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Donnelly's Pub appeal denied; council directs staff to pause removal and update sidewalk-cafe policy
Summary
Owner Josh Emerfall asked the council to allow his longstanding sidewalk cafe to remain despite a landlord's refusal to sign an easement; council voted to deny the current permit application but directed staff to pause the July 20 removal deadline and return with policy revisions so the owner can reapply.
The Iowa City Council on July 14 denied an appeal from Donnelly’s Pub to overturn staff’s decision rejecting a sidewalk-cafe permit because the building owner would not sign the required easement agreement. Owner Josh Emerfall told the council his business has operated on the Ped Mall since 2018 and that the current landlord has refused to sign without explanation.
"There's really no reason at all," Emerfall said, urging the council either to approve his application or allow him to keep operating while the city updates its sidewalk-cafe policy. He said his cafe meets pedestrian-access rules, is insured, holds a security deposit for removal and has not created safety problems.
City attorney Eric Goers described the policy requirement that the easement agreement be between the city and the cafe operator with the retail-space owner's approval. Staff said Donnelly's application was denied because staff could not obtain the building owner’s sign-off.
Councilors debated whether to preserve a tenant’s ability to operate longstanding cafes without an owner signature, and discussed distinctions staff should consider when returning with a policy revision—specifically whether cafes attached to a building, those using planters, or those that physically alter building structures should be treated differently. Councilors asked staff to consider a larger removal deposit, options for nonremoval of planters, and mechanisms that would not force businesses into prolonged civil litigation with landlords.
The council voted 6–0 to adopt the resolution before it denying the current permit application, but simultaneously directed staff to hold off on enforcing the removal deadline set for July 20 and to return at the council’s August 4 meeting with recommended policy changes that would allow the owner to reapply immediately upon adoption. Staff said issuance of the eventual permit would occur at the staff level once the revised policy is in place.
Emerfall said he would prefer using policy language that allows operators meeting specific criteria to continue without annual landlord sign-off, while permitting building owners to raise legitimate safety or access concerns. Councilors emphasized the goal of balancing downtown vibrancy with safety and property-owner rights.
Next steps: staff will draft policy changes (including reviewing deposit amounts and criteria differentiating planters vs. attached structures) and present recommendations on Aug. 4; the council paused enforcement of the July 20 removal order pending that action.
