CHAPTER 122: OUTDOOR CAFES

Section

   122.01   Purpose and applicability of chapter

   122.02   Definitions

   122.03   Penalty

   122.04   Permit required

   122.05   Application for permit; fee

   122.06   Prohibited acts

   122.07   Form and conditions of permit

   122.08   Denial, suspension, retraction or revocation of permit; removal of property by city

§ 122.01 PURPOSE AND APPLICABILITY OF CHAPTER.

   The provisions of this chapter shall apply to conforming businesses for the establishment, operation and maintenance of outdoor displays and dining areas located on sidewalks within the city. The purpose of this chapter is to promote economic development and a sense of community within the city for the benefit of all businesses and citizens located there. No rights of individuals or individual businesses are created in this chapter. The administrator, as authorized by the City Manager, shall have broad discretion to grant, modify or revoke permits issued pursuant to this chapter in the interests of improving the public health, safety and welfare of the citizens of the city.

(Ord. 13-010, passed 5-14-13)

§ 122.02 DEFINITIONS.

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   “ADMINISTRATOR.” The City Planner or other city personnel designated by the City Manager to enforce this chapter.

   “DESIGN REQUIREMENTS.” The standards adopted pursuant to this chapter by the city that govern design and materials in encroachment areas.

   “ENCROACHMENT.” Stands, tables, umbrellas, chairs, signs, objects, or other items located in the encroachment area that are related to the outdoor café and regulated by the design requirements.

   “ENCROACHMENT AREA.” The area on the sidewalk where encroachments shall be authorized.

   “OUTDOOR CAFÉ.” The business of providing food and beverage service to patrons seated in chairs at tables within the encroachment area; each outdoor café shall be adjacent to a business licensed to operate as an eating establishment, where food and/or other refreshments are served.

   “PERMITTEE.” The recipient of an encroachment permit under the terms and provisions of this chapter.

   “SIDEWALK.” That area of the public right-of-way, which shall be a minimum width of ten feet, between the curblines or the lateral lines of a roadway and the adjacent property lines and which is reserved for pedestrian traffic, but not including street crossings. No permit shall be issued for a sidewalk that is less than the minimum ten feet in width as provided herein.

(Ord. 13-010, passed 5-14-13)