(A) No permittee shall:
(1) Place any encroachment on any portion of the public property other than within the permitted area;
(2) Block or resist any public passageway to less than four feet of unrestricted width or block the ingress/egress to any building. In areas of congested pedestrian activity, the Administrator is authorized to require a wider pedestrian path, as circumstance dictates. No items shall be placed so as to block any driveway or crosswalk;
(3) Sublicense the encroachment area;
(4) Place anything around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier unless otherwise required by the State Department of Alcoholic Beverage Control;
(5) Use tables, chairs, umbrellas or any other objects of a type, composition or size or in a placement not authorized by the Administrator or which are unsafe, in disrepair or unsightly;
(6) Place tables, chairs, umbrellas, signs or other objects in the permitted area not in compliance with the adopted Design Guidelines and not approved by the Bardstown Historical Review Board and Bardstown City Council through the COA process;
(7) Use umbrellas or other decorative material which is not fire retardant, pressure treated or manufactured of fire resistant material;
(8) Fail to secure permission of the landlord where a building has multiple occupants;
(9) Operate without the insurance coverage specified;
(10) Fail to promptly pick up, remove and dispose of all trash or refuse within the permitted area or failure to take reasonable measures to prevent the deposit of any substance upon the surface of the permitted area which stains, discolors or alters the texture of the area surface;
(11) Store, park or leave any items overnight on any street or sidewalk, except for authorized encroachments which may be kept in the permitted area only at the permittee’s risk; and/or
(12) Store, park or leave any vehicle, truck or trailer within the permitted area.
(B) The outdoor café permit is a temporary license that may be denied, suspended or revoked for any conduct that is contrary to the provisions of this section, or for use of the permitted area in a manner as to create a public nuisance, or constitute a danger to the public’s health, safety or welfare.
(Ord. B2007-12, passed 6-5-07) Penalty, see § 122.99