§ 6.59 SIDEWALK CAFES.
   Subd. 1. Permit required. Any establishment in the city which is licensed by the City of Austin pursuant to § 6.47 to sell food for consumption on designated premises or holds an on-sale liquor, wine, or beer license, brewer tap room license, or brew pub on-sale license may apply to the City Council by and through the City Clerk’s Office for a special permit to conduct a portion of such licensed business in a sidewalk cafe or by use of a vending cart on a part of the public way immediately adjoining the licensed premises.
   Subd. 2.   Restrictions.
      A.    Each permit issued pursuant to this section shall specify the area in which such cafe may be operated; provided that no sale or service shall be permitted in any portion of the street designated for vehicular travel.
      B.   Nor shall the permit authorize any permanent installation to be placed on or in the way, or permit the placing or leaving on the sidewalk of any tables, chairs, furnishings, or other equipment during any periods of time such cafe is not open and being operated.
      C.   Sidewalks will be required to be swept and washed daily by the permit holder and trash disposal and electricity will be provided from within the establishment.
      D.   A scaled diagram will be required to be submitted with information as requested on the application, including but not limited to the dimension of the sidewalk cafe area, position of tables, fixtures, and anything else to be placed on the sidewalk, and the width of the sidewalk remaining for pedestrian use. In the case of establishments holding licenses for on-sale liquor, this diagram will be considered an expansion of the previously designated premises for the sale of liquor.
      E.   Any requests for sidewalk cafe permits for establishments adjoining the downtown pedestrian plaza will be limited to placement of vending carts or tables immediately adjacent to their premises only, provided a minimum of four feet of unobstructed sidewalk width remains for pedestrians. The placement of the tables in the right-of-way adjacent to their premises beyond the width of a typical sidewalk width (10' - 13') will be prohibited.
      F.   No such permit shall authorize a sidewalk cafe at any location where the same is prohibited by state law, or this code of ordinances, except as herein provided.
      G.   Except as specifically provided herein, the ownership, operation, and maintenance of a sidewalk cafe shall be subject to all applicable laws, ordinances, and regulations.
      H.   No sidewalk cafe permit shall be issued to any establishment holding an "on sale" liquor, wine, or beer license located within 200 feet of a residentially zoned district, the measurement to be made from the nearest portion of the sidewalk cafe to the nearest boundary of the residentially zoned district.
      I.   Repealed.
      J.   No food or alcoholic beverages are allowed to be consumed or sold for consumption on the permitted area between the hours of 10:00 p.m. and 8:00 a.m. of any day.
   Subd. 3.   Permit procedure.  
      A.   An applicant for a permit under this section shall file his application therefor with the City Council on forms provided by the City Clerk.
      B.   The City Clerk shall also notify the Public Works Department, and the Police Department, of such application and they shall each report to the City Clerk and make such recommendation as they deem appropriate.
      C.   The recommendation of these departments, including the recommended minimum unobstructed sidewalk width necessary for pedestrian traffic on such application shall be reported to the City Council for its action.
   Subd. 4.   Insurance.  
   A.   No permit authorized by this article shall be effective until the applicant therefore has filed with the City Clerk evidence of insurance insuring the applicant against liability imposed by law arising out of the ownership, maintenance, or operation of such sidewalk cafe in amounts of at least $50,000 for the injury or death of one person, $300,000 for the injury or death of two persons, and $10,000 for damage to property. The city shall be named as an additional named insured in the policy providing such insurance, and such policy shall further provide that it may not be canceled except upon ten days written notice filed with the City Clerk.
      B.   No permit issued pursuant to the provisions of this section shall be valid at any time insurance required herein is not maintained and evidence of its continuance filed with the City Clerk.
   Subd. 5.   Permit suspension and revocation.  
      A.   Any special permit authorized by this section may be revoked at any time by the City Council when it appears that adequate grounds exit. Any such permit may be suspended by the City Council for such period as the Council shall determine.
      B.   Upon the conviction of the permittee, his agent servant, or employee for the violation of any city ordinance or state law in connections with the ownership, maintenance, or operation of such sidewalk cafe, the permit therefor shall automatically become suspended, which suspension shall continue until the Council has acted thereon.
   Subd. 6.    Repealed.
(Ord. 536, Second Series, passed 5-15-06; Am. Ord. 547, Second Series, passed 11-20-06; Am. Ord. 623, passed 12-30-14; Am. Ord. 712, passed 9-19-22)