A.
The City Clerk shall review and consider outdoor dining applications
for food establishments on the Primary and Secondary Commons. No establishment
shall be permitted to use City property for outdoor dining purposes
without an approved permit in place. Applications shall include the
following documentation:
(1)
Certificate of general liability insurance in an amount to be determined
based upon the nature of the event, but in no case shall it be less
than $1,000,000; it must also name the City of Townsville as an additional
insured.
(2)
Proof of worker's compensation insurance.
(3)
If alcohol is to be served, additional liquor liability insurance
is required in an amount to be determined, but in no case shall it
be less than $1,000,000. It must name the City of Townsville as an
additional Insured.
(4)
Sketch of area, with dimensions. Show storefront, curb, dining area
and other important items (e.g., trees, fire hydrants, etc.).
(5)
A use fee shall be submitted with the completed outdoor dining application
and required paperwork.
B.
Rules of operation.
(1)
The dining area shall be adjacent to the business holding the agreement.
On the Primary Commons, the area may not extend out from the building
more than seven feet. The dining area shall not impede pedestrian
traffic flow, and shall not extend beyond the agreement holder's storefront.
(2)
The dining area shall be physically defined. Establishments serving
alcohol require approval from Common Council through the City Clerk's
office.
(3)
The business owner shall be completely responsible for all aspects
of the area, including cleanliness, trash, and stain removal.
(4)
The outdoor dining season shall be from April 1 to March 31. Outdoor
dining furniture may not impede the City's efforts to remove debris,
or snow and ice accumulations from the Commons.
(5)
Outdoor dining applications must be submitted and approved annually.
(6)
Furniture and fixtures, signs, and means used to define the dining
area will be allowed only during the approved dining hours and within
the sidewalk markings provided by the City. Permittees shall be held
responsible for the actions of their staff and customers.
(7)
The area used is subject to periodic review by City staff.
(8)
Any permittee who violates § 157-21B(6) regarding the placement of outdoor dining furniture and fixtures shall receive a written warning for the first violation. The permittee shall be liable for a civil penalty of $250 for the second violation in a twelve-month period, $500 for the third violation in a twelve-month period, and $1,000 for the fourth and subsequent violations in a twelve-month period. In lieu of a $1,000 fine, the permittee may agree to a temporary permit revocation of seven consecutive days within the month the violation is served.
(9)
The City reserves the right to require a security deposit if the site is not maintained free of trash, litter, grease and stains. The business owner is responsible for removal of stains or drippings in accordance with the guidelines for stain removal established by this chapter. See also § 157-18A, Maintenance guidelines.
(10)
The City may terminate this agreement at any time without cause,
in which case the applicant shall be reimbursed for the period of
time which would be remaining on the agreement if the agreement were
not terminated before expiration.
(11)
The City may terminate this agreement for the following causes,
including but not limited to:
(12)
If the agreement is terminated for cause, the agreement period
shall end immediately, and no refunds will be issued. Notice of proposed
suspension or revocation of an agreement for outdoor dining shall
be given in writing, setting forth specifically the grounds of the
complaint. The applicant shall have a right to a hearing in front
of the Commons Advisory Board on the proposed revocation or suspension.
(13)
The Commons Advisory Board shall have the right to terminate
or reinstate the agreement. Such decision shall become effective immediately.
(14)
Any applicant whose agreement is revoked under this regulation
may not reapply for another agreement until the expiration of one
year from the date of revocation.
(15)
The applicant shall not discriminate against any employee, applicant
for employment, subcontractor, supplier of materials or services,
or program participant because of actual or perceived age, creed,
color, disability, ethnicity, familial status, gender, height, immigration
or citizenship status, marital status, national origin, race, religion,
sexual orientation, socioeconomic status, or weight.
C.
The City Clerk shall be authorized to issue permits to the Downtown
Townsville Alliance for placement of tables and chairs for dining
and leisure purposes on the primary and secondary Commons during the
warm weather season.
D.
Appeals for denied agreements. Any person or group that has been
denied an agreement for outdoor dining on the Townsville Commons may
appeal such decision to the Commons Advisory Board. Such appeal shall
be submitted in writing to the City Clerk's office within 10 days
from the date of denial. The Commons Advisory Board may act to sustain
the original decision or to revise it, with or without conditions.
