(a) Each permit issued shall be valid for the calendar year in which it is issued, and the sidewalk cafe may be operated on any day that the weather permits such operation. Requests for renewals shall be filed with the Administrator after the first day of January. The Administrator may approve, approve with additional conditions, or deny the request for renewal.
(Ord. 2009-22. Passed 3-23-09.)
(b) The permit issued shall be valid only for the permittee and is not transferable in any manner.
(c) The permit may be temporarily suspended by the Administrator if the public interest requires use of the right-of-way for a public event, construction, repair, or any other public purpose.
(d) The permit is specifically limited to the area approved or as modified by the Administrator, and will include a diagram indicating the area approved for the sidewalk cafe and the location of any tables, materials or equipment permitted to be in the right-of-way.
(e) The sidewalk and all things placed there shall at all times be maintained in a clean and orderly condition. Only those items authorized by the permit and shown on the diagram may be stored in the public right-of-way when the sidewalk cafe is not in operation. Should the permittee not utilize the sidewalk as authorized for a period of 48 hours or more, all the tables and materials shall be removed therefrom.
(f) The permittee shall clear any litter from the public sidewalk in the area of operation of a sidewalk cafe at the close of business and provide additional trash containers as specified by the Administrator.
(g) No signs shall be attached to any furniture, umbrellas, awnings, or other structure related to the operation of the sidewalk cafe.
(h) Sidewalk cafes shall be continuously supervised by employees of the establishment and may be occupied only during the hours of operation of the establishment.
(i) Sidewalk cafes shall meet all requirements of the Cuyahoga County Health Department.
(j) Tables, chairs, and other materials associated with the sidewalk cafe shall be kept free of litter and other debris at all times. Where establishments provide take-out or selfservice, an adequate number of employees must be maintained to clear sidewalk cafes on a regular basis. Sidewalk and flooring areas must be cleaned daily, including adjacent sidewalk areas.
(k) The Village of Chagrin Falls has the right to repeal or amend this chapter and thereby terminate or modify all sidewalk cafe operations. No permittee shall obtain any property right in the continued private commercial use of the public sidewalk.
(l) Businesses which intend to serve alcoholic beverages at a sidewalk cafe must meet the following additional requirements
(1) The business shall hold a valid Ohio Liquor Control Commission liquor license.
(2) Storage of containers commonly used for dispensing alcoholic beverages to customers including but not limited to bottles, pitchers, and carafes must be kept inside the business. No taps, kegs, coolers, or other alcoholic beverage storage devices are allowed outside on the sidewalk.
(3) Sidewalk cafes where alcoholic beverages are served and consumed require supervision by employees of the license business, as required by the Ohio Department of Liquor Control liquor license.
(4) All service and consumption of alcoholic beverages at sidewalk cafes shall discontinue by 11 p.m.
(5) All alcoholic beverage service providers must also provide food service in the licensed area.
(Ord. 2007-23. Passed 3-26-07.)