[Ord. No. 21-101, 12-6-2021]
For the purposes of this Chapter, unless the context clearly
indicates otherwise, the following words, terms and phrases shall
have the meanings respectively ascribed to them in this Section:
A person making an application for a license.
The City Administrator of Ozark, or his/her designee.
Any individual, firm, partnership, joint venture, association,
cooperative.
A dining area situated within a designated and fixed location
upon a public sidewalk operated as an integral part of a registered
adjacent restaurant where food and beverages are served at tables
only.
The making of merchandise available for sale from any kind
of table, counter, pushcart, wagon or the like, on a designated and
fixed location upon a public sidewalk operated as an integral part
of a registered adjacent business where the same merchandise is sold.
[Ord. No. 21-101, 12-6-2021]
Licenses for sidewalk cafes and sidewalk sales shall be limited to the Core Overlay District, as defined in Chapter 405, due to the unique nature of the downtown area,
[Ord. No. 21-101, 12-6-2021]
A.
Sidewalk
Cafes. Sidewalk cafes shall only be open to the public during the
normal business hours of the adjacent associated restaurant.
B.
Sidewalk
Sales. Only during those hours in which the adjacent associated business
is open shall the display of any merchandise for sale exist on the
outside of the primary structure for a licensed sidewalk sale.
[Ord. No. 21-101, 12-6-2021]
The commercial uses permitted by this Chapter shall be conducted
so as to not obstruct vehicular or pedestrian traffic in an unsafe
or unreasonable manner. In no event shall the permitted commercial
uses reduce the unobstructed portion of the sidewalk to less than
five (5) feet in width.
[Ord. No. 21-101, 12-6-2021]
Any person making commercial use of a public sidewalk shall
do so in a reasonable manner with due regard for the health and safety
of persons and property. No person shall make any alteration to public
property which creates an unreasonable risk of harm to persons or
property. Persons making commercial use of public property at a designated
and fixed location shall owe a duty to the City and third persons
to maintain said property in a reasonably clean, safe, and sanitary
condition.
[Ord. No. 21-101, 12-6-2021]
A.
Outdoor
Cooking Prohibited. No cooking or food preparation shall be permitted
in a sidewalk cafe.
B.
Maintenance.
The licensee shall at all times maintain the sidewalk cafe in a clean,
safe, and sanitary condition. The licensee shall properly collect
and dispose of all litter, trash, and other waste materials associated
with the sidewalk cafe, including material in the adjacent public
right-of-way originating from the sidewalk cafe.
C.
Removal
Of Equipment. Upon the expiration or other termination of a sidewalk
cafe license, the licensee shall immediately remove all tables, chairs,
furnishings, equipment and other items of personal property from the
public sidewalk. Any such items remaining upon the sidewalk may be
removed and disposed of by the City at the sole cost and expense of
the licensee and the City may maintain an action at law to recover
the same.
D.
Alterations.
No person shall alter, damage, or deface any public sidewalk or other
public property. Under no circumstances shall any person permanently
attach anything to the City sidewalk, curb, or other infrastructure.
[Ord. No. 21-101, 12-6-2021]
A.
License
Required. It shall be unlawful for any person to conduct sidewalk
sales or operate a sidewalk cafe without first obtaining a written
license from the City Administrator.
B.
Annual
Renewal. All licenses issued pursuant to this Chapter shall be valid
for the calendar year, unless otherwise terminated or revoked pursuant
to the terms of this Chapter. All licenses shall be renewed annually.
C.
Adjacent
Business Required. A license to operate a sidewalk cafe or a sidewalk
sale shall only be issued to a person operating a duly registered,
licensed, and/or permitted restaurant or business, respectfully, upon
the property adjacent to the public sidewalk designated in the license
application.
D.
License
Non-Transferable. A license issued pursuant to this Chapter shall
not be transferable or assignable and may be revoked by the City upon
a twenty-four (24) hour notice for violation of the Municipal Code,
State, or Federal law, or upon the cessation of operation of the adjacent
business associated with the license. The license shall not confer
any property rights in the underlying right-of-way.
E.
Penalty. Any person operating a sidewalk cafe or conducting a sidewalk sale without a valid license issued pursuant to this Chapter, upon conviction shall be punished pursuant to Section 100.220. Nothing herein shall prevent the City from pursuing any civil remedy now available or hereafter available to the City.
[Ord. No. 21-101, 12-6-2021]
A.
No
person shall operate a sidewalk cafe or conduct sidewalk sales on
the City right-of-way without first obtaining a license from the City.
B.
Application
to operate a sidewalk sale or sidewalk cafe shall be made in writing
to the City Administrator and shall set forth the following information:
1.
The name, address, and telephone number of the applicant, which shall
be the same as the name of the adjacent business owner.
2.
