Any person who violates or fails to comply with section 4-7-2 or section 4-7-31 of this article shall be guilty of a misdemeanor and upon conviction shall be punishable by fine not exceeding five hundred dollars ($500.00), as provided in section 12-23 of the Texas Penal Code. Each day any violation of this article continues shall constitute a separate offense.
(Ordinance 94-74, sec. 1, adopted 9/27/94; 1957 Code, sec. 16-22)
The following special conditions shall apply:
(1) 
The permittee shall provide trash containers, approved by the director of public works or his designee, for the proposed use. (The trash containers need not be city trash containers.)
(2) 
The food service on the sidewalk shall be restricted to providing tables, chairs and service to food customers and not preparation of the food.
(3) 
The permitted area must be set back a sufficient distance to provide at least sixty (60) inches of unobstructed sidewalk on a level grade for the passage of pedestrians. Vertical clearance shall extend to a height of eight (8) feet above the sidewalk. Under special conditions, and by the adoption of other special safety measures, the director of public works may approve a variance from this requirement, provided the request complies with all applicable regulations, including the Americans with Disabilities Act.
(4) 
The permittee shall place a temporary railing, approved by the director of public works or his designee, to mark the permitted area.
(5) 
The permittee shall display a copy of the permit on the site of the food service.
(6) 
The permittee shall keep the sidewalk clean and free of any food or other debris at all times.
(7) 
The permittee shall restrict services, tables, chairs and other property to the permitted area described by the approved site plan.
(8) 
The permittee shall remove all tables, chairs and other property from the sidewalk when the business is not open.
(Ordinance 94-74, sec. 1, adopted 9/27/94; 1957 Code, sec. 16-19)
The permit shall include the following conditions:
(1) 
The director of public works may terminate the permit on thirty (30) days’ written notice if the sidewalk area is needed for right-of-way or other public purposes.
(2) 
The city shall always have access to such sidewalk area for purposes of maintenance or to make any necessary repairs or modifications.
(3) 
The permittee shall indemnify and hold harmless the city from any liability arising out of the use of the permitted area, so long as the permit is in effect.
(4) 
While the permit is in effect, the permittee shall obtain commercial general liability insurance with at least three hundred thousand dollars ($300,000.00) per occurrence for bodily injury, three hundred thousand dollars ($300,000.00) in the aggregate for bodily injury, and fifty thousand dollars ($50,000.00) per occurrence for property damage. The city shall be named as an additional insured and the policy must contain an endorsement to the effect that the issuer waives any claim or right in the nature of subrogation to recover against the city, its officers, agents or employees. A certificate evidencing such coverage shall be submitted to the director of public works prior to issuance of the permit.
(Ordinance 94-74, sec. 1, adopted 9/27/94; 1957 Code, sec. 16-20)
It shall be unlawful for any person to engage in the business of selling food at a fixed location on a sidewalk located on public right-of-way in the city without having obtained a current permit therefor as hereinafter provided.
(Ordinance 94-74, sec. 1, adopted 9/27/94; 1957 Code, sec. 16-15)
Applicants for a sidewalk food service permit under this article, who must be the owner or lessee of the adjacent property, shall make a sworn application to the director of public works upon forms to be furnished by the billing and collection office of the city. Each application shall give the following information:
(1) 
Full name of the applicant and any independent contractor or agent working under the permit;
(2) 
Permanent home address and business address of the applicant and any agent or independent contractor working under the permit;
(3) 
A brief description of the food services to be provided;
(4) 
A site plan to be drawn by the applicant, which shows the boundaries of the location to be used by the applicant and to be made the basis of the permit, the front door of the business and the location of all tables, chairs and other furniture and equipment;
(5) 
Proposed duration and hours for sales operation;
(6) 
A copy of the applicant’s state limited sales and use tax permit;
(7) 
A copy of any required health permits.
(Ordinance 94-74, sec. 1, adopted 9/27/94; 1957 Code, sec. 16-16)
Each application shall be accompanied with payment of a processing fee of twenty-five dollars ($25.00). There shall also be charged a fee of fifty dollars ($50.00) for the required investigation of the sale’s location by the department of public works. No more than one (1) investigation charge shall be made for any one (1) location. These fees shall be applied to the expenses incurred in processing the application and enforcing this article. The permit may be renewed on an annual basis upon payment of a renewal fee of ten dollars ($10.00) and upon receipt of all required certificates of insurance, provided that the permit is not subject to revocation for one of the reasons stated in this article.
(Ordinance 94-74, sec. 1, adopted 9/27/94; 1957 Code, sec. 16-17)
Any application for a sidewalk food service permit shall be referred to the director of public works, or his designee, who shall approve or deny the permit within sixty (60) days based on the following reasons, which may also be a basis for revocation:
(1) 
Any misrepresentation or false statement contained in the application for the permit;
(2) 
Failure to comply with any federal, state, or city law, including the provisions of this article, on two (2) or more occasions within a period of six (6) months;
(3) 
Conviction of any crime on two (2) or more occasions, within a period of six (6) months, by the applicant or agents, constituting a breach of the peace or a violation of any city ordinance or state law, when the incident constituting the basis of such crime occurred during the course of providing sidewalk food services at the permitted location;
(4) 
Failure to maintain all required health permits.
(Ordinance 94-74, sec. 1, adopted 9/27/94; 1957 Code, sec. 16-18)
Upon the denial or revocation of a sidewalk food service permit, the director of public works, or designee, shall notify, in writing, the applicant or permittee, of the reason for such denial or revocation. The applicant or permittee shall have a right of appeal to the city council upon the denial or revocation of the permit.
(Ordinance 94-74, sec. 1, adopted 9/27/94; 1957 Code, sec. 16-21)
In the event that there is a need to modify or amend the permit prior to its expiration, the permittee may submit a written request to the director of public works or his designee, who may approve the modification or amendment in writing, provided the amendment or modification does not conflict with the requirements of this article.
(Ordinance 94-74, sec. 1, adopted 9/27/94; 1957 Code, sec. 16-22.1)