
     season.

     The increasing popularity of the Sidewalk Cafe program has led to more
     conflicts between operators and residents in mixed use areas. 


     This  report   advises  Council  that  staff   recommend  implementing
     restrictive  closing hours on  sidewalk cafe operations in areas where
     there are residential uses.

     Due to  the over  80%  increase in  the number  of  businesses in  the
     Sidewalk  Cafe program  and the  continuing growth  in this  and other
     street  activity programs  the previously  approved 6  month temporary
     Engineering  Assistant (EA) I position  should be continued and merged
     with  the 6 month temporary EA  I position responsible for the Produce
     Display program.   This creates a permanent EA  I position with salary
     recovered through sidewalk cafe and produce display revenues.


     PURPOSE

     This  report reviews the Sidewalk Cafe Program and addresses the issue
     of year-round operation  for sidewalk cafes;  permitting pubs to  have
     sidewalk cafe permits; closing hours; and guideline changes related to
     cafe structures.


     BACKGROUND

     On  February  16,  1995,  Council  requested  a  report  back  on  the
     feasibility  of amending the Sidewalk Cafe program guidelines to allow

     an expanded year-round operation of sidewalk cafes.

     The City's sidewalk  cafe program  is very successful  in providing  a
     service for both the public and restaurant businesses.  Sidewalk cafes
     add interest, variety and attraction to the streetscape; they increase
     business  and exposure for restaurants and cafes.  Allowing these uses
     optimizes sidewalk use.

     City regulations allow for two types of sidewalk cafes:

     1.   A large sidewalk cafe that operates with railings from March 1 to
          October 31,  and which may operate as  a small sidewalk cafe from
          November 1 to the end of February.

     2.   A small sidewalk cafe of  up to 3 tables and 6 chairs, which does
          not have railings and can operate year-round.


     Currently,there are122 large sidewalkcafes and 62small sidewalk cafes.



     DISCUSSION

     In June 1995,  cafe operators were  surveyed regarding year-round  use
     and other issues.  Their responses are tabulated as Appendix C.

     The Sidewalk Cafe review and survey identified a number of issues. 

     A.   Year-Round Sidewalk Cafe Operation

          An extended season  has been  requested by several  of the  large
          cafe operators who wish to take advantage of fair weather days in
          the winter months.

          On February  3, 1994, Council  expanded the sidewalk  cafe season
          from  7 months  to  8  months (now  March  1st  - October  31st).
          Council  also approved  the  small sidewalk  cafe program,  which
          permits operators  to have up to  3 tables and 6  chairs (with no
          railing) on City sidewalk year-round.  Large Sidewalk Cafe permit
          holders  have access to this program (at no additional charge) so
          that they  may  operate year-round  but  they must  remove  their
          railings (and any other structures) from October 31 to the end of
          February.

          For  several operators, operating in  the winter as  a small cafe
          program does not work because

          -    a  platform (which  requires a  railing for  safety)  may be
               required because of grade problems;

          -    railings are desired to better control the outdoor space and
               to provide customer comfort; and

          -    a liquor license  cannot be obtained  for the sidewalk  cafe
               unless the cafe has railings.


          Other cafe owners do not want to operate their cafe in the winter
          but wish to leave the railings up because of the costs of removal
          and storage of the railings and furniture.

          Staff have  evaluated the option  of permitting year  round large
          operations.  The following is a list of the pros and cons.

          Positives

          -    increases profile  for restaurant (off-set  by appearance if
               not actively used);
          -    reduces  costs  for   cafes  as  no   removal/storage  costs
               (possibly off-set by charges for sidewalk use);
          -    allows liquor service; 
          -    corrects  grade problems with  platforms (small cafes cannot
               currently); and
          -    gives  more  control  of  the outdoor  space  to  restaurant
               operators.


