A. Permit Application Review Process:
1. Complete Application; Forward For Recommendations: The Clerk shall review all applications for sidewalk café permits for completeness, and if complete, forward said applications to the Police Chief, Fire Chief, and PDS Director for their recommendations.
2. Recommendation Of Officials; Conditions To Permit:
a. Recommendations: The Police Chief, Fire Chief, and PDS Director shall inspect all new or altered sidewalk café spaces. Based on the required standards set forth in this chapter and inspection of the proposed sidewalk café space, the Police Chief, Fire Chief, and PDS Director shall recommend that the City Clerk approve or deny the application. A recommendation to approve may include conditions upon the permit.
b. Police Conditions To Permit: The Police Chief shall consider such factors as the proposed number of patrons, configuration, the potential presence of minors, the occurrence of special events, pedestrian and vehicular traffic, alcohol signage, fencing, the intended use, ingress and egress of the space, state and city alcohol regulations if applicable, and potential for unusual noise or unlawful disturbances to determine whether permit conditions are necessary. Police recommended permit conditions may include but are not limited to limiting the days and hours a sidewalk café may operate or recommending that the space be maintained in a specific manner or configured in a specific way.
c. Fire Conditions To Permit: The Fire Chief shall consider such factors as the proposed size, occupancy, location, configuration, abutting premises, and ingress and egress to the space to determine whether permit conditions are necessary. Fire recommended permit conditions may include but are not limited to providing a maximum occupancy for the sidewalk café space or requiring that the sidewalk café be maintained or configured in a specific manner to ensure ready access of emergency vehicles and personnel to the space.
d. PDS Conditions To Permit: The PDS Director shall consider the proposed configuration, occupancy, placement of fixtures and furniture within the sidewalk café space, signs, the slope of the sidewalk or plaza right-of-way, and the ADA pedestrian access to the sidewalk or public plaza inside and outside of the boundaries of the space, particularly in relation to the placement of poles, signs, bicycle racks, electrical boxes, trees, grates, and other fixtures on the sidewalk or plaza. PDS recommended permit conditions may include but are not limited to recommending that the space be maintained in a specific manner or configured in a specific way or limiting the size or location of the space.
B. Issuance Of Permit Or Denial Of Application: The Clerk shall issue a permit if all of the following criteria are met:
1. The application is complete, and the applicant is qualified;
2. The proposed sidewalk café will not violate any of the standards and requirements as set forth in this chapter;
3. The Police Chief recommends issuance of a permit either absolutely or conditionally;
4. The Fire Chief recommends issuance of a permit either absolutely or conditionally; or
5. The PDS Director recommends issuance of a permit either absolutely or conditionally. (Ord. 11-22, 3-29-2022)