City of Knob Noster, MO Sidewalk Cafés

[Ord. No. 871, 5-17-2022]

The City Administrator may issue a permit to use a City sidewalk, pursuant to this Section of the Code of the City of Knob Noster, for a sidewalk café or beer garden, subject to the following conditions:

The permittee shall at all times comply with ordinances of the City of Knob Noster, Missouri, and laws of the State of Missouri, as well as applicable rules and regulations of Johnson County pertaining to the handling of food and the operation of a restaurant.

A permit shall be granted to the permittee only in conjunction with an existing restaurant or bar in an area of City property or City right-of-way adjacent to such a restaurant or bar. A permit may be granted upon a determination that the operation of the sidewalk café does not prevent the reasonable use of the City sidewalks by the public and that it does not interfere with businesses in the area. The permittee shall limit the use of the sidewalk to those activities that have been approved in the permit.

A temporary outdoor consumption permit may likewise be granted to the permittee for a beer garden or other special event where liquor is served and consumed as long as the area in which said liquor is served and consumed is within an enclosed or barricaded area as previously determined and approved by the City Administrator. Any liquor purchased to be consumed in such a beer garden must be done so inside the establishment of the applicant liquor license holder. No liquor that is served or consumed in an approved beer garden may be transported or consumed outside of the defined boundary of said beer garden as approved by the temporary outdoor consumption permit.

The permittee shall submit with the application a plan showing disposal procedures for litter, which include procedures for keeping the area clean, and which shall include sweeping the sidewalk every day the area is utilized by customers. The permittee shall make adequate provision for the disposal of litter and shall maintain the premises used for said sidewalk café free of litter, regardless of the source. Litter generated by the sidewalk café operation shall be the responsibility of the permittee, and the permittee shall make reasonable provisions to see that such litter does not become a nuisance and is properly picked up from the public ways in and around the sidewalk café. The City may require a bond or cash to guarantee that the area will be cleaned up. The permittee shall have a trash receptacle provided by the business for use by the customers eating outside or an alternate plan approved by the City staff. In the event the permittee does not clean up the area, the City reserves its right to do the cleaning itself and to charge the permittee for the cost of the cleanup. This charge shall be a private debt against the permittee, and failure to pay shall constitute cause to revoke or not renew the permit. The City may also revoke the permit for failure to properly maintain and sweep the area identified on the permit including public trash cans.

The permittee shall at all times maintain insurance in an amount not less than five hundred thousand dollars ($500,000.00) to protect the City from any liability which might arise from the activities in the area. The permittee shall submit copies of said insurance to the City for approval prior to the licensee commencing the operation of the sidewalk café and beer garden.

Before any work is performed on the sidewalk or other City property, the applicant shall submit a written plan describing the work. No work shall be performed on City property until the City Administrator has authorized the same and a permit is issued by the City to do the work. In no event shall the work exceed that which is described in the permit as approved by the City.

The permittee shall remove all chairs and tables at the end of each working day, as well as all other appurtenances unless permission is otherwise granted in the license.

The permittee shall at all times maintain a four-foot throughway on the sidewalk for pedestrian access.

The permittee shall agree to indemnify and hold harmless the City of Knob Noster, Missouri, with respect to any claims that might be made, arising out of the operation of the sidewalk café or beer garden. The permittee shall accept the permit, subject to his/her own determination, concerning the authority of the City of Knob Noster, Missouri, to grant said permit, and all risk with respect to whether or not the City has said authority is upon permittee. The City makes no affirmative representations concerning its authority to grant said permit.

10.

In the event the permittee violates any of the conditions of this Chapter or conditions which are a part of the permit, the City Administrator shall have the authority to suspend or revoke the said permit or the license to operate a restaurant, pursuant to procedures set forth in this Chapter. The permittee shall thereafter terminate the use of that area described in the permit unless the City gives the permittee an opportunity to correct said violation. This permit may be terminated by either party upon fifteen (15) days' notice. Any person who violates this Section or the conditions of the permit shall also be subject to the penalties set forth in Section 100.220 of the Code of the City of Knob Noster.

11.

The permittee agrees to comply with all laws of the State of Missouri and ordinances of the City of Knob Noster in the operation of the sidewalk café.

12.

The City shall cause a permit to be prepared, in accordance with the conditions set forth herein and conditions established by the City Administrator, which permit and conditions shall be accepted by the permit

13.

The permit shall be issued per event as determined by the City Administrator.

14.

The fee for such a permit shall be twenty-five dollars ($25.00) per event.