[Adopted 12-7-2009 by Ord. No. 331]
As used in this article, the following terms shall have the
meanings indicated:
Any area situated on a public sidewalk where food, refreshments,
and alcoholic beverages are sold by a restaurant, delicatessen, ice
cream shop, or coffee shop (hereinafter "operating establishments")
for public consumption at tables or counters located on the public
sidewalk fronting the operating establishment.
A physical object located within a public sidewalk. Examples
of street fixtures are streetlights, trees, and any surrounding landscaped
area, planters, benches, signs, and parking meters.
Any proposed physical object located within the sidewalk
cafe area within a public sidewalk. Examples of street furniture may
be, but are not limited to, tables, chairs, umbrellas, umbrella stands,
covered trash receptacles, hostess podiums, counters, and waiter/waitress
stations.
Sidewalk cafes shall operate only as authorized pursuant to this article. The provisions of this article shall apply to sidewalk cafes even if the adjacent street is temporarily closed. This article does not apply to food and beverage concessions permitted by the Town in conjunction with festivals and other public events. The provisions of § 62-6 of the Town Code pertaining to the consumption of alcoholic beverages in public places shall not apply to sidewalk cafes which are authorized by this article.
A.
An application for a sidewalk cafe permit shall be made to the Town
Clerk on forms provided by the Town Clerk. The application shall include
a scale plan and scale drawing depicting the sidewalk abutting the
business and only extend to the side property lines, the location
of all street fixtures, proposed tables, chairs, and any other proposed
street furniture. The application shall include the sizes of all proposed
tables, chairs, and any other proposed street furniture. The application
shall be made by the operating establishment only. The application
shall include proof of the required insurance. It shall note the start
date for coverage, time period of coverage, and the date of renewal.
B.
A sidewalk cafe permit shall be valid for one year from July 1 in
each year until the following June 30. The holder of the permit shall
pay an annual fee as established by resolution of the Commissioners
of Ridgely. The annual fee shall be paid with the original permit
application and with any request for renewal of the permit. Until
such time as a separate fee is established by the Commissioners of
Ridgely, the annual fee shall be $50. The permit is nontransferable.
C.
A sidewalk cafe permit shall specify the location and sizes of tables,
chairs, and any other street furniture, and other conditions consistent
with this article to protect the public health, safety, and welfare.
D.
The permit application shall be reviewed and approved by the Zoning
Administrator and the Town Engineer. Review and consultation with
the Chief of Police, Town of Ridgely Fire Chief, and State Fire Marshall
may be required by the Town Engineer or the Zoning Administrator.
The Commissioners of Ridgely, Chief of Police, and Planning Commission
shall be notified of the approved application.
A.
No part of a sidewalk cafe area shall encroach upon any part of the
sidewalk frontage of any adjacent premises, right-of-way, or alley.
The Zoning Administrator, Town Engineer, and Planning Commission may
approve, at their discretion, and with a minimum one-year written
agreement with adjacent property owners, for use of the adjacent sidewalk
frontage of their properties. This agreement must be renewed with
adjacent property owners at the time of every sidewalk cafe permit
renewal. This part of the permit may be denied or withdrawn at the
Town's discretion at any time. If part of this permit is denied
or withdrawn, then a new revised application and permit fee must be
submitted.
B.
A sidewalk cafe must leave a minimum of five-foot-wide and eight-foot-high
clear unobstructed passageway for pedestrians along the length of
the cafe. The passageway shall be measured from the outer edge of
the chair or table in use to the inner edge of any street fixture
on the sidewalk in front of the operating establishment. For operating
establishments adjacent to sidewalks less than 10 feet wide at the
location of the proposed sidewalk cafe, the Zoning Administrator,
with the consent of the Town Engineer, may reduce the obstructed passageway
to not less than that required by federal, state or county law or
regulation or four feet in width, whichever is greater. The eight-foot
height shall not be reduced. Street furniture, such as but not limited
to, umbrellas, must have a minimum eight-foot clear height beneath
at the lowest point. A three-foot clear width shall be maintained
from the backside of the street curb and any tables, chairs, and any
other proposed street furniture and/or street fixtures.
C.
A sidewalk cafe shall comply with all building, health, safety, fire,
zoning, and environmental standards applicable to such uses.
D.
All cafe staff and employees shall immediately give right-of-way
passage to citizens within the public passageway area and shall not
disturb the flow of such traffic.
E.
All proposed furniture must weigh enough or be secured in such a
way as to protect the public from damage or injury due to natural
conditions, such as, but not limited to, wind. Any secured items shall
not, in any way, require attachment or fastening to any public or
neighboring property or properties or any street fixtures.
The setup of any proposed street furniture may start 1/2 hour before the opening of business hours. Service may not start until the opening of business hours. Prior to and at regular intervals during operation, the sidewalk cafe area must be cleared of all garbage and debris. Any garbage or debris resulting from the sidewalk cafe on adjacent properties is subject to penalties pursuant to Chapter 150 of the Town Code. Service at a sidewalk cafe shall end by 11:00 p.m. The cafe area shall be cleared of all furniture, debris, garbage, and obstructions to the sidewalk no later than midnight.
An operating establishment shall not sell, serve, or allow consumption
of alcoholic beverages on its sidewalk cafe without obtaining the
required license from the County Alcoholic Beverage Control Board.
Alcoholic beverages shall be served on the sidewalk cafe only in conjunction
with the service of food. Notwithstanding any contrary or different
hours of operation in its alcoholic beverage license, an operating
establishment shall not sell, serve, or allow consumption of alcoholic
beverages in its sidewalk cafe after the sidewalk cafe's closing
time.
Except as explicitly stated in the permit, all sidewalk cafe
furniture shall be readily movable and shall be stored indoors when
not in use. No permanent structures or improvements shall be installed
on any sidewalk or other public property.
The holder of a sidewalk cafe permit shall fully insure, indemnify,
defend, and hold the Commissioners of Ridgely and, in their capacity
as such, the officers, agents, and employees thereof harmless from
and against any and all claims and damages in any way arising out
of or through the acts or omissions of the permit holder or its employees
in the construction, operation, maintenance, use, placement, or condition
of the sidewalk cafe. An applicant for a sidewalk cafe shall provide
proof of such insurance before a permit may be issued or renewed under
this article.
The following are prohibited in the cafe area: cooking of food;
unshielded trash or refuse storage; advertisements (exclusive of menus
intended to be read from the cafe); outdoor entertainment, music speakers,
or public address systems; and exclusively carry-out transactions.
The provisions of this article shall be enforced by the Town's
code enforcement officials. A person who continues to violate this
article after written request to take corrective action is guilty
of a municipal infraction and is subject to a fine as established
by resolution of the Commissioners of Ridgely. Any legal and/or administrative
costs incurred by the Town of Ridgely or its employees associated
with this violation shall be borne by the owner of the property adjacent
to the sidewalk. In addition, the Town Commissioners may revoke or
suspend a permit issued pursuant to this article upon a second or
subsequent infraction under this section in any twelve-month period.
