(A) At a minimum, a four (4) foot pedestrian way shall be kept clear through the designated sidewalk dining area at all times (“pedestrian easement”). No obstructions of any kind shall be placed in the pedestrian easement.
(B) Food or drink shall only be served to customers who are seated in the licensed sidewalk dining area.
(C) All chairs shall accompany tables.
(D) No alcoholic beverages shall be sold, served, permitted to be consumed, or suffered on the public sidewalk outside the sidewalk dining area.
(E) No alcoholic beverages shall be served except unless otherwise authorized by a valid liquor license. Any portion of the public sidewalk included within sidewalk dining license issued pursuant to this subchapter may be included as part of the “license premises” for purposes of any liquor license unless otherwise prohibited by law.
(F) Seatings shall be of a design, size and scale appropriate to the character of the neighborhood in which the seatings are to be located.
(G) Sidewalk dining licenses may only be permitted in locations on the public sidewalks that are deemed appropriate by the City Administrator.
(H) All applicants and licensee shall be and remain current on his/her/its obligations to the city, including taxes, loans, liens, and unremediated violations of the city, building or nuisance codes.
(I) No outdoor alcohol service shall be permitted between 2:00 a.m. and 6:00 a.m. of any day or between 2:00 a.m. and 11:00 a.m. on Sunday.
(J) Licensee shall ensure that no part of the sidewalk or curb is damaged by his/her/its seating, including prevention of stains on sidewalks and curbs caused by the seating. Licensee shall refrain from using any harsh or damaging chemicals to clean any stamped concrete sidewalks or surfaces upon which tables or seating is placed. Licensee further agrees that any damage caused to a right-of-way, Public sidewalk or curb by the licensee’s seatings will be repaired or repair costs reimbursed by the licensee.
(K) Licensee shall maintain the public sidewalk included in or adjacent to the sidewalk dining area during the winter months (November to February), including cleaning the paved surface, and shall ensure that the seating is removed from the sidewalk during these months when not in use or when the business is not open to the public; and
(L) A licensee shall maintain the sidewalk dining area in orderly fashion, including requiring that all persons within the sidewalk dining area behave in an orderly fashion and not generate excessive noise.
(M) Licensee shall prevent unreasonable levels of noise from emanating from the sidewalk dining area where the noise is of such intensity or duration that it disturbs the quiet, peace or repose of individuals in the vicinity.
(N) Outside speakers shall not be permitted in the sidewalk dining area.
(O) Umbrellas used in conjunction with the sidewalk dining area shall not contain advertisement of any type.
(P) Food cooking shall not occur within the sidewalk dining area or on the public sidewalk.
(Q) The number of tables and chairs shall not exceed the number designated in the sidewalk dining license.
(R) Outdoor dinning, in conjunction with a sidewalk dining license shall only be permitted until 11:00 p.m. daily Sunday through Thursday evenings; and permitted until 12:00 a.m. Friday and Saturday evenings.
(S) The sidewalk dining area shall only be used from March 1 through November 31. During the period between December 1 and the last day of February, all outdoor furnishings and seatings must be removed from the public sidewalk.
(T) A license shall not be issued for more than one (1) calendar year and the fee associated with the license shall not be prorated.
(U) Licensee shall maintain the public sidewalk and sidewalk dining area, adjoining curb and the adjoining gutter and any storm drain in clean, safe and orderly condition at all times, regardless of the source of any damage or litter.
(V) Seatings may not be stored in, and shall be from, the sidewalk dining area during when the licensee’s adjoining business establishment is closed to the public.
(Ord. 2012-05-02, passed 6-13-12) Penalty, see § 122.99