[Ord. 1265-2018, 10-1-2018]
The City of Tahlequah recognizes that our business community is continually seeking ways to improve the environment for commerce and wishes to help this process by responding to requests for new and innovative ways to improve their businesses.
[Ord. 1265-2018, 10-1-2018]
A person or a business who has applied for an outdoor parklet license and shall be responsible for providing the required application information. Furthermore, the licensee shall ensure that construction and maintenance of the outdoor parklet is performed in accordance with this chapter.
A space within a City right-of-way, excluding sidewalk areas, that is to be utilized to maintain movable outdoor furniture and will provide space for the consumption of food or beverage. A sidewalk extension that provides more space and amenities for people using the street. Usually parklets are installed on on-street parking spaces and may use several parking spaces. Parklets typically extend out from the sidewalk at the level of the sidewalk to the width of the adjacent parking space. The parklet premises will be defined as a space no less than one space and no greater than three parking spaces boarded or protected by a removable barrier that can be of a nature approved by the City. At least part of the parking spaces proposed by an applicant to be utilized as an outdoor parklet shall be adjacent to the applicant's property.
Any apparatus or building material affixed to the public right-of-way, which is determined by the City to have a damaging or lasting impact on the future use of the public right-of-way.
[Ord. 1265-2018, 10-1-2018]
Outdoor parklets shall be governed by the provisions of this chapter, and sidewalk areas shall be governed by part 14, Chapter 2, "Use And Obstruction Of Streets And Sidewalks," of this Code.
[Ord. 1265-2018, 10-1-2018]
No person shall establish or utilize an outdoor parklet without first having obtained a license from the City. Such license shall be an outdoor parklet license as described in this chapter.
Any person or business desiring to utilize the street right-of-way shall be required to hold both an occupation license and outdoor parklet license. The City Administrator or his designee may designate the duration of the outdoor parklet license and any dates or times on which the license is not valid.
[Ord. 1265-2018, 10-1-2018]
A.Â
Application: Application for an outdoor parklet license shall be in writing to the Director of Planning and Development. The application shall include the following information:
1.Â
The address adjacent to the parking spaces or descriptive location of the proposed spaces;
2.Â
The size of the space or parking space(s) intending to be used or maintained along with a sketch of the same to include all dimensions of the outdoor parklet area, fencing, lighting, ingress and egress;
3.Â
Description or photo of street furniture to be used;
4.Â
Description of the food and drinks to be offered for sale;
5.Â
Number of patrons proposed to be accommodated;
6.Â
The purpose for which it is to be used and how the extended premises will be supervised and maintained;
7.Â
A written plan detailing the measures which the applicant expects to take to ensure compliance with the conditions established hereby for an outdoor parklet license;
8.Â
A statement by applicant that said applicant will, in consideration of being issued a license for the use of surface space, agree to hold harmless the City and the officers and employees of the City for any loss or damage arising out of the use; and
9.Â
Such other information as the Director of Planning and Development shall require.
B.Â
Insurance Requirements: Insurance requirements are as follows:
1.Â
Each applicant shall furnish proof of insurance evidencing commercial general liability insurance with limits of not less than $1,000,000 per occurrence, $1,000,000 in the aggregate combined single limit, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30 days' prior written notice to be given to the Director of Planning and Development if coverage is substantially changed, canceled or non-renewed.
2.Â
The City of Tahlequah shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operations of an outdoor parklet; and the licensee shall indemnify, defend and hold the City harmless from and against any and all losses, costs, damages or expenses to persons or property including property of the City, arising out of or claimed to have arisen out of such use. Furthermore, all users shall defend, at no cost to the City, any such claims or suits, provided that the City may, at its sole option, join in the defense of such claim or suit without relieving the user from any of its promises or obligations under this section.
3.Â
If alcoholic beverages will be served at the outdoor parklet, the applicant shall provide proof of liquor liability insurance.
4.Â
Each licensee shall maintain the insurance coverage required under this section for the duration of the license. The proof of insurance shall be presented to the Director of Planning and Development or their designee prior to the issuance of a license. Failure of the licensee to maintain the insurance shall result in the revocation of the outdoor parklet license.
C.Â
Fees and License Duration: The annual fee for an outdoor parklet license shall be as set forth in Chapter 1-3, Fees. A license shall be valid from January 1 of a given year to December 31 of the year in which it was issued. Applications for an outdoor parklet license may be submitted on or after January 1 of the calendar year in which the license is to be granted. In the event two or more applications for the same right-of-way space are received simultaneously, a determination will be made by the City which application results in the most appropriate use of the right-of-way.
[Amended 4-5-2021 by Ord. No. 1320-2021]
D.Â
Application Review: The Director of Planning and Development shall be entitled to seek the opinion and advice of the City Engineer, Public Works Director, Police Chief, Fire Chief or any other City official in his review of an application. Additionally, the review by a private consultant may be required in order to ensure a complete and accurate review of the design is safe and constructed properly, and these costs shall be paid by the applicant.
[Ord. 1265-2018, 10-1-2018]
A.