          Negatives

          -    reduced demand for and use of in winter;
          -    non-operation/storage   of  railings/furniture   in  winter;
          -    storage space collects litter;
          -    reduced sidewalk area for pedestrians;
          -    pedestrians cannot take advantage of awning protection;
          -    prevention   of  pedestrian  window  shopping  for  adjacent
               businesses;
          -    potential pedestrian hazard if not in use;
          -    increased fees to reflect increased use of sidewalk;
          -    need  to  further  review   parking  and  other  development
               impacts;
          -    increased  pressure  to  allow  structures  on  sidewalk  to
               provide weather protection;
          -    more permanent  fixtures make access for  utility and street
               works more difficult; and
          -    legal concerns regarding permanent loss of street area.

          After considering  pros and cons staff  recommend several changes
          to  make small  winter cafes  more possible  for all  operations.
          However, the  continuation of large sidewalk  cafes year-round is
          not recommended.


          Grade Levelling

          Some  restaurants that  do wish  to  actively operate  year round
          cannot  because of grade problems.   Therefore, it is recommended
          that these be allowed to operate  as a small sidewalk cafe with a
          platform and railings year round.


          Liquor at Small Sidewalk Cafes

          Small  sidewalk  cafes cannot  serve  alcohol  with food  because
          provincial  regulations  require  railings  for  liquor  service;
          however, some of  these establishments would like to provide this
          service to  their customers.   Therefore, staff puts  forward for
          Council's consideration  that the City advise  the Liquor Control
          and  Licensing  Branch of  support for  a  change to  allow small
          sidewalk cafes without railings to serve alcoholic beverages with
          food.  This  will also  allow large sidewalk  cafe operators  who
          serve  alcohol  to  continue their  full  operations  as a  small
          sidewalk cafe during the winter season. 

          The Chief Constable does not support this change.


     B.   Pub Patios on Sidewalks

          Current-Council  approved  guidelines  only  allow  food  service
          establishments to  have sidewalk  cafe permits.   Recently, there
          have been  requests from  establishments licensed to  sell liquor
          without food service.

          Due  to  concerns  regarding   noise  levels  and  the  increased
          possibility  of  rowdy  behaviour,  the  consumption  of  alcohol
          without  associated  dining has  not  been  seen  as a  desirable
          addition to  the streetscape  and therefore  City policy has  not
          permitted such seating on the sidewalk.

          These  possibilities  remain serious  concerns,  especially where
          commercial and  residential uses co-exist.  Staff have noted that
          most  noise  complaints  are  directed  at  establishments  that,
          although licensed as  restaurants, have operations  that resemble
          "pubs."

          Therefore,   it  is  recommended   that  sidewalk   cafes  remain
          restricted   to  food   service   establishments   only.     This
          recommendation is supported by the Chief Constable.


     C.   Closing Times

          The Police have informed  us that they are called upon to resolve
          noise   complaints  which   generally  are   disruptive  to   the
          neighbourhood  without exceeding  the  proscribed  decibel  level
          necessary for enforcement by the Health Department.  In the past,
          imposing closing  hours based on residential  complaints has been
          the only method of regulating noise levels in sidewalk cafes.



          When complaints indicate that a closing time needs to be imposed,
          an  appropriate time  is  set  for  all  sidewalk  cafes  in  the
          immediate   vicinity.     This   has  been   necessary  only   in
          neighbourhoods that have  mixed commercial and residential  uses.
          For  instance, closing hours  of 11 pm Sunday  to Thursday and 12
          midnight on Friday and Saturday are in effect for the  Yew Street
          area sidewalk cafes.

          Imposing closing  times on  a complaint basis  allows flexibility
          and ensures that limitations are not imposed where no problem has
          been identified by the neighbouring community.

          However, imposing restrictions on  only select sidewalk cafes can
          create  resentment   and  charges   that  staff  is   forcing  an
          establishment to be less competitive.   There seems to be a trend
          towards later openings and  there is some feeling that  mandatory
          closing   hours  restrict  business   unnecessarily.    Selective
          restrictions  are also  more  difficult for  LCLB inspectors  and
          Police to enforce.

