Permit holders for outdoor merchandise areas and their employees shall meet the following requirements:
(1) A permit and encroachment agreement pursuant to the provisions of article III of chapter 16 of this Code shall be required for outdoor merchandise areas.
(2) Outdoor merchandise areas shall be located only in the area designated by the city and indicated in the encroachment agreement or on the permit, specifically excluding roadways. Merchandise and the fixtures or devices on which it is displayed shall be located so that they do not impede, endanger or interfere with pedestrian or vehicular traffic.
(3) Merchandise and the fixtures or devices on which it is displayed shall be located so that a minimum of six feet of passage for pedestrian traffic, or the minimum required for pedestrian passage by the Asheville Standard Specifications and Details Manual, the North Carolina State Building Code or the Americans with Disabilities Act, whichever requirement is more restrictive, shall be provided at all times.
(4) No fixtures or devices on which outdoor merchandise is displayed shall be attached to the sidewalk or other public area without the permission of the city in the encroachment agreement.
(5) Outdoor merchandise areas will be permitted only adjacent to the building or structure in which the retail business is located. Outdoor merchandise areas shall not be permitted next to the curb of the street or sidewalk or in the middle of the sidewalk or in roadways.
(6) Merchandise and the fixtures or devices on which the merchandise is displayed must not block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage alongside the outdoor merchandise area.
(7) All merchandise located within an outdoor merchandise area shall be placed so that the outdoor merchandise and the fixtures or devices on which the merchandise is displayed are stable and not easily tipped and do not include sharp edges, protrusions, or other features which may be hazardous to the public.
(8) All displays of merchandise within the outdoor merchandise area must meet a minimum height of 28 inches tall or of sufficient size or height so that safe pedestrian traffic is not impeded or must comply with the requirements of the Americans with Disabilities Act, whichever requirement is more restrictive.
(9) All merchandise and the fixtures or devices on which the merchandise is displayed shall be moved inside the building or structure wherein the retail business is located during hours the retail business is not operated and during inclement weather, including, but not limited to, heavy rain, wind, ice or snow.
(10) All merchandise and the fixture, or devices on which the merchandise is displayed must be secured so that it may not be dislodged during windy or stormy weather prior to being moved inside the building or structure wherein the retail business is located.
(11) In the event of a declared emergency or in a situation where exigent circumstances arise, a permit holder shall remove all articles from the sidewalk when directed to do so by any law enforcement officer, fire official or emergency medical personnel.
(12) The permit holder for the outdoor merchandise area shall be responsible for the maintenance, upkeep and security of the fixtures or devices on which the merchandise is displayed and the city shall not be responsible for the same.
(13) The permit holder for the outdoor merchandise area shall be responsible for keeping the outdoor merchandise area clean of garbage, trash, paper, cups, cans or litter associated with the operation of the outdoor merchandise area.
(14) The permit holder for the outdoor merchandise area shall not have on the premises any bell, siren, horn, loudspeaker or any similar device to attract the attention of possible customers nor shall the permit holder use any such device to attract attention.
(15) Signs attached to the outdoor merchandise area shall comply with the requirements of article XIII of chapter 7 of this Code.
(16) Outdoor merchandise areas shall not contain any live animals.
(17) Design of the outdoor merchandise areas to be located within the Biltmore Village Historic District must be approved by the Historic Resources Commission prior to a permit being issued.
(Ord. No. 3024, 5-27-03; Ord. No. 4052, § 1e, 1-24-12)