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The department shall review a submitted application for compliance with this article and regulations.
(A) Except with regard to renewal applications governed by subsection (B), if the commissioner finds that the applicant meets the requirements of this article and the regulations promulgated hereunder, the commissioner shall provide the application to the alderman of the affected ward, together with a recommendation for introduction of an ordinance approving the application. Such approval shall not be unreasonably withheld. Once an ordinance approving the application is effective, the commissioner shall issue the sidewalk café permit to the applicant.
(B) For purposes of this section, “renewal application” means an application for the operation of a sidewalk café at the same location and by the same person approved by the city council within the previous 12 months.
If the commissioner finds that a renewal application meets the requirements of this article and the regulations promulgated hereunder, the commissioner shall prepare an ordinance, which ordinance may include a group of renewal applications, for approval by the city council. Such approval shall not be unreasonably withheld. Once an ordinance approving the renewal application is effective, the commissioner shall issue the sidewalk café permit to the applicant.
(C) If the commissioner finds that the applicant fails to meet the requirements of this article or the regulations promulgated hereunder, or if approval by ordinance is withheld, the commissioner shall deny the application or renewal application. The commissioner shall notify the unsuccessful applicant in writing of the denial and the reasons therefor within ten business days after the denial. An applicant for renewal that was subjected to, or eligible for, temporary closure as a result of violations pursuant to Section 10-28-870(D) during the prior permit period, if those violations have been finally adjudicated and sustained, shall be subject to: (i) denial of the renewal or (ii) having the renewal conditioned upon a written plan of operation or other set of conditions that the commissioner determines is necessary to ensure compliance with this Chapter. An applicant for a permit that was issued two or more notices of violation pursuant to Section 10-28-870(C) during the prior permit period, if those violations have been finally adjudicated and sustained, shall be subject to denial of the permit for the permit period applied for.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 11-19-14, p. 98037, § 22; Amend Coun. J. 6-17-15, p. 1342, § 1)
(A) Each sidewalk café shall comply in all respects with the specifications set out in the plan submitted to the commissioner, and with the other components of the application.
(B) In the event that the application, including the plan, becomes inaccurate or incomplete in any respect as a result of circumstances or events outside the control of the permittee, the permittee shall notify the commissioner within three business days of such circumstances or events.
(C) Before taking any action that would result in the application, including the plan, becoming inaccurate or incomplete in any respect, the permittee shall seek the prior approval of the commissioner.
(D) Upon being notified of an actual or contemplated change pursuant to either subsection (B) or (C) of this section, the commissioner shall review the change to determine if such change is insubstantial or substantial, using the same criteria as relevant to the commissioner's consideration of an initial application. If such change is insubstantial and if the application, as so changed, meets the criteria for an initial application, the commissioner shall approve the change. If such change is insubstantial and if the application, as so changed, does not meet the criteria for an initial application, the commissioner shall disapprove the change. If such change is substantial, a new permit application shall be required.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)
A sidewalk café shall be for the exclusive use of the licensed retail food establishment stated on the application. Sharing or other joint use of a sidewalk café location by more than one retail food establishment shall not be permitted. The foregoing prohibition shall not apply to an owner or manager of an indoor retail market, who is allowed to operate a sidewalk café which can