City of Kimberley Council has deferred a decision on a change in the sidewalk café and street patio bylaw.
City staff is the midst of updating all of Kimberley’s bylaws, some of which haven’t been updated in many years.
Last year the City added a one time application fee and an annual fee for outdoor cafés.
Now the staff recommendation is that businesses that display wares on the sidewalk outside their businesses should also be paying a fee.
“That the Sidewalk Café and Street Patio Policy be amended to include sidewalk use by businesses for a wares area with an initial application fee of $100, an annual renewal fee of $50 and an annual license fee of $5/sq. m. for 2016, to be increased to $10/sq. .m for 2017.”
A staff report summarized the issue.
Recently, Council amended the Sidewalk Café and Street Patio Policy to increase the fees. As a result, staff sent the revised policy to businesses in the Platzl, who utilize the sidewalk in the Platzl for patios. One of the businesses indicated that they felt they did not fall within the definition of a restaurant/patio, and as such was not willing to sign the agreement or pay the fees.
As a result, staff reviewed the businesses that store items on the Platzl as part of their business and determined that all retail businesses who utilize the sidewalk in the Platzl should enter into a license agreement with the City, as required for patios. This is especially important as some items placed on the Platzl by businesses present a possible trip/other hazard which could expose the City to liability, as the items are stored on City lands. The License Agreement requires the business to name the City as an additional insured under a policy of insurance, thereby ensuring that the City would be protected in the event of an injury on the Platzl caused by items set out by businesses.
However, Council decided to defer a decision on the matter until Mayor Don McCormick and CAO Scott Sommerville have an opportunity to discuss it with the Chamber of Commerce.