          One   proactive  solution,   which   would   reduce   significant
          competitive differences,  the onus on residents  to complain, and
          enforcement difficulties, would be  to mandate base closing hours
          of 11:00 p.m. for all sidewalk cafes that are within  200 feet of
          residential development.

          In the Large Sidewalk Cafe survey, many responded that this was a
          "neighbourly" hour and would also satisfy their customers.

          It  should  be  noted  that Health  Department  staff  originally
          suggested a  10:00 p.m.  closing to forestall  further conflicts,
          while the Chief Constable suggested 10:00 p.m. Sunday to Thursday
          and midnight Friday and  Saturday.  However, staff agree  that an
          11:00 p.m.  closing each day would be satisfactory, provided that
          earlier  hours are  individually  set where  necessary, and  that
          closing times appear on  the permit for the sidewalk cafe.  Staff
          recommends this option for Council's approval.

     D.   Sidewalk Cafe Structures

          All sidewalk  cafes  in the  "Large  Sidewalk Cafe"  program  are
          required  to have a demarcation  that separates the sidewalk cafe
          from pedestrians.  Currently, decking  or any raised structure is
          permitted only where there is  a significant difference in  grade
          (slope) in the  sidewalk from one part of  the sidewalk cafe area
          to another.



          Many  sidewalk  cafe  operators  have requested  (and  some  have
          installed, without  approval) decking  for other reasons.   These
          vary from physical reasons (e.g.  to harmonize indoor and outdoor
          seating levels) to aesthetic or economic reasons (e.g. to attract
          increased  public attention to the restaurant).  In the survey of
          sidewalk cafe  operators, 84% responded  that they would  like to
          install decking at their own discretion.

          The  presence of a deck alters the  relation of the sidewalk cafe
          to  the sidewalk and pedestrians.  If the only separation between
          pedestrians and  patrons is  an open  railing, the sidewalk  cafe
          seems to be  an integral part of  the streetscape.  If  a deck is
          present or  if  the railing  structure  is visually  closed,  the
          sidewalk cafe seems  removed from the sidewalk.   If the  deck is
          raised  significantly,  then  the  restaurant  patrons  can  seem
          imposing  to  pedestrians.    This  detracts  from  the  ambience
          originally intended for the Sidewalk Cafe program.

          It has  also been noted by  staff that once a  structure has been
          erected, it is difficult to achieve its removal.

          Therefore, it is recommended that the guidelines be extended only
          to allow  decking to harmonize indoor and  outdoor seating levels
          (not more than 2  feet above the sidewalk level),  in addition to
          decking  for grade  levelling  purposes, and  not  for any  other
          purpose.


     STAFFING LEVELS

     On February  3, 1994,  Council approved  a six  months temporary EA  I
     position for implementation of the new program.  The program has grown
     approximately 80% since that time.

     The large  sidewalk  cafe  program has  grown  by 20%  and  the  small
     sidewalk cafe program has increased by 50% (to 62 cafes) in its second
     year of operation  (1995).  If these programs are  to run effectively,
     it is necessary  to bring new  cafes into  the program, assure  timely
     approvals for new applicants, and ensure that Council's guidelines are
     followed.  This requires the 6 month EA I position annually.

     Due  to  the  continuing growth  in  this  and  other street  activity
     programs,  staffing  levels should  be  rationalized  by linking  this
     position to the 6 month temporary EA I position in the Produce Display
     program, which has been approved annually since 1988.  This  creates a
     permanent  EA I position at  a salary of  approximately $27,200, which
     will be recovered through sidewalk cafe and produce display revenues.

     Sidewalk  Cafe  fees  were  restructured  on  February 3,  1994;  this
     restructuring,  plus growth  in the  program led  to an  increase from
     $59,400 (1993) to $91,800 (1994).  Revenues for 1995 are estimated  to
     rise  to   $125,000.     The  Produce   Display  program   revenue  is
     approximately $30,000 annually.

