This article shall authorize the sale and consumption of beer
and wine (poured and served in clear plastic cups) in sidewalk areas
having a validly issued encroachment permit for the service of food
and beverages and limit the hours during which beer and wine may be
served and consumed in an encroachment area to the hours between 10:00
a.m. and 12:00 midnight.
The permit required by this article shall be issued only to
a permittee submitting a form and other information deemed appropriate.
The permit shall contain the following conditions:
A. Each permit
shall be subject to annual renewal, unless revoked, suspended or retracted
prior to expiration.
B. The permit
issued shall be personal to the permittee only and shall not be transferable
in any manner.
C. The permit
may be suspended by the Administrator when necessary to clear the
public property for public safety for a community or special event
authorized by a permit issued by the City.
D. The Administrator
may require the temporary removal of items within the encroachment
area when street, sidewalk, common area or utility repairs necessitate
such action.
E. The permit
shall be specifically limited to the area directly in front of a restaurant,
and the use shall not interfere, obstruct or hamper ease of movement
on the sidewalk. As a condition of approval, the City may reduce and
otherwise reconfigure the proposed area and the number of requested
chairs, tables and items within the encroachment area.
F. The encroachment
area covered by the permit shall be maintained in a neat and orderly
appearance at all times, and the area shall be cleared of all debris
on a periodic basis during the day, and again at the close of each
business day.
G. No advertising
is permitted on any stand or item.
H. No tables
or chairs or any other parts of the business shall be attached, chained
or in any manner affixed to any tree, post, sign or other fixtures,
curb or sidewalk within or near the permitted area in a manner which
causes or threatens to cause injury to any person or damage to public
or private properties. No additional outdoor seating authorized under
this article shall be used for calculating seating requirements pertaining
to the location of, application for issuance of an ABC license for
any establishment, or be used as the basis for computing required
seating for restaurants and dining rooms, or as grounds for claiming
exemption from such requirements under the provisions of any City
ordinance or state law.
I. The issuance
of a permit does not grant or imply vested rights to use of the area
by the permittee. The City retains the right to deny the issuance
of a permit or the renewal of a permit for any reason.
J. Tables,
chairs, umbrellas and any other objects provided shall be maintained
with a clean and attractive appearance and shall be kept safe and
in good repair at all times.
K. The City
retains the right to suspend the privilege of using glass containers
within the encroachment areas, and only the use of clear plastic cups
is allowed.
L. Any violation
of state and local laws will result in a revocation of this privilege.
Repeated offenses may result in revocation or denial of the encroachment
permit.
M. The service
and consumption of beer and wine on City sidewalks and public property
is authorized to the extent provided for in each individual permit
issued, but not otherwise.
N. The service
and consumption of food, nonalcoholic beverages and beer and wine
in sidewalk encroachments pursuant to this article is limited to patrons
seated at tables.
O. No encroachment
permit shall authorize either the service or consumption of beer and
wine between the hours of 12:00 midnight and 10:00 a.m.
P. The City
may require the posting or placement of the permit and relevant notices
to facilitate the administration and enforcement of this article.
Q. The restaurateur
who has a permit authorizing the sale and consumption of beer and
wine for on-premises consumption must furnish to the City of Walhalla,
at the time the encroachment permit is obtained, a policy of insurance
in the amount of $1,000,000 combined single limit bodily injury and
property damage liability, insuring the business establishment against
any hazard which might occur by reason of the sale of beer and wine
in sidewalk areas.
R. The restaurateur
must execute an agreement to hold the City of Walhalla harmless from
any litigation of any manner or form by reason of the sale of beer
or wine in sidewalk areas.
Any restaurateur who has a permit authorizing the sale and consumption
of beer and wine for on-premises consumption, and who wants to provide
such service in sidewalk areas having a validly issued encroachment
permit for the service of food and beverages, must furnish to the
City of Walhalla a policy of insurance in the amount of $1,000,000
combined single limit bodily injury and property damage liability
insuring the business establishment against any hazard which might
occur by reason of the sale of beer and wine in sidewalk areas, and
must execute an agreement to hold the City of Walhalla harmless from
any litigation of any manner or form by reason of the sale of beer
or wine in sidewalk areas within the City of Walhalla.
This article shall become effective for all encroachment permits
issued after June 17, 2014.