Unless the particular provisions or the context requires otherwise,
the definitions and provisions contained in this section shall govern
the construction, meaning and application of words and phrases used
in this article.
Any area situated on a public sidewalk where food, refreshments, or beverages are sold by a restaurant, as defined in Article I of this chapter, for public consumption at tables or counters located on the sidewalk fronting the restaurant. Sidewalk cafes shall operate only as authorized under this article.
No person shall construct, maintain, use, or operate a sidewalk
cafe without first obtaining a permit as provided in this article.
A restaurant interested in obtaining a permit to construct,
maintain, use, or operate a sidewalk cafe shall file a written application
with the City Manager on a form to be furnished by the City Manager.
The applicant shall submit the requisite permit fee with the application,
as hereinafter provided, and shall, in addition, furnish the following
information:
A.
The type of ownership of the restaurant, i.e., whether individual,
partnership, corporation, or otherwise.
B.
The business address and all telephone numbers of the restaurant.
C.
The name, address, and telephone number of each officer and each
director, as well as each stockholder holding more than 10% of the
stock of the corporation, if the applicant is a corporation, and of
each partner, including limited partners, if the applicant is a partnership,
and of each member, if the applicant is a limited liability company,
and of the manager or other person principally in charge of the operation
of the restaurant.
D.
A written declaration by the applicant, under penalty of perjury,
that the information contained in the application is true and correct,
with said declaration being duly dated, signed, and notarized.
E.
A sketch to scale showing the sidewalk area to be occupied. The sketch
must identify all tables and chairs (and any other furniture or appurtenances)
as they will be placed in the sidewalk cafe area. The sketch must
include the entire area from the face of the building to curb and
identify any light poles, parking meters, and other improvements.
The area which will be used by servers as they approach and serve
the tables should be shaded or cross-hatched. The doorway into the
restaurant must also be identified.
[Amended 5-14-2018]
The permit fee for a sidewalk cafe shall be as approved by the
Mayor and City Council and indicated in the fee schedules maintained
by the City of Lewes.
Any permit issued pursuant to this article shall be subject
to suspension or revocation by the City Manager for violation of any
provision of this article or for any grounds that would warrant the
denial of such permit in the first place. The City Manager, upon revocation
or suspension of a permit issued pursuant to this article, shall state
his reasons in writing, specifying the particular grounds for such
revocation or suspension.
No sidewalk cafe permit shall be transferable, separable, or
divisible.
A.
A sidewalk cafe shall be located on the public sidewalk in front
of the restaurant. 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.
B.
A sidewalk cafe must leave a minimum six-foot unobstructed passageway
for pedestrians along the length of the sidewalk cafe. This minimum
clear path of travel is measured from the outside edge of the sidewalk
cafe area to the nearest obstruction (i.e., tree pit, parking meter,
bike rack, or planting strip). For restaurants adjacent to sidewalks
less than 10 feet wide at the location of the proposed sidewalk cafe,
the City Manager, for good cause shown, may reduce the required unobstructed
passageway to not less than that required by the Americans with Disabilities
Act,[1] its successors, or other applicable law.
[1]
Editor's Note: See 42 U.S.C. 12101 et seq.
C.
The holder of a sidewalk cafe permit shall fully insure, indemnify,
defend, and hold harmless the City and the City's officers, elected
officials, agents, and employees 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 agents, employees, or representatives
in the construction, operation, maintenance, use, placement or condition
of the sidewalk cafe. An applicant for a sidewalk cafe permit shall
provide proof of such insurance and indemnification agreement before
a permit may be issued or renewed under this article.
D.
A sidewalk cafe shall close no later than 11:00 p.m. each night.
The sidewalk cafe area shall be cleared of all furniture, debris,
and obstructions no later than 11:59 p.m. each night.
E.
All furniture in the sidewalk cafe area shall be readily moveable
and shall be stored indoors when not in use, and during severe weather
events. No permanent structures or improvements shall be installed
in the sidewalk cafe area.
F.
A restaurant shall not sell, serve, or allow consumption of alcoholic
beverages on a sidewalk cafe authorized pursuant to this article without
first obtaining all necessary approvals from the State of Delaware
Office of Alcoholic Beverage Control Commissioner. A restaurant shall
not sell, serve, or allow consumption of alcoholic beverages on its
sidewalk cafe after the sidewalk cafe's closing time.
H.
A clear path of travel must be maintained from any building exit,
equal in width to the exit door. This path of travel must be free
of obstructions, including gates of any type, and must further connect
the building exit to the sidewalk.
Any person, firm, or corporation violating any of the provisions
of this article shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $50 nor more than
$200 for each offense and shall pay the costs of prosecution, including
the City's reasonable attorneys fees. For the purposes of this article,
a separate offense shall be deemed to be committed on each day during
or on which a violation occurs or continues.