                             *   *   *   *   *


           ----------------------------------------------------------

                                                                APPENDIX A 


                                 GUIDELINES FOR
                             SIDEWALK CAFES (SMALL)


     * Changes from previous guidelines are underlined.



     Each approved sidewalk cafe shall:

      1.  directly  abut the restaurant so patrons and servers do not cross
          the flow of sidewalk pedestrian traffic.

      2.  be adjacent to the restaurant's property (frontage or flankage).

      3.  have  minimum sidewalk  width  of 3.0  m  (10 ft.)  or  a minimum
          sidewalk   width  of  3.7  m  (12  ft.)  if  there  are  curbside
          obstructions, e.g., lamp standards, signs, etc.

      4.  have a mandatory  closing hour of  11:00 p.m. if  they are in  or
          within 200 feet of areas that have residential uses.
      
      5.  not block access to Fire Department connections or exits from the
          adjacent building.

      6.  carry insurance satisfactory to the Director of Risk Management.

      7.  have no more than  3 tables, which may be a  maximum of 20" wide,
          with  2 seats  per table  placed flush  against the  building and
          taken in when closed; no umbrellas are permitted.

      8.  not serve liquor.  (REMOVE)

      9.  have  a valid  business  license as  a  restaurant or  a  limited
          service food establishment.

     10.  pay  an annual permit  fee of $200.00,  $50.00 of which  is to be
          paid upon application and is non-refundable.




     PLEASE NOTE:   Inspections of  the  site may  be  carried out  by  the
                    Engineering  Department before,  after, and  during the
                    sidewalk cafe  operations.  However, the  City is under
                    no  obligation to  perform such  inspections  and these
                    inspections in  no way  relieve the applicant  from the
                    obligation  to comply  with  these  guidelines and  the
                    terms of the Sidewalk Cafe Permit.



                        ---------------------------------



                                 GUIDELINES FOR
                             SIDEWALK CAFES (LARGE)


     * Changes from previous guidelines are underlined.



     The guidelines for sidewalk cafe design are quite general to encourage
     a variety of looks by restaurant owners.  Each approved sidewalk  cafe
     shall:


      1.  directly  abut the restaurant so patrons and servers do not cross
          the flow of sidewalk pedestrian traffic.

      2.  be adjacent to the restaurant's property (frontage or flankage).

      3.  leave sufficient unobstructed sidewalk  width for the comfortable
          passage of  pedestrians.  This will be a minimum of 2.5 m (8 ft.)
          in most  commercial areas, and  up to 3.7 m  (12 ft.) or  more in
          areas  of high pedestrian volumes such as near intersections.  To
          maintain the spacious  heritage nature  of Yaletown a  3.0 m  (10
          ft.) width will be maintained.

      4.  have a  mandatory closing hour  of 11:00 p.m.  if they are  in or
          within 200 feet of areas that have residential uses.

      5.  not block access to Fire Department connections or exits from the
          adjacent building.

      6.  carry insurance satisfactory to the Director of Risk Management.

      7.  be  marked off  by means  of planters  or railings  that  have an
          'OPEN' appearance.  Bollard and chain fencing is not permitted as
          it poses a hazard to  pedestrians with a visual disability.   The
          maximum height allowed is 1 metre (40") and the minimum  is .75 m
          (30").  The use of plants is encouraged.

      8.  be constructed so  that it  can be completely  removed within  24
          hours  if required.  Platforms and  structures are permitted only
          to level a  significant grade  difference in the  sidewalk or  to
          harmonize indoor and outdoor seating levels.

      9.  have  some covering for the  general seating area.   Umbrellas or
          canopies may  be used; however, if  a canopy is used,  it may NOT
          use supports which rest  on City street allowance; umbrellas  may
          not be attached to railings.

