Sec. 16-119. Penalty.

It shall be unlawful for any person to violate any of the provisions of this division. If any person is found to have violated any of the provisions of this division, such person or persons shall be guilty of a class 3 misdemeanor and shall be fined not more than $500.00. Each violation shall constitute a separate offense.

(Ord. No. 2299, § 2, 6-25-96)

Sec. 16-120. Severability.

If a court of competent jurisdiction shall adjudge, to be invalid or unconstitutional any clause, sentence, paragraph, section or part of this division, such judgment or decree shall not affects impair, invalidate or nullify the remainder of this division, but the effect thereof shall be confined to the clause, sentence, paragraph, section or part of this division so judged to be invalid or unconstitutional.

(Ord. No. 2299, § 2, 6-25-96)

Secs. 16-121—16-140. Reserved.

ARTICLE V. SELLING, ENTERTAINING AND DINING 5

 

Notes

5

Editor's note(s)— Ord. No. 3024, adopted May 27, 2003, deleted Art. V, §§ 16-141 through 16-161, in its entirety and enacted similar provisions for a new Art. V as set out herein. Former Art. V pertained to selling, entertaining and dining. A history of former Art. V can be found in the Code Comparative Table. Cross reference(s)— Licenses, permits and business regulations, ch. 9 . State law reference(s)— Pedestrians soliciting rides, employment, business or funds upon highways or streets, G.S. 20-175.

DIVISION 1. GENERALLY

Sec. 16-141. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

   Applicant means any person or entity that has applied for an outdoor dining area permit.

   Audible performance means any performance, including but not limited to, music, dance, mimes, magicians, clowns, jugglers and/or theatrical presentations which involve or require the production of sound as an essential element of the performance.

   Biltmore Village Historic District means the overlay zoning district designated by that name in Appendix 7-E of this Code, described therein and outlined on the official zoning map of the city.

   Central Business District means the general use zoning district defined by that name in chapter 7 of this Code and outlined on the official zoning map of the city.

   High impact area means an area identified in Appendix H of the City Code within which only one audible performance may take place within 120 feet of a location marked on the sidewalk at any single time.

   Merchandise includes, but is not limited to, plants, flowers, wearing apparel, jewelry, ornaments, art work, household or office supplies, food or beverages of any kind, whether or not for immediate consumption, or other goods or wares.

   Office and business uses correspond to the use tables found in Chapter 7, Article VIII of the Unified Development Ordinance.

   Outdoor dining area means the space permitted for outdoor dining on public sidewalks and streets for the purpose of consuming food or beverage by patrons of an adjacent permitted business and/or by the general public.

   Outdoor dining means the use of public sidewalks and streets for the purpose of consuming food or beverage by patrons of an adjacent, permitted business and/or for use by the general public outside of business hours.

   Outdoor dining guide or Guide means the guidelines, standards and rules adopted by the city manager that contain the requirements that must be met to obtain and maintain an outdoor dining area permit.

   Outdoor merchandise area means an area in front of or adjacent to a retail business where merchandise is located on a public sidewalk for the purpose of displaying, exhibiting, selling or offering for sale merchandise.

   Performance means, but is not limited to, engaging in acting, acrobatics, dancing, juggling, magic, pantomime, playing musical instruments, puppetry, and/or recitation on any city sidewalk.

   Permittee means any person or entity issued a permit by the city to operate an outdoor dining area adjacent to a public sidewalk or street maintained by the city or the North Carolina Department of Transportation.

   Permanently affixed means any element of privately owned property that is attached, bolted or connected in any other way to any public sidewalk, street or other element of the public right-of-way.

   Pushcart means a wheeled cart which may be moved by one person without the assistance of a motor and which is designed and used for displaying, keeping or storing any food, beverages or other articles for sale by a vendor.

   Sidewalk means all that area legally open to public use as a pedestrian public way between the curb line and the public right-of-way boundary along the abutting property.

   Sidewalk dining means any outdoor dining elements authorized by the city to be placed on public sidewalks for outdoor dining purposes to be used by patrons of a contiguous and adjacent permitted business, and/or for use by the general public outside of business hours.

   Streetery means a structure authorized by the city to be placed on a public street within marked/striped on-street parking spaces for outdoor dining purposes to be used by patrons of an adjacent, permitted business to that area of the street, and/or for use by the general public outside of business hours.

(Ord. No. 3024, 5-27-03; Ord. No. 3266, § 1(a), 7-26-05; Ord. No. 4530, § 1, 10-25-16; Ord. No. 5047, § 1a, 10-24-23)

Cross reference(s)—Definitions and rules of construction generally, § 1-2.

Sec. 16-142. Scope.

(a)   Except as a permit may be issued pursuant to this article V for locations within the Central Business District, the Biltmore Village Historic District, or other zoning districts where office and business uses are a permitted use, it shall be unlawful for any person to sell, offer for sale, exhibit or demonstrate any goods, wares, merchandise, mechanical devices, animals or any article of any kind whatsoever, by whatever name called, upon any public street, sidewalk, square, avenue or alley within the corporate limits of the city.

(b)   Violation of this section shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.

(Ord. No. 3024, 5-27-03; Ord. No. 3266, § 1(b), 7-26-05; Ord. No. 4910, § 2, 11-9-21)