[§ 1, Ord. 450]
For the purposes of this chapter, certain words and phrases
used herein are defined as follows:
(a) OUTDOOR RESTAURANT – Shall mean any public eating place which
provides facilities for or permits the consumption of food products
or beverages on any portion of the premises not within a fully enclosed
building.
(b) FULLY ENCLOSED BUILDING – Shall mean a permanently located
structure having a roof and four walls, all of which conform to the
Uniform Building Code of the County.
[§ 2, Ord. 450]
The Council hereby finds as follows:
(a) That outdoor restaurants exist in the City in close proximity to
residences of inhabitants of the City;
(b) That restaurants which provide facilities for or permit the consumption
of food or beverages outdoors attract large numbers of people who
congregate and loiter about the premises;
(c) That the operation of outdoor restaurants in the nighttime hours
has contributed to numerous and repeated instances of the disturbance
of the peace and quiet of the vicinity in which they are located and
the creation of public nuisances;
(d) That the public health, safety, and general welfare require that
outdoor restaurants be regulated by the City; and
(e) That the regulations prescribed by this chapter are necessary and
appropriate for the promotion of the public health, safety, and general
welfare and are the least burdensome and most reasonable which can
be devised to accomplish the end desired.
[§ 3, Ord. 450]
No person shall operate, or cause to be operated, or participate
in the operation of any outdoor restaurant between the hours of 11:00
p.m. and 6:00 a.m. of the next succeeding day and between the hours
of midnight on Friday and Saturday and 6:00 a.m. of the next succeeding
day without a permit from the Council to do so. No person, having
obtained such permit, shall operate an outdoor restaurant between
11:00 p.m. and 6:00 a.m. of the next succeeding day and between the
hours of midnight on Friday and Saturday and 6:00 a.m. of the next
succeeding day while such permit is suspended or after such permit
has been revoked.
[§ 4, Ord. 450]
The permit required by §
6-5.03 of this chapter shall be in addition to all other requirements of the City applicable to food establishments and vendors, and nothing contained in this chapter shall be construed to relieve any applicant from fully complying therewith.
[§ 5, Ord. 450]
Permits issued pursuant to the provisions of this chapter shall
continue in full force and effect until the 31st day of December of
the year in which such permit is issued unless suspended or revoked
prior to such date.
[§ 6, Ord. 450]
Permits issued pursuant to the provisions of this chapter shall
not be assignable to any other person.
[§ 7, Ord. 450]
The application for a permit required by the provisions of this
chapter shall be made and signed by the person intending to operate
an outdoor restaurant and shall be filed with the City Clerk and contain
the following information:
(a) The name and address of the applicant;
(b) The name and address of the person by whom the applicant is employed,
if any;
(c) The name and address of the owner or, in the event more than one
natural person is financially interested in the proposed outdoor restaurant,
the names and addresses of all owners, partners, officers, and directors
of the applicant;
(d) A personal description of the applicant;
(e) The nature of the business for which the permit is requested; and
(f) The proposed hours of operation.
[§ 8, Ord. 450]
Upon receipt of an application for the permit required by the
provisions of this chapter from an applicant not then holding a valid
permit for the operation of an outdoor restaurant, the Council shall
cause the Chief of Police to make an investigation of the applicant,
the neighborhood and vicinity where such outdoor restaurant is, or
is proposed to be, located, and the past and anticipated characteristics
of the intended use of the premises involved. Within 30 days after
receipt of such application the Council shall issue the permit if
it finds:
(a) That the application is complete and proper in form and that all
statements therein are true and correct;
(b) That the proposed outdoor restaurant will create no apparent danger
to the health and safety of the neighborhood or the City;
(c) That the conducting of the proposed outdoor restaurant at the location
and during the hours applied for will not result in disturbing the
peace and quiet of the neighborhood or vicinity in which such restaurant
is located; and
(d) That the intended use of the premises for which the permit is sought
will not conflict with any laws of the State or City.
[§ 9, Ord. 450]
If the Council finds that one or more of the requirements set forth in §
6-5.08 of this chapter will not be satisfied in the operation of the proposed outdoor restaurant, it shall refuse to issue the permit; provided, however, the Council may issue the permit upon the imposition of reasonable conditions which shall appear on the face of such permit and which conditions, if complied with by the applicant, will bring the proposed operation into compliance with all the requirements set forth in §
6-5.08 of this chapter.
[§ 10, Ord. 450]
Upon receipt of an application for the renewal of the permit
required by the provisions of this chapter prior to the expiration
thereof by a person then holding a valid permit which has not been
suspended or revoked, the City Clerk shall issue a renewal permit
for the ensuing year to the permittee named therein upon the same
conditions, if any, appearing on the permit to be renewed without
referring the matter to the Council. The duty enjoined upon the City
Clerk by the provisions of this section shall be a ministerial duty
to reissue permits which have not been revoked or suspended and which
have not expired. Any application for the renewal of such permit following
the expiration thereof shall be treated as an original application
for a new permit.
[§ 11, Ord. 450]
Whenever any permit shall be issued by the Council or City Clerk pursuant to the provisions of this chapter, such permit may be revoked at any time thereafter by the Council. The Council may revoke or suspend a permit at any time the Council becomes satisfied that the conduct of such business does or will in any manner endanger the public welfare, or that such business has been conducted in an illegal, improper, or disorderly manner, or that the requirements set forth in §
6-5.08 of this chapter are not being satisfied in the operation of the outdoor restaurant. The Council may revoke or suspend permits issued for any outdoor restaurant where the proprietor or the person in charge thereof violates or permits any infraction of any law of the State or any of the provisions of this chapter. No permit for any outdoor restaurant shall be revoked or permanently suspended by the Council unless the permittee shall be adjudged guilty of a misdemeanor pursuant to the provisions of this chapter or unless at least 10 days' written notice of a public hearing thereon, setting forth the reasons for the public hearing, shall be first given the permittee; provided, however, any such permit may be temporarily suspended without such notice of a hearing by the Council.
[§ II, Ord. 160]
No owner or employee of any restaurant, lunch counter, dining
room, eating house, soda fountain, ice cream parlor, candy store,
curio store, drugstore, cigar stand, or any other business operated
and conducted within the City shall serve any person who demands service
from any public street, highway, or sidewalk while such person is
standing on or occupying any public street, highway, or sidewalk in
the City.