     10.  not be installed  earlier than March 1st and must be removed from
          the City street allowance by October 31st each year; 3 tables and
          up  to 6  seats can be  used year  round, in  accordance with the
          guidelines for small sidewalk cafes.

     11.  have  a valid  business  license as  a  restaurant or  a  limited
          service food establishment.

     12.  obtain  a liquor license  extension if liquor is  to be served in
          the sidewalk cafe.

     13.  enter into a license agreement with the City.

     14.  pay  an annual permit fee  based on location  and square footage,
          $100 of  which  is  to  be paid  upon  application  and  is  non-
          refundable (semi-annual  payment allowed  due March 1st  and July
          1st).

     PLEASE NOTE: Inspections  of  the  site  may  be carried  out  by  the
                  Engineering  Department  before, after,  and  during  the
                  sidewalk  cafe operations.  However, the City is under no
                  obligation  to   perform  such   inspections  and   these
                  inspections  in no  way relieve  the  applicant from  the
                  obligation to comply with these  guidelines and the terms
                  of the Sidewalk Cafe Permit.



                                *   *   *   *   *



               ---------------------------------------------------





                                                                APPENDIX B 

                                CITY OF VANCOUVER




                               M E M O R A N D U M

     From:  Maria Kinsella, City Clerk            Date:  4th February, 1994

                                                  Refer File:  2635        

     To:  Ken Dobell, City Manager
          Dave Rudberg, City Engineer
          Victoria Garland, Director of Housing & Properties
          Ken Stoke, Director of Finance
          Jack Perri, Director of Permits & Licenses
          John Mulberry, Director of Legal Services


     Subject:     SIDEWALK CAFES - PROPOSED CHANGES
                  TO ADMINISTRATION AND GUIDELINES
                                                                    

     Please  be advised that on February 3, 1994, City Council approved the
     following recommendations  of the  City Services &  Budgets Committee,
     with regard to the above matter:


         A. THAT the  City  Engineer expand  the sidewalk  cafe program  to
            permit small cafes, without railings, on a year-round basis.

         B. THAT  program  administration  be  streamlined  with  the  City
            Engineer  assuming  responsibility  to  administer  the  permit
            charges for all approved sidewalk cafes.

         C. THAT  a revised  fee schedule, as  shown on  Appendix B  of the
            Policy  Report dated  December  31, 1993,  be approved.    This
            includes the option  of a semi-annual  payment and  a 1/2  year
            option at 1/2 fee (min. $200.00).

         D. THAT  the  revised  Sidewalk  Cafe   Guidelines,  contained  in
            Appendix A of  the Policy Report  dated December  31, 1993,  be
            approved, with the  following amendment:  small  sidewalk cafes
            be allowed  to have  a maximum of  three tables and  six seats,

            where the restaurant's frontage allows.

         E. THAT a  temporary full-time  EA 1  position be  approved for  6
            months  in 1994  with  a  review prior  to  1995 to  assist  in
            administering the  Sidewalk Cafe program  at a cost of  $15,800
            to be recovered through increased revenue from the program.

         F. THAT the  City  Engineer  meet with  community-minded  sidewalk
            cafe operators  to explore  the possibility  of their  assuming
            responsibility for sidewalk  litter generated by  their patrons
            by:

            - purchasing City litter containers, and
            - arranging for pick up and disposal of the litter.






                                   CITY CLERK



              -----------------------------------------------------


                                                                APPENDIX C 


                              SIDEWALK CAFE SURVEY

                         -   25 Responses (21%)
                         -  120 Mailed



     SERVICE FROM CITY STAFF

     1.  How can City staff improve our service to you?

                                  CITY SERVICE


         Good Service                  6

         Other Comments:  Needs improvement
                          Sidewalk cleaning
                          Restrict  program to  restaurants not  Limit food
                          service
                          Shorten processing time
                          Allow year-round
                          Departments should focus on their own concerns
                          One  Department  should  deal  with  all  outside
                          issues

         No Response      13


     TIME OF YEAR RESTRICTIONS

     The following questions  ask you  how you would  like to  use
     your  sidewalk cafe  area  if year-round  use was  permitted.
     Currently, the full sidewalk cafe is permitted from March 1st
     to October 31st, after which all structures and railings must
     be removed from the sidewalk, and only 3  tables and 6 chairs

     are allowed.