An overall site plan showing the proposed location and dimension
of the sidewalk cafe or sidewalk sale in relation to the adjacent
street and sidewalk including that part of the sidewalk to remain
outside of the sidewalk cafe or sidewalk sale.
3.
A floor plan specifying the location of ingress, egress, tables,
decorations, furnishings, equipment, display racks, removable perimeter
barriers, the total square footage to be occupied by the sidewalk
cafe or sidewalk sale and, for the sidewalk cafe, the maximum seating
capacity.
4.
An operations plan specifying the proposed dates, days and hours
of operations of the sidewalk cafe, the hours of operation of the
adjacent business or restaurant, the number of wait staff, security
staff, and maintenance personnel and, for sidewalk cafes, a proposed
menu, including alcoholic beverages, if applicable.
5.
The carrier, policy number, coverage amounts, and policy periods
of the applicant's general liability policies and liquor liability,
if applicable.
6.
The registration or license number of the applicant's current business
or restaurant registration or license and, if applicable, the license
number of its City and State alcohol liquor license.
[Ord. No. 21-101, 12-6-2021]
The applicant shall submit a release and waiver of all claims
for damages against the City arising out of injuries which may be
incurred as a result of the use of the sidewalk by the applicant,
applicant's employees, and customers. The applicant shall agree to
defend, indemnify and save harmless the City from all claims for damages
arising out of or in connection with its use of the sidewalk.
[Ord. No. 21-101, 12-6-2021]
A.
In
addition to the waiver of liability required herein, the application
for a license shall have attached to it proof of liability insurance
in the amount of one million dollars ($1,000,000.00) for any injury
to any person, including death, arising out of one (1) incident, one
million dollars ($1,000,000.00) for any damage to property, and one
million dollars ($1,000,000.00) automobile liability insurance for
any injury to any person, including death, arising out of one (1)
incident. The City of Ozark shall be an additional named insured for
each of the above-referenced policies with right to notice of cancellation,
and the applicant shall execute a hold harmless agreement indemnifying
the City of Ozark. The insurance required by this Section shall be
occurrence-based and shall remain in effect for the life of the license.
B.
For
sidewalk sales and sidewalk cafes where alcohol will be provided or
sold, the applicant shall also be required to provide a liquor liability
insurance policy in the amount of one million dollars ($1,000,000.00)
for any injury to any person, including death, arising out of one
(1) incident and one million dollars ($1,000,000.00) for any damage
to property.
[Ord. No. 21-101, 12-6-2021]
To the extent practicable, the City Administrator shall determine
an application for a sidewalk sales license or a sidewalk cafe license
within thirty (30) business days of submittal. Licenses may be denied
on the basis of an incomplete or improper application, non-compliance
with applicable laws or ordinances, delinquency in any account or
debt owed to the City, inadequate safety precautions for public use
of the sidewalk, substantial conflict with the public use of the sidewalk
or adjacent street or some other reason having a proper basis in law.
The reasons for denial shall be made known to the applicant, in writing,
at the time of rejection.
[Ord. No. 21-101, 12-6-2021]
A.
The
fee for any license issued pursuant to this Chapter shall be as provided
in the schedule of fees set forth in the then-current Fee Study, on
file with the City Clerk and available upon request at City Hall.
B.
Payment
Of Fee. Fees shall be paid to the City at the time the application
for a license is made. No license shall be issued unless the entire
fee is paid.
[1]
Editor's Note: The fees associated with these licenses where
added to the 2022 Fee Study by Ord. No. 22-010, adopted on 2-22-2022.
[Ord. No. 21-101, 12-6-2021]
Nothing in this Chapter is intended to regulate or prohibit the use of sandwich board signs; for applicable regulations see Chapter 407.
[Ord. No. 21-101, 12-6-2021]
A.
A license
issued by the City Administrator pursuant to the terms of this Chapter
shall contain the following terms and conditions:
1.
The exact location of the proposed sidewalk sale.
2.
The dates and times the sidewalk sale or sidewalk cafe is permitted
to be open to the public.
3.
The maximum number of encroachment features such as tables, display
racks, etc., to be within the licensed area at one time.
4.
Waiver of liability and agreement to indemnify City.
5.
Other reasonable terms and conditions deemed necessary and proper
given the objectives of this Chapter.
[Ord. No. 21-101, 12-6-2021]
The City Administrator may revoke or suspend any license issued
hereunder for cause after affording the licensee reasonable notice
and an opportunity to be heard. If the City Administrator has an objectively
reasonable belief that the presence or operation of the sidewalk cafe
or sales constitutes clear and present risk to the public health and
safety, the City Administrator may revoke the license prior to hearing.
In such event a hearing shall be conducted within seven (7) business
days of revocation.
[Ord. No. 21-101, 12-6-2021]
Section 600.070(G) shall not apply to areas that are licensed as sidewalk cafes pursuant to this Section when the patron is consuming the alcohol within the licensed area for the sidewalk cafe.
