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)