(A) The permit shall be issued on a form deemed suitable by the Administrator.
(B) In addition to naming the permittee and any other information deemed appropriate by the Administrator, the permit shall contain the following conditions:
(1) Each permit shall be effective for one fiscal year from May 1 through April 30 (pro-rated to $37.50 for three months or less) and subject to annual renewal, unless revoked or suspended prior to expiration. No fees will be refunded for revocations or periods of suspension.
(2) The permit issued shall be personal to the permittee only and shall not be transferable.
(3) The permit may be suspended by the Administrator when necessary to clear the public property for public safety or for a "community or special event," as referred to above.
(4) The Administrator may require the temporary removal of items within the encroachment area when street, sidewalk, common areas or utility repairs necessitate the action.
(5) The permit shall be specifically limited to the area shown on the diagram attached to and made part of the permit.
(6) All signage must be approved by the Bardstown Historical Review Board and Bardstown City Council through the COA process and comply with the city’s zoning and sign ordinances.
(C) No outdoor seating authorized herein shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of an alcoholic beverage control license for any establishment; however, outdoor seating areas may be included in the calculation for off-street parking requirements as set forth in the zoning regulations, or be used as the basis for computing required off-street parking.
(D) The issuance of a permit does not grant any property rights or infer vested rights to use of the area by the permittee. The city retains the right to deny the issuance of a permit or the renewal of a permit for any reason.
(E) Glass containers.
(1) The city retains the right to suspend the privilege of using glass containers within the encroachment area during festivals and events and when street areas close. The privilege of using glass containers will be revoked if an incident jeopardizes the health, safety and welfare of customers or of the general public.
(2) Repeated offenses may result in revocation of the outdoor café permit.
(F) The serving and consumption of alcoholic beverages will be as limited by laws of the City of Bardstown and State Department of Alcoholic Beverage Control.
(G) Customers must be seated in order to be served.
(Ord. B2007-12, passed 6-5-07; Am. Ord. B2018-07, passed 5-1-18)