City of Biddeford, ME SIDEWALKS

[Ord. of 12-4-1991, § 20-7; Ord. of 3-7-1995; Ord. No. 2005.68, 8-2-2005; Ord. No. 2007.89, 9-4-2007; Ord. No. 2018.35, 5-1-2018]

(a)

No person engaged in the sale of goods, wares or merchandise shall deposit, pile, place or display for purposes of sale any such goods, wares or merchandise upon or above any public sidewalk, public space, or public way without first receiving a permit from the City Clerk's office. Permits shall be free of charge for use of space that is contiguous to a licensed establishment; and shall only be valid from May 1 to October 31 within any calendar year; and shall only be issued by the City Clerk's office for such displays within the MSRD-1 Zone, as depicted on the official Zoning Map of the City, once the Code Enforcement Office has determined that the performance standards in Subsection (c) are met.[1]

[1]

Editor's Note: The provisions on noncontiguous outside seating areas were removed from this subsection as they expired on 11-1-2018.

(b)

Notwithstanding any other provision herein, in order to sponsor a more leisurely and pleasant commercial atmosphere in the downtown area, the City Clerk's office may issue permits for the setting of tables and chairs associated with established restaurants or other holders of valid City Council issued victualer licenses in the MSRD-1 Zone, as depicted on the official Zoning Map of the City, upon or above any public sidewalk, public space, or public way. Such permits shall be free of charge for use of space that is contiguous to a licensed establishment; and shall only be valid from May 1 to October 31 within any calendar year, and shall only be issued once the Code Enforcement Office has determined that the performance standards in Subsection (c) are met.[2]

[2]

Editor's Note: The provisions on noncontiguous outside seating areas were removed from this subsection as they expired on 11-1-2018.

(c)

Performance standards:

(1)

Except where Subsection (c)(4) below applies, the following standards must be maintained:

The goods, wares, other merchandise, tables, and chairs are located in front of the specific establishment;

Are portable;

Are removed from the sidewalk at the end of the specific operating hours of the establishment;

That an adequate pedestrian travelway, such travelway being at least 48 inches between the outside edge of the goods, wares, other merchandise, tables and chairs, any required barriers, and the outer edge of the curb, is maintained; and

That there is no hindrance or hazard to pedestrian safety or movement, or the opening of vehicle doors.

(2)

There are adequate provisions to collect and remove any and all waste or litter associated with or resulting from the use or display of said goods, wares, other merchandise, tables and chairs so that there is no accumulation of wastes and litter on said sidewalk.

(3)

The City Council may permit the service to, and the consumption of alcoholic beverages by, a patron of a restaurant that has been licensed by the state for the sale and consumption of alcoholic beverages, and that the licensed area has been extended to include part of the sidewalk or other public way. When a license has been so approved and issued, all of the conditions under Subsections (1) and (2) above shall be adhered to. Additionally, the licensee shall comply with the provisions under 28-A M.R.S.A. § 1051(3), which limits the service and consumption of liquor to areas that are clearly defined and approved in the application process by the bureau of alcoholic beverages as appropriate for the consumption of liquor. Outside areas must be controlled by barriers and by signs prohibiting consumption beyond the barriers.

(4)

(Reserved)[3]

[3]

Editor's Note: Former Subsection (c)(4), which set forth provisions on noncontiguous outside seating areas, was removed from the Code as they expired on 11-1-2018.

(5)

The Code Enforcement Office shall enforce these provisions and shall take actions to correct any problems that result from the issuance of permits under this section. Such action shall include revocation of any permit issued under these provisions.

For the purposes of this section, "restaurant" shall have the following definition: Any public place kept, used maintained, advertised, and held out to the public as a place where meals are served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests. Provided further that no restaurant licensed as such shall sell alcoholic beverages later than one hour after the time food service has ended or 11:00 p.m., whichever is earlier.