                                                      Yes   No

     2.  Would you like to keep your sidewalk cafe
         fully operational (for all twelve months?)    21    4

     3.  If so,  how will you make the sidewalk cafe attractive to
         customers during the cold and rainy months of the year?


                     SUGGESTED WINTER IMPROVEMENTS

                   Method               No. of Respondents

                   Heaters                   12
                   Awnings                    6
                   Flowers                    6
                   Enclosure                  4
                   Decor                      4
                   Umbrellas                  3
                   Drapes                     1
                   Trees                      1
                   Clean and Dry              1


     4.   If not, would you prefer to:

                                                           Yes  No
          a)  leave the sidewalk cafe railings and/or
              decks set up for all twelve months and
              operate fully only during (part of) the
              current base period (Mar. - Nov.)?            3    1

          b)  operate also whenever it was sunny between
              November and March?                           4    0

          c)  operate also on weekends for the colder
              months?                                       3    1

          d)  store sidewalk cafe furniture in this space
              during months when the cafe is not in use.?   2    2

          e)  remove everything between October 31st and
              March 1st?                                    0    4



     HOURS OF OPERATION


     Sometimes the needs of neighbours and customers differ;   the
     operator and the City must consider both.

     5.   What  hours   of  operation   do  you   think  would   be
     neighbourly?
              From_______ to________ Sun. - Thurs.;
              from_______ to________ Fri. - Sat.


     6.   What hours of operation would your customers prefer?
              From_______ to________ Sun. - Thurs.;
              from_______ to________ Fri. - Sat.

                        SUGGESTED CLOSING TIMES

                           No. of Respondents

                         Neighbourly        Customers Prefer

        Hours       Sun. -  Fri. -  Sun. -  Fri. -
                    Thurs.  Sat.    Thurs.  Sat.

         9:00 p.m.
        10:00 p.m.  11      3       7       1
        11:00 p.m.   6      7       1       3
        12 Midnight  3      7       8       8
         1:00 a.m.   2      4       5       5
         2:00 a.m.   0      1       0       4
         3:00 a.m.   1      1       1       1
         Later       0      0       1       1


     LIQUOR RESTRICTIONS
                                                       Yes   No
     7.  Would you be interested in serving liquor
         in the sidewalk cafe?                          10    4

     8.  Would you like to be able to serve liquor
         without being required to install a railing?    4   16


     PERMIT FEES
                                                       Yes  No
     9. Would you like decking to be permitted:

        a) only to compensate for a slope in the
           sidewalk?                                     5  11

        b) also to compensate for a difference
           between the floor level of the restaurant
           inside and the sidewalk level outside?       12   7

        c) also to compensate for a badly cracked
           sidewalk surface?                            13   6

        d) at the operator's discretion, provided that
           the installation meets City guidelines?      21   4


     CAFE DESIGN - DECKING
                                                       Yes  No
     10.   Should cafe operators who wish to have
           full-time use of the sidewalk pay a
           different rate than those who vacate
           the sidewalk for part of the year?           13  12

     11.   What charge would be appropriate for
           year-round use?
                                                                  

                             WINTER CHARGES

                                       No. of
               Suggested Charge        Respondents

                 Current Charge
                 (No Extra Charge)           5
                 Current Charge Plus 50%     7

                 Other                       3
                 No Response                 7


                                                  Yes  No
     12.   Should operators pay market rate for the
           square footage of the sidewalk cafe?     5  19



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