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(A) There shall be a minimum of 42 inches, exclusive of the area occupied by the sidewalk cafe or outdoor seating, designed to allow adequate pedestrian movement. Cafes or outdoor seating shall only be permitted where it is determined that the use will not create a hazard, a sight distance obstruction for motor vehicle operators, nor unduly impede pedestrian traffic. The City Manager or designee shall determine when a hazardous condition exists in the public right-of-way.
(B) Sidewalk cafes or outdoor seating may only be located adjacent to the establishment with which they are associated. Sidewalk cafes or outdoor seating areas must remain clear of litter, food scraps, and soiled dishes at all times.
(C) Employees of the establishment shall continuously supervise outdoor dining areas serving alcoholic beverages.
(D) Setting up a barrier such as planters or a railing to physically separate patrons from pedestrian traffic shall delineate the perimeter of a sidewalk cafe serving alcoholic beverages. All barriers used for sidewalk cafes serving liquor shall also conform M.L.C.C. regulations.
(E) Furnishings for a sidewalk cafe or outdoor seating shall consist solely of readily removable railings, posts, tables, chairs, planters, and table umbrellas. Furnishings may only be attached or secured in a manner approved by the City Manager or designee. Such anchoring devices, when removed, shall not create a hazard for pedestrian traffic. Objects, which are part of the sidewalk cafe or outdoor seating, may be attached or secured to any building or structure on which the sidewalk cafe or outdoor seating abuts in a manner approved by the City Manager or designee.
(F) No structure or enclosure to accommodate the storage of accumulated garbage may be erected or placed adjacent to or near the sidewalk cafe or outdoor seating located on public property. Each establishment shall be responsible for providing appropriate containers for disposing of garbage or waste and employees shall not use city trash containers for disposing of garbage or waste.
(G) A sidewalk cafe or outdoor seating shall not interfere with any public service facility, such as a telephone, mailbox, or bench located on a sidewalk or public property.
(H) Operation of a sidewalk cafe or outdoor seating shall not adversely impact adjacent or nearby residential, religious, educational, or commercial properties and shall be in accordance with all applicable codes and regulations.
(I) Tables, chairs, table umbrellas, railings, planters, and any other objects provided with the sidewalk cafe or outdoor seating shall be of quality design, materials, and workmanship both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the area. Such equipment shall be routinely cleaned, painted, or replaced and may be inspected by the City Manager or designee.
(Ord. passed 4-12-05) Penalty, see § 119.99