Sale of Alcohol: If alcohol is to be served in an outdoor parklet, the appropriate and requisite alcohol license must be acquired prior to the issuance of an outdoor parklet license. The serving of alcohol in conjunction with an outdoor parklet license shall be governed by the rules and regulations established in part 3 of this Code and in the event of any conflict with outdoor sales, the provisions of this chapter related to an outdoor sales areas shall prevail. Additionally, all sales and use of alcohol shall be in accordance of Oklahoma State Statute 37A Section 1-101 et seq., Oklahoma Alcoholic Beverage Control Act, which supersedes this chapter in the event of any conflict.
B.
Transfer; Personal Privilege: The license may not be transferred or assigned. The license shall be construed as a privilege granted to the licensee and shall not create any vested rights to renewal or continuation.
C.
Termination; Revocation; Suspension:
1.
In the event of cessation of business by the licensee at the licensed address for more than 15 consecutive days, the license granted hereunder shall automatically terminate. Unless revoked or terminated, the license shall remain valid indefinitely if all required fees are properly and timely paid to the City.
2.
The City Administrator may alter, revoke, or suspend the license if:
a.
The licensee violates any provision of the license agreement or this Code;
b.
The City Administrator in his or her judgment concludes that it would be necessary or convenient for the City to perform any work in the licensed area of the public property or right-of-way; or to reclaim that area for pedestrian or other public use; or
c.
The use of the licensed area causes public disruption.
3.
If any such licensed area is not vacated and such use not discontinued by the time specified, the City may remove from such area any property left thereon at the risk and expense of the licensee.
D.
Consent to License Agreements: The City Administrator or his designee is empowered to enter into license agreements giving the consent of the City to use City right-of-way for outdoor parklets. The minimum requirements for an agreement are as follows:
1.
The licensee shall properly supervise and maintain the property in a clean, orderly, and safe condition and in such a manner as to protect the public health and safety. All tables, chairs, umbrellas, and any other objects provided with an outdoor parklet shall be maintained with a clean and attractive appearance and shall be in good repair at all times.
2.
The licensee shall use positive action to assure that its use of the street right-of-way in no way interferes with traffic, any adjacent parking spaces being utilized as such, or limits the free, unobstructed passage of pedestrians.
3.
The licensee shall prevent the accumulation, blowing and scattering of trash, garbage, or any other such debris caused or permitted by the licensee's use of the property or by any person's use of the property during the time periods of said license. The licensee shall retrieve and properly dispose of any debris scattered onto adjacent property caused by any use of the property under the license, and, additionally, shall maintain its own trash containers upon the property for disposal of any debris.
4.
The licensee shall assure compliance with Pedestrian Minimum Clear Path Guidelines of the Americans With Disabilities Act of 1990, as amended.
5.
The licensee shall not restrict ingress and egress to the property during the time periods of such license except as needed as to comply with current liquor laws.
6.
The licensee shall be strictly responsible that no customer, employee, or other person be permitted to remove alcoholic liquor from the area designated in the outdoor parklet license. Compliance with all City liquor codes, rules and regulations and any and all conditions as determined by the City Administrator shall be observed.
7.
The hours of outdoor alcohol sales shall be limited so as to end at or prior to 11:00 p.m. and no smoking shall be allowed in the delineated area or within 15 feet thereof.
8.
Alcohol shall not be dispensed within the outdoor parklet area, and any alcohol consumed must be incidental to food service.
9.
The licensee shall not erect, attach, or affix any permanent fixture upon the public right-of-way.
10.
The licensee shall obtain a building permit from the City before the placement of any material, or performing any construction or alterations in the area of the outdoor parklet.
11.
The licensee shall remove all outdoor furniture from the property during any time period when the license for the property is not in effect. No furniture or any parts of the outdoor parklet shall be attached, chained, or in any manner affixed to any tree, post, signs, sidewalk, streetlight, fire hydrant, or other public fixture within or near the licensed area.
12.
The licensee shall not impede any maintenance activity conducted by the City or impair ingress or egress to the premises of any other person.
13.
The licensee shall not be permitted to use or operate any public address system, or similar device.
14.
The licensee shall be allowed to provide amplified or piped- in music within the licensed property during the hours of operation, but no earlier than 11:00 a.m. and no later than 11:00 p.m.
15.
No advertising shall be permitted on or in any outdoor parklet except a sandwich board portable sign. Such sign shall not be located in the traveled roadway or block pedestrian traffic and shall be moved indoors daily at the end of business hours. Such sign shall not exceed eight square feet in area and four feet in height. If applicable, a scale drawing of the sign shall be included as part of the license agreement.
16.
Should the licensee breach any section of the agreement, the City may perform such cleaning or removal as it considers in its best interests, and the licensee shall reimburse the City for the cost thereof.
[Ord. 1265-2018, 10-1-2018]
This chapter shall be effective 30 days after its passage by the City Council, its approval by the Mayor, and its publication as provided by law.
[Ord. 1265-2018, 10-1-2018]
It is the intent of the City Council of the City of Tahlequah to supplement applicable State and Federal law and not to duplicate or contradict such law. The provisions of this chapter are severable, and the invalidity of any provision of this chapter shall not affect other provisions of this chapter, which can be given effect without the invalid provision. All ordinances or parts of ordinances in conflict with this chapter are repealed insofar as they conflict.
