§ 24-313. Permit required.

(a)

Sidewalk cafes may be located on sidewalks subject to a permit issued by the city manager pursuant to this division. Applications for a sidewalk cafe permit shall be made on forms supplied by the clerk and shall include a plan drawn to scale which illustrates the exact location of the proposed sidewalk cafe, together with distances and dimensions of the adjoining buildings, the sidewalk, the distance to and location of the traveled portion of the street and distances to all obstructions in the vicinity. The application shall be accompanied by the fee set forth in section 2-724. If the application is denied, the application fee less $100.00 shall be returned to the applicant.

(b)

In addition to the requirements of article II of chapter 12, no permit shall be issued or renewed for a sidewalk cafe unless the following requirements are met:

(1)

The applicant must possess a valid food establishment license pursuant to article V of chapter 20.

(2)

A distance of at least 200 feet shall be maintained between the nearest point of the sidewalk cafe to the nearest point of property used for residential purposes.

(3)

The applicant must furnish to the clerk evidence that public liability insurance has been procured for any death or personal injury arising from the ownership, maintenance or operation of the sidewalk cafe in amounts not less than:

a.

$100,000.00 for injury to or death of one person;

b.

$300,000.00 for any one incident; and

c.

$50,000.00 for damage to property arising from any one incident.

The applicant shall maintain such insurance in effect at all times during the term of the permit. The city shall be named as an additional named insured in the policy providing such insurance.

(4)

The applicant shall indemnify and hold the city and the city's officials and employees harmless from any loss, cost, damage and expenses arising out of the use, design, operation or maintenance of the sidewalk cafe.

(5)

The area occupied by the sidewalk cafe shall abut and shall be operated as part of the food establishment operated by the applicant. No part of the sidewalk cafe shall adjoin any premises other than the applicant's food establishment.

(6)

The city manager shall find that the sidewalk cafe will not unduly restrict the safe usage of the sidewalk by the public after taking into consideration the location of obstructions, vehicular traffic and other impediments to the passage of pedestrians. The city manager shall renew a permit only upon finding that the operation of the sidewalk cafe complied with all provisions of this division and did not constitute a nuisance as defined by article II of chapter 16.

(c)

In addition to the requirements of article V of chapter 20, the following requirements shall apply to the operation of sidewalk cafes:

(1)

Only food or beverages for immediate consumption may be offered for sale.

(2)

Intoxicating liquors, beer or wine may be consumed only if the sidewalk cafe is licensed pursuant to chapter 4.

(3)

No expansion of the area occupied by the sidewalk cafe from that shown on the permit application shall be made.

(4)

No tables, chairs, furnishings, planters, railings or other obstructions shall be placed or remain on the sidewalk between November 1 and April 1, except on a day-to-day basis when the sidewalk cafe is open for business.

(5)

The applicant shall maintain the sidewalk cafe in a clean and sanitary condition as required by article V of chapter 20.

(6)

The applicant shall promptly replace or repair any damage to the sidewalk or other public property caused by the applicant's use of the sidewalk as a sidewalk cafe.

(d)

Permits issued pursuant to this division shall expire on March 31 of each calendar year.

(Code 1970; Code 1992, § 1230.07(2); Ord. No. 1222; Ord. No. 1222-A1, 11-29-1978; Ord. No. 1222-A2, 11-28-1979; Ord. No. 1222-A3, 6-24-1987; Ord. No. 1993-5, 4-28-1993; Ord. No. 1994-6, 7-27-1994; Ord. No. 1995-6, 8-17-1995; Ord. No. 1997-14, 12-15-1997; Ord. No. 1999-7, 3-15-1999; Ord. No. 2001-7, 10-3-2001; Ord. No. 2002-10, 1-21-2003; Ord. No. 2004-8, 5-27-2004; Ord. No. 2004-10, 8-12-2004; Ord. No. 2010-03, 2-16-2010; Ord. No. 2011-11, 12-6-2011; Ord. No. 2012-04, 2-21-2012)