The permit required by this chapter shall be issued by the administrator on a form approved by the city, with such changes as otherwise approved by the City Manager. In addition to naming the permittee and any other information deemed appropriate by the administrator, the permit shall contain the following conditions:
(A) Each permit shall be effective for one year, beginning July 1 and ending June 30. Permits issued after July 1 of any year shall be valid from the date of issuance through the next occurring June 30. Permits may be renewed annually by the city. No fees shall be refunded for any reason.
(B) The permit issued shall be personal to the permittee only and shall not be transferable or assignable in any manner.
(C) The permit may be suspended by the administrator when necessary to clear the sidewalk for public safety for a community or special event authorized by a permit issued by the city.
(D) The administrator may require the temporary removal of items within the encroachment area when street, sidewalk, common area or utility repairs necessitate such action.
(E) The permit shall be specifically limited to the area shown on the plat diagram attached to the permit application. As a condition of approval, the city may reduce and otherwise reconfigure the proposed area and the number of requested chairs, tables, and items within the encroachment area.
(F) The encroachment area covered by the permit shall be maintained in a neat and orderly appearance at all times, and the area shall be cleared of all debris on a periodic basis during the day, and again at the close of each business day.
(G) No advertising is permitted (except for the posting of prices) on any stand or item, except to identify the name of the product.
(H) No tables or chairs or any other parts of the business shall be attached, chained or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area in a manner which causes or threatens to cause injury to any person or damage to public or private properties. No additional outdoor seating authorized under this chapter shall be used for calculating seating requirements pertaining to location of, application for or issuance of an ABC license for any establishment, or be used as the basis for computing required seating for restaurants and dining rooms, or as grounds for claiming exemption from the requirements under the provisions of any city ordinance or state law.
(I) The issuance of a permit does not grant or imply vested rights to use of the encroachment area by the permittee. The city retains the right to deny the issuance of a permit or the renewal of a permit for any or no reason.
(J) Tables, chairs, umbrellas and any other objects provided shall be maintained with a clean and attractive appearance and shall be kept safe and in good repair at all times. Umbrellas must be of a color that complements the accompanying business storefront. Umbrellas may be used to the extent they do not interfere with trees. No portion of an umbrella may be less than seven feet above the sidewalk. Umbrellas may contain signage provided it is no larger than 25% of the area of each side of the umbrella and must be approved by the administrator prior to installation.
(K) The city retains the right to suspend the privilege of using glass containers within the encroachment area during major festivals and events and when streets are closed. The use of glass containers will be revoked if an incident jeopardizes the health, safety and welfare of customers or the general public. Any violation of state or local laws will also result in a revocation of this privilege. Repeated offenses may result in revocation or denial of the encroachment permit.
(L) The serving and consumption of alcoholic beverages within the outdoor café is limited to beer and wine. No hard-liquor may be served or consumed in the outdoor café. The serving and consumption of beer and wine within the encroachment are pursuant to this chapter and is limited to patrons seated at tables.
(M) The city may require the posting or placement of the permit and relevant notices to facilitate the administration and enforcement of this chapter.
(Ord. 13-010, passed 5-14-13)