A. Authority: Subject to the authority granted to the City Clerk's Office by this temporary, emergency ordinance, the below-cited portions of the following sections of Boise City Code ("B.C.C.") Title 3, Chapter 4, Sidewalk Cafes, are suspended during the term of this chapter:
1. B.C.C. section 4-4-7(F), which states in relevant part: "All applications for sidewalk café permits must be completed and filed with the Clerk's not less than thirty (30) days prior to the date the applicant intends to begin operating a sidewalk café." Under the authority granted by this chapter, the City Clerk's Office may waive the thirty (30) days in advance of the date the applicant intends to begin operating a sidewalk café requirement to apply for and receive a sidewalk café permit.
2. B.C.C. section 3-4-8, which states in relevant part: "Each application for a sidewalk café permit shall be accompanied by the required, non-refundable application fees in an amount established by the City Council and listed on the most current fines and fee schedule." Under the authority granted by this chapter, the City Clerk's Office may waive the application fee for a sidewalk café permit.
3. B.C.C. 3-4-11(D) which states in relevant part: "All sidewalk cafés shall abut or be contiguous to the premises where food or beverages are prepared for consumption within the sidewalk café." Under the authority granted by this chapter, the City Clerk's Office may grant a temporary sidewalk café permit or a temporary amendment to an existing sidewalk café permit to allow for the use of non-abutting sidewalk café space.
4. B.C.C. 3-4-11(I)(1), which states in relevant part: "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." Under the authority granted by this chapter, the City Clerk's Office may grant a temporary sidewalk café permit or a temporary amendment to an existing sidewalk café permit to allow for the use of non-abutting sidewalk café space. Additionally, the City Clerk's Office may approve water-filled physical barriers with a height of thirty two inches (32") rather than the minimum required three feet (3').
B. Authority: Subject to the authority granted to the City Clerk's Office by this temporary, emergency ordinance, B.C.C. section 3-4-12 shall be temporarily amended during the term of this chapter to add the following language at the current end of this section:
"Notwithstanding any language to the contrary, all applications for a renewal of a sidewalk café permit, and continuation of such permit pending City Clerk action on the renewal application, shall not include any temporary sidewalk café space or temporary amendments to an existing permit granted under this chapter."
C. Any temporary sidewalk café permits or temporary amendments to existing sidewalk cafes permits granted under this chapter, shall not exceed the dimensions of the permitted space for such temporary sidewalk cafes as determined by the City Clerk's Office. (Ord. 23-20, 7-30-2020; amd. Ord. 33-20, 10-13-2020; Ord. 16-22, 3-29-2022)