A. 
Any person who owns or operates a street-level retail business in the City shall be permitted to sell, attempt to sell or display for sale any goods, wares or merchandise which is a regular part of the inventory of such retail business on the sidewalk directly in front of such business, provided that:
1. 
Such sidewalk display and sale of merchandise does not block or impede pedestrian passage or ingress and egress to and from any building, and does not cause the area to become so congested as to create a safety hazard or impede or inconvenience the public.
a. 
There shall be a presumption that pedestrian passage is being blocked or impeded if there is less than a 5' clearance for pedestrian passage on the sidewalk from the edge of the curb to the beginning of the sidewalk display and sale of merchandise.
b. 
The burden of showing that the sidewalk display and sale of merchandise does not block or impede pedestrian passage or ingress and egress to and from any building and does not cause the area to become congested shall be on the person who owns or operates the retail business.
2. 
The sidewalk display and sale of merchandise occurs at a time when the retail business is open for business.
3. 
All fixtures used for sidewalk displays and sales of merchandise are removable and no such fixtures remain on the sidewalk when the retail business is closed.
B. 
All sidewalk displays and sales of merchandise shall be at the sole risk of the retail business, and the City shall not be responsible for any injuries to persons or damage to property which result from such sidewalk displays and sales of merchandise.
C. 
A violation of this section is a Class C offense.
(Prior code § 4-78)
Any person who displays or sells merchandise on the sidewalk in violation of this chapter shall immediately desist from such display or sale and remove the merchandise and all fixtures used for the display, sale or storage of such merchandise from the sidewalk upon the direction of a police officer.
(Prior code § 4-79)
A. 
No person shall display or sell any merchandise on the sidewalk without first having obtained a sidewalk sales permit from the City.
B. 
Application for a sidewalk sales permit shall be made to the City Clerk on a form to be furnished by the Clerk.
1. 
The sidewalk sales permit application shall require the applicant:
a. 
To certify that the applicant is the owner or operator of the retail business for which the sidewalk sales permit is sought and that the business is validly licensed under all applicable City, County and State laws;
b. 
To specify the type of merchandise which will be displayed and sold on the sidewalk in front of the retail business and to certify that all merchandise which will be displayed and sold on the sidewalk will be a regular part of the inventory of the retail business;
c. 
To indemnify and hold the City harmless for any personal injuries or property damage which result from the sidewalk sale or display of merchandise;
d. 
To certify that the applicant shall comply with all applicable City, County, State and Federal laws and with any City rules and regulations which are adopted to carry out the provisions of this chapter.
2. 
The fee for a sidewalk sales permit shall be $25.00, which shall be paid at the time an application for the permit is made.
C. 
Sidewalk sales permits are nontransferable and shall be effective for one year from the date of issuance.
D. 
Sidewalk sales permits shall be displayed prominently, either on the sidewalk display of merchandise or in the retail business.
E. 
A violation of this section is a Class C offense.
(Prior code § 4-80)
A. 
A sidewalk sales permit may be denied or revoked for any of the following reasons:
1. 
The applicant has failed to completely and accurately complete the sidewalk sales permit application.
2. 
The applicant has failed to pay any personal property tax applicable to the retail business.
3. 
The applicant has previously violated any provision of this chapter or has failed to pay any assessed fine for a violation of this Code.
4. 
The applicant has previously failed to comply with the direction of the police officer to desist from the sidewalk sale of merchandise or to remove any merchandise and display fixtures from the sidewalk.
B. 
Prior to the denial or revocation of a sidewalk sales permit, the City Clerk shall give written notice to the applicant, by regular first-class mail to the address set forth in the permit application or to the applicant's last known address, setting forth the basis of the permit denial or revocation.
C. 
Any applicant whose sidewalk sales permit has been denied or revoked may appeal the denial or revocation to the City Administrator, in writing, within two weeks after the date of the written notice of the permit denial or revocation.
(Prior code § 4-81)