A. Definitions. See Chapter 1, Article II for the definition pertaining to sidewalk cafés.
B. Approval Required. It shall be unlawful for any person to operate a sidewalk café on any sidewalk or public right-of-way within the city without obtaining approval in accordance with Chapter 2, Article II, Section 6.E.
C. Applicability. A sidewalk café may be allowed, subject to review and approval as outlined herein, on an abutting public sidewalk (right-of-way) and as an accessory use to a legally operating restaurant or nightclub establishment, provided that such establishment is located within the boundaries of the Community Redevelopment Agency (CRA) area. A sidewalk café shall be subject to any additional limitations or restrictions of the zoning district for which it is located. A sidewalk café is prohibited outside the boundaries of the CRA.
D. Regulations.
1. Private Sidewalk. Chairs, tables and related sidewalk café components shall be restricted to the sidewalk frontage of the building where the validly licensed restaurant or nightclub is located, unless written authorization is provided by the owner of the adjacent property and submitted with the application for sidewalk café approval.
2. Accessibility. Tables or chairs shall be located a minimum of five (5) feet from a pedestrian crosswalk or handicap ramp, bus stop shelter, bus stop sign, taxi stand, stop sign or fire-hydrant.
a. A clear pathway, parallel with the street, with a minimum width of four (4) feet, shall be maintained for through pedestrian traffic. However, a minimum width of five (5) feet shall be maintained between the seats where the pedestrian path bisects the proposed seating arrangement.
b. In areas of congested pedestrian activity, the city may require a wider pedestrian path, as circumstances dictate.
3. Perimeter. No objects shall be permitted around the perimeter of a sidewalk area occupied by tables and chairs unless placed in a manner so as not to discourage the use of the pedestrian path of the sidewalk.
4. Safety. Tables, chairs, umbrellas, canopies, awnings, and any other objects utilized as part of the sidewalk café shall be of quality design, materials, size, elevation, and workmanship, both to ensure the safety and convenience of users.
Awnings, umbrellas, and other decorative material shall be fire-retardant, pressure treated or manufactured, or fire resistant material. The city may require relocation of tables, chairs, and other objects at any time for safety or pedestrian flow consideration.
5. Design. All tables, chairs, umbrellas, canopies, awnings, and any other objects as part of the sidewalk café shall meet the following minimum design standards:
a. Contribute to the aesthetic appearance of the area where the sidewalk café is proposed by promoting the design and color theme applicable to that area;
b. Contribute to the efforts of community identity and redevelopment;
c. Not constitute or create traffic or pedestrian hazards; and
d. Respect community standards relative to decency and obscenity.
6. Outstanding Debt. Prior to forwarding the application to the CRA Board, the CRA Director or designee shall certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to the city by the current or past owners or operators of the property requesting a sidewalk café approval. Final approval of a sidewalk café shall not commence until all outstanding debts to the city are paid in full.
7. Menu Board. The proposed location and design of the menu sign shall be considered a part of the review for a sidewalk café application, and be subject to any applicable standards of the Sign Code.
8. Conditions for all Approvals. The following conditions shall apply to all sidewalk cafés:
a. The city and its officers and employees shall not be responsible for sidewalk café components relocated during emergencies.
b. The approval shall be specifically limited to the area shown on the "exhibit" attached to and made a part of the permit. The city shall have the right to remove without notice, any tables, chairs or other objects not in the permit area.
c. The operator shall act to assure that its use of the sidewalk in no way interferes with sidewalk users or limits their free unobstructed passage. The city may require relocation of tables, chairs and other objects at any time for safety or pedestrian flow consideration.
d. Operators holding a business tax receipt limited to take-out food shall not be permitted to provide table service on the sidewalk. This provision shall not include an ice cream shop or coffee bar which is duly licensed for eat-in service.
e. Tables, chairs, umbrellas, and any other objects permitted as part of a sidewalk café shall be maintained with a clean and attractive appearance and shall be in good repair at all times.
f. The sidewalk area covered by the application and sidewalk and roadway immediately adjacent to it shall be maintained in a neat and orderly appearance at all times, and the area shall be cleared of all debris as needed during the day, and again at the close of each business day.
g. Unless otherwise provided herein, no signs associated with the sidewalk café shall be allowed within the public right-of-way.
h. No tables, chairs or any other parts of sidewalk cafés shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk within or near the permitted area.
i. The area between the exterior walls of a restaurant or a nightclub and the edge of sidewalk shall be designated as public space. The placement of tables and chairs in this public space shall not constitute a building improvement which otherwise triggers structural improvements to the operating business under the provisions of the Florida Building Code (FBC) or any state statute. In the event an operator of a restaurant or a nightclub creates a sidewalk café pursuant to the terms of this section and such creation entails actual structural improvements to any portion of the structure other than the permanently obstructed ingress or egress to the restaurant or nightclub then, in that event, all applicable provisions of the FBC or state statutes necessitating improvements to the property shall apply.
j. No food preparation; fire; fire apparatus; or drink preparation or dispensing equipment shall be allowed on the public sidewalk, other than that employed in the course of ordinary tableside service, including but not limited to menu items which require table preparation, whether or not such area is covered by the approval.
k. Upon the issuance of a "Hurricane Warning" or "Hurricane Watch" by the authorities, the operator shall forthwith remove and place indoors all tables, chairs, awnings and other equipment located on the sidewalk.
E. Liability and Insurance.
1. Liability. The operator agrees to indemnify, defend, save and hold harmless the city, its officers and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of this permit or the permittee's activity on the premises by executing a written hold harmless agreement.
2. Insurance. The operator agrees to meet and maintain for the entire approval period, at his/her own expense, the following requirements:
a. Commercial general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. The city must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting this requirement.
b. Worker's compensation and employer's liability as required by the state.
c. All policies must be issued by companies authorized to do business in the state and rated B+: VI or better per Best's Key Rating Guide, latest edition.
d. The city must receive thirty (30) days written notice prior to any cancellation, non-renewal or material change in the coverage provided.
e. A certificate of insurance showing evidence that the above requirements have been met must be included in the renewal application. Failure to maintain these requirements shall justify a suspension or revocation of a sidewalk café permit by the City Manager.
f. The approval period shall run and insurance requirements as described in subsection b. above shall be effective from October 1 until September 30 of the following calendar year.
F. Penalties. Any violators of this section shall be fined in accordance with Chapter 1, Article I, Section 7.A. of these Land Development Regulations. See Chapter 2, Article II, Section 6.E. for additional information regarding the denial or revocation of a sidewalk café permit.
G. Recovery of Unpaid Fines. The Code Compliance Board shall have the power and jurisdiction to hold hearing for recovery of unpaid fees under this chapter as mandated under City Code of Ordinances Part II, Chapter 2, Article 5. The Board at its option may impose liens as provided in Article 5 of Chapter 2.
The City of Boynton Beach may institute proceedings in a court of competent jurisdiction to compel payment of civil fines.
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-020, passed 9-20-11)