A.
The Superintendent 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 Ithaca as an additional
insured.
(2)
Proof of workers' compensation and disability 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 Ithaca 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
on the Commons.
(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
prior to outdoor dining furniture being placed on City property.
(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. Business
owners and their staff shall comply with requests from City staff
to move outdoor dining furniture to ensure pedestrian access and safety
on the sidewalk.
(8)
Any permittee who violates § 157-22B(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 fine of $1,000, the permittee may agree to a temporary permit revocation of seven consecutive days within the month the violation is served. Failure to comply, or continued violations, may result in the denial of future outdoor dining permit applications.
(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 the Department of Public Works. See also § 157-21, Cleaning and repairing.
(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 Board of Public Works on the proposed revocation or suspension.
(13)
The Superintendent of Public Works 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; domestic violence victim status; ethnicity; familial
status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight.
C.
The Department of Public Works shall be authorized to issue permits
to the Downtown Ithaca 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 Ithaca Commons may appeal
such decision to the Board of Public Works. Such appeal shall be submitted,
in writing, to the Superintendent's office within 10 days from the
date of denial. The Board of Public Works may act to sustain the original
decision or to revise it, with or without conditions.
