[§ 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on Friday and Saturday and 6:00 a.m. of the next succeeding day while such permit is suspended or after such permit has been revoked.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.
[§ 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.