[Ord. No. 1608 §1, 5-7-2002]
This Article shall be known and may be cited as the Sidewalk
Cafe': Standards and Procedures Ordinance.
[Ord. No. 1608 §1, 5-7-2002]
For the purpose of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A public or private pedestrian walkway with permanent surfacing.
An outdoor eating place on a public or private sidewalk where
patrons may consume food and/or beverages provided by a food service
establishment. Such establishments may either provide table service
in the outdoor dining areas or sell take-out items to be consumed
in the outdoor eating place. A sidewalk cafe does not include a City
authorized Farmers Market or City sponsored event.
[Ord. No. 2306 §1, 7-1-2014; Ord.
No. 2410 § 5, 3-21-2017]
[Ord. No. 1608 §1, 5-7-2002]
This Article is intended to supplement and not to supplant any
existing laws, ordinances or regulations.
[Ord. No. 1608 §1, 5-7-2002]
It shall be the duty of the licensee to maintain quiet and good
order upon the premises of a sidewalk cafe', and not permit disorderly
or immoral conduct or loitering. The licensee shall not cause or create
any noise or other nuisance in the outdoor area where the quiet and
good order of the premises or the neighborhood are disturbed. No outdoor
speakers or music shall be allowed.
No patron on the premises of a sidewalk cafe' shall needlessly
make or cause to be made any loud or unseemly noise, nuisance or disturbance
whereby the quiet and good order of the premises or the neighborhood
is disturbed.
[Ord. No. 1608 §1, 5-7-2002]
At least once every twenty-four (24) hours the licensee shall
dispose of waste materials which tend to create a public nuisance
on the premises. The licensee shall keep the premises whereon the
sidewalk is located free from waste material and shall provide the
sidewalk cafe' with appropriate refuse containers. The sidewalk
cafe' shall be kept clean and free of debris at all times.
No patron shall place, throw or deposit any case, bottle, paper,
waste material or refuse upon the outside premises of any sidewalk
cafe' or in the vicinity of same except in adequate receptacles
provided for that purpose nor shall the licensee permit such conduct.
[Ord. No. 1608 §1, 5-7-2002]
The sale of food, alcohol, beverages or other products from
a window or other opening in the building connected to the sidewalk
cafe' shall not be permitted unless such window or opening is
approved by the Board of Aldermen.
[Ord. No. 1608 §1, 5-7-2002]
Serving hours shall be no longer than permitted by law except
the Board of Aldermen may impose reasonable restrictions based on
neighborhood conditions.
[Ord. No. 1608 §1, 5-7-2002]
A sidewalk cafe' operated after dark shall be adequately
illuminated by electric lights; but such illumination shall be so
arranged and shielded by the licensee so as to reflect away from any
adjoining property and streets.
[Ord. No. 1608 §1, 5-7-2002]
Restaurants in commercial or planned commercial districts may
provide a sidewalk cafe', contiguous to their restaurant facility,
under the following additional conditions:
(1)
No permanent structures or paving are installed.
(2)
Outdoor tables, chairs, furniture and decorative items shall be of
uniform design and shall be removed from public property November
first (1st) through March thirty-first (31st).
(3)
Restaurant service equipment shall not be permitted outdoors.
(4)
An unobstructed pedestrian walkway shall be maintained on the public
sidewalk between the tables, umbrellas and the vehicle traffic way.
(5)
The seating shall not obstruct any entry or exit way of the building
or adjacent buildings.
(6)
Adequate parking shall exist for the increased restaurant use. A
determination of inadequate parking shall be grounds for denial of
the permit.
(7)
Other allowable uses. A sidewalk cafe' may
incorporate potted street plants or street furniture, provided that
the required pedestrian path is maintained in the area.
(8)
Other Conditions. Any other conditions or provisions
regarding public safety or health as determined by the Board of Aldermen.
[Ord. No. 1608 §1, 5-7-2002]
No person shall construct, operate or maintain a sidewalk cafe'
within the City without first obtaining a sidewalk cafe' license
as hereinafter provided by the Board of Aldermen.
[Ord. No. 1608 §1, 5-7-2002]
Applications for licenses required by this Article shall be
made upon blank forms prepared and made available by the Board of
Aldermen and shall state:
(1)
The name, home address and proposed business address of the applicant.
For a sidewalk cafe' to be located on a private sidewalk, the
property owner's signature shall be required.
(2)
The number of patrons which the proposed sidewalk cafe' is designed
to accommodate.
(3)
The proposed hours of operation.
(4)
Such other reasonable information as the Board of Aldermen shall
find reasonably necessary to effectuate the purpose of this Article
and to arrive at a fair determination of compliance with the terms
of this Article.
[Ord. No. 1608 §1, 5-7-2002; Ord. No. 2306 §2, 7-1-2014]
Every application for a license required by this Article shall
be accompanied by a plat or drawing showing the sidewalk in relation
to the business, street lights, planters, curbing, on-street parking
or any other public appurtenances, and the proposed location of any
tables and chairs.
[Ord. No. 1608 §1, 5-7-2002]
There shall be no application or permit fee for a sidewalk cafe'.
[Ord. No. 1608 §1, 5-7-2002]
At the time of application, the following shall be required
for a sidewalk cafe' to be located on a public sidewalk:
(1)
Indemnification. Prior to the issuance of any permit,
the applicant shall execute and deliver to the City upon a form supplied
by the City an agreement in writing and acknowledged by the applicant
forever to defend, indemnify and hold harmless the City and its employees
and agents from any and all claims, actions or damages of every kind
and description which may accrue to, or be suffered by, any persons
by reason of or related to the operation of a sidewalk cafe'
located on a public sidewalk. In addition, such agreement shall contain
a provision that the permit is wholly of a temporary nature and that
it vests no permanent right whatsoever.
(2)
Liability insurance required. The permit applicant
shall obtain and maintain in force comprehensive general liability,
broad form property damage and blanket contractual liability insurance
in a combined single limit amount, per claim and aggregate, of at
least one million dollars ($1,000,000.00) covering the permit applicant's
operations on the sidewalk. Such insurance shall name, on a special
endorsement form, the City, its elected and appointed boards, officers,
agents and employees as additional insureds. A certificate of insurance
shall contain provisions that prohibit cancellations, modifications
or lapse without thirty (30) days' prior written notice to the
City.
[Ord. No. 1608 §1, 5-7-2002]
The Board of Aldermen may issue or refuse to issue a license
under the provisions of this Article after examining and considering:
(1)
Any danger to the health, morals and safety of the people of the
City.
(2)
The reputation of the applicant, his officers or agents, if any,
and their ability to operate the sidewalk cafe' in a manner consistent
with the maintenance and preservation of good order, public health,
safety, good morals and welfare.
(3)
The effect upon the peace and quiet of the neighborhood of conducting
a sidewalk cafe' at the location designated between the hours
for which a license is required.
(4)
The insurance companies or sureties utilized by this licensee in
complying with the provisions of this Article.
(5)
Whether the requirements of this Article and all other governing
laws and ordinances have been met.
[Ord. No. 1608 §1, 5-7-2002]
In addition to any other reason specified in any other ordinance
of the City, a license issued under the provisions of this Article
may be revoked or suspended by the Board of Aldermen when the Board
of Aldermen finds that:
[Ord. No. 1608 §1, 5-7-2002]
Amusement parks of one hundred (100) acres or more are exempt
from the requirements of this Article as they pertain to location
of sidewalk cafe's on private sidewalks.
