[Adopted 6-17-2014 by Ord. No. 2014-8]
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.