[Amended 12-6-2021 by Ord. No. 2021-22]
A.
License required. Public sidewalks or other areas within public rights-of-way:
Business establishments may make application to the Town Council for
an annual license or a temporary day or week license, to use public
sidewalks or other areas within a public right-of-way abutting their
establishments for outside dining or sales.
B.
Application required. Outside dining or sales areas within private
property: Business establishments may make application to the Town
Manager, subject to review by the Zoning Enforcement Officer, Police
Chief and Fire Chief, for an annual permit to utilize space on their
premises for outside dining or sales.
[Amended 12-4-2023 by Ord. No. 2023-12]
C.
Each application shall contain:
(1)
The name, address and owner of the business making application.
(2)
The name, address and owner of the real estate wherein the business
is located.
(3)
For a license to use a public sidewalk or public right-of-way,
the applicant shall:
(a)
Provide a line drawing or plot plan showing which locates exits
and entrances, sidewalks and curbs, parking areas, landscaping, lighting
and the placement of tables, chairs, litter barrels, awnings, outdoor
heaters and screening materials.
(b)
Furnish proof of liability insurance from a company licensed
to do business in the state and in a form satisfactory to the Town
Solicitor, of no less than $1,000,000 protecting the Town for all
claims and causes of action for personal injury or property damage
resulting from use of this license.
(c)
In addition, the applicant shall obtain and file with the application
a covering letter of approval from the Chief of Police.
D.
Displays of merchandise for sale. Any person displaying merchandise
for sale on any public right-of-way or public sidewalk is subject
to the following provisions:
(1)
A merchant shall be allowed to display goods, wares and merchandise
on the sidewalk in front of a retail store in the following manner:
(a)
No more than 50% of the linear feet in front of the store shall
be used for display purposes.
(b)
The display area shall be no more than 36 inches from the outside
wall of the retail store.
(c)
The goods, wares or merchandise in the display area shall not
exceed a height of six feet.
(d)
Any retail store located on or at an intersection of two or
more streets shall not display any goods, wares, or merchandise in
such a manner that will obstruct the vision of any operator of a motor
vehicle, pedestrian, or bicycle on or approaching said intersection.
(e)
Regardless of any other conditions, a thirty-six-inch public
right-of-way shall be maintained at all times on public sidewalks
and thoroughfares.
(f)
All display merchandise on a sidewalk must be removed during
such times as commercial promotional events or public celebrations
are to take place in an area where a license holder conducts their
business.
E.
Outside dining. Requirements for outside dining are as follows:
(1)
Regardless of any other conditions, a thirty-six-inch public
right-of-way shall be maintained at all times on public sidewalks
or sidewalks located on private property.
(2)
Outdoor seating or display shall not block handicapped or pedestrian
access.
(3)
Outdoor sidewalk seating areas shall be distinguished from parking
areas by solid, uninterrupted concrete or granite curbs and landscaping
which physically separates the outdoor seating area from parking.
(4)
Outdoor seating areas utilizing parking spaces or other areas
within a commercial property shall be within an area with barriers
that provide adequate protection from passing vehicles, subject to
approval by the Zoning Official and Police Chief.
(5)
The outdoor seating area shall be screened from parking, sidewalks
and/or street by a landscaping strip, plants or fencing at three feet
to six feet in height. All such screening materials must be secured
so as not to create a hazard.
(6)
There shall be at least one parking space for each four seats
beyond the parking spaces required for the indoor seating.
(7)
There shall be at least one readily visible container for litter
and one readily visible container for recycling for each approved
outside dining area.
F.
Use of outdoor seating areas. The following requirements and restrictions
shall apply to the use of all outdoor seating areas:
(1)
Employees will clear tables and monitor adjacent areas for litter
on a regular schedule.
(2)
Hours of operation will be limited to the periods from 9:00
a.m. until 10:00 p.m., Monday through Saturday, and from 11:00 a.m.
until 10:00 p.m. on Sunday.
(3)
All lighting shall be focused directly onto the seating area
and away from abutting properties.
(4)
No music or entertainment, live or transmitted, shall be permitted,
unless required permits are approved by the Town Council.
G.
Additional rules and restrictions.
(1)
All tables, chairs, racks and merchandise must be removed from
public sidewalks or rights of way whenever the business is closed.
(2)
Absolutely no alcoholic beverages are to be served on public
sidewalks at any time.
(3)
The entire sidewalk area in front of a business establishment
shall be kept at all times neat, clean and with debris immediately
removed so as not to cause a hazard or annoyance to pedestrians.
H.
Revocation of license and penalty for violations. Any infraction
of this section will be grounds for immediate revocation of this license
or outside business activity permit. For such cause and subject to
later review by the Town Council, the Town Administrator may revoke
or modify any sidewalk license or outside business activity permit
at any time. In addition, the Town Council may at any time revoke
or modify a sidewalk license without cause. Individuals or businesses
found in violation of the provisions of this section are also subject
to a fine not to exceed $50 for the first offense, a fine not to exceed
$100 for the second and subsequent offenses in addition to any other
fine assessed pursuant to this Code.
