(A)
This Section shall apply only to the Downtown Historic sub-district.
(B)
A business located in the Downtown Historic sub-district may apply
for an annual license to operate within a portion of the public sidewalk
located on a sidewalk abutting and within the span of the facade of
the business ("Sidewalk Space") under the following conditions:
(1)
If the business is a restaurant, the restaurant's kitchen facilities
must be a permitted food service establishment;
(2)
Before a business may serve alcohol for on-premises consumption within
a Sidewalk Space, the restaurant operating the Sidewalk Space must
conform to all requirements of the Texas Alcoholic Beverage Commission
(TABC);
(3)
The business's proposed Sidewalk Space must be contained within that
portion of the sidewalk located adjacent to the front entrance and
exterior wall of the business and extending across the entirety of
the front, exterior wall of the business and extending across the
entirety of the front, exterior wall of the premises out towards the
public street to a point no more than six feet from the top, inside
edge of the curb;
(4)
The proposed Sidewalk Space may not interfere with visibility and
lines of sight for drivers at street corners;
(5)
All elements of the Sidewalk Space shall meet and comply with all
applicable provisions of the Texas Accessibility Standards.
(C)
The following prohibitions apply to a business's Sidewalk Space:
(D)
Design Guidelines.
Sidewalk Space must meet the following
design guidelines:
(1)
The Sidewalk Space must be open air;
(2)
The Sidewalk Space must contain removable tables, chairs, planters,
or other appurtenances;
(3)
All tables, chairs, and outdoor appurtenances must be durable, waterproof,
and built to withstand the weather;
(4)
Furniture and appurtenances must be maintained to the standards of
the original permit for the duration and life of the Sidewalk Space;
(5)
Sidewalk Space furniture and appurtenances must be constructed of
finish-grade wood, sturdy recycled materials, and metals which are
galvanized, coated, or otherwise treated to resist weather and avoid
oxidization;
(6)
Sofas are prohibited in Sidewalk Space; and
(7)
Furniture and appurtenances may not contain breakable plastics, unfurnished
lumber, turf, upholstery not designed for outdoor use, or bare metal
that is subject to oxidization.
Furniture and appurtenances used in a Sidewalk Space are subject
to review and approval by City staff.
(E)
Application.
Applicants must provide all information
requested in the application. The City may consider information provided
in the application, the site plan, the location, the proposed use,
and proposed furniture or appurtenances, the best interests of the
City, and the applicants' prior history of violations of relevant
City ordinances or state law.
(F)
Insurance.
An application for a Sidewalk Space license
and for any renewals must include a current certificate of commercial
general liability insurance issued by an insurance company authorized
to do business in the State of Texas and in an amount acceptable to
the City of Garland. The insurance policy shall contain a waiver of
subrogation in favor of the City, and shall contain an endorsement
requiring the City be given thirty (30) days' notice of cancellation.
(G)
Termination of license.
The Sidewalk Space license is
subject to termination for violation of the license terms, violations
of relevant laws, or the best interests of the City.
(H)
License Term.
A license to operate a Sidewalk Space
shall expire one year after issuance. An applicant may submit an application
to renew the license annually, subject to review of the application
materials and passing an annual inspection for compliance with applicable
City ordinances. The licensee shall be responsible for scheduling
the annual inspection.
(Ordinance 7446 adopted 7/11/2023)
