General Standards And Requirements: In addition to the minimum standards and requirements set forth in chapter 1, article A of this title, all sidewalk cafes shall comply with the following standards and requirements:
A. Conspicuous Display Of Permit: Upon issuance, the sidewalk café permit with any conditions imposed by Police, Fire, or PDS shall be prominently displayed on the premises abutting or contiguous to the sidewalk café at all times.
B. Limited To Permitted Details: A permitted sidewalk café shall be limited to the size, location, configuration as detailed in the application and made part of the approved permit by the City Clerk. The City shall have the right to remove any furniture, fixtures, or other objects placed outside the permitted sidewalk café space area.
C. Impede Pedestrian Corridor: A permitted sidewalk café shall at all times ensure that its use of the sidewalk or public plaza in no way impedes the pedestrian corridor or limits pedestrians' free and unobstructed passage on the sidewalk or public plaza. An unimpeded pedestrian corridor is no less than five feet (5') at its narrowest width unless otherwise allowed by the ADA and approved by the PDS Director.
D. Abuts Or Contiguous To The Premises: All sidewalk cafés shall abut or be contiguous to the premises where food or beverages are prepared for consumption within the sidewalk café.
E. Hours Of Operation: Unless otherwise limited by a condition on the permit, sidewalk cafés serving alcoholic beverages may operate any day between the hours of ten o'clock (10:00) A.M. and two o'clock (2:00) A.M. Sidewalk cafés not serving alcoholic beverages may operate any day and during any hours unless otherwise limited by a condition on the permit.
F. Signs: Except printed umbrellas and menu boards within the sidewalk café permitted space, all advertising and business identification signs located within the sidewalk café or in the abutting sidewalk or public plaza must follow all sign requirements set forth in title 11 of this code and not impede the pedestrian corridor.
G. Furnishings:
1. Maintenance: All sidewalk café furnishings, including but not limited to tables, chairs, umbrellas, and heaters shall be maintained in an orderly and attractive appearance and be in good repair at all times.
2. Storage: A sidewalk café not in use for more than fourteen (14) consecutive days shall remove all furnishings (except boundary railing) and store such items off the sidewalk or public plaza until regular use of such items shall resume.
H. Clean-Up; Removal Of Trash And Debris:
1. Clean-up: A sidewalk café shall have all dirty dishes, glasses, and flatware removed from the space promptly.
2. Trash And Debris: The sidewalk café space shall be kept clear of trash and debris at all times. The permittee shall also be responsible for ensuring that the twenty feet (20') of right-of-way adjacent to the permitted sidewalk café be cleared of all trash and debris no less than once a day.
I. Sidewalk Cafes Serving Alcohol Requirements:
1. Fencing: All sidewalk cafés serving or allowing the consumption of alcoholic beverages must have a continuous physical barrier with a minimum height of three feet (3') placed at the boundaries of the permitted sidewalk café and be flush or attached to the abutting physical premises of the retailer and be ADA compliant.
2. Alcohol Signage: All sidewalk café points of ingress or egress shall display alcohol signs as follows:
a. The sign must be no smaller than nine inches by twelve inches (9" x12");
b. The sign must state in clear type, "It is unlawful to bring onto these premises alcohol beverages not purchased at (premises name) or to remove alcohol from the boundaries of this business," or other alcohol sign language as approved by the Police Chief; and
c. Signs must be displayed at all sidewalk café points of ingress or egress at the height of five feet (5') from the ground.
3. Alcoholic Beverage Storage Prohibited: No taps, kegs, coolers, or other alcoholic beverage storage devices are allowed within a sidewalk café.
J. Temporary Removal: The City may require the temporary removal of a sidewalk café for the following reasons:
1. Utility work or repair of the sidewalk or public plaza that necessitates such action;
2. Special events that necessitate such action; or
3. Emergencies endangering the public's health and safety.
The City shall not be responsible for any sidewalk café furnishing or other components removed during an emergency.
K. Obey All Laws: All sidewalk cafés shall comply with all applicable federal, state, and local statutes, rules, and regulations. (Ord. 11-22, 3-29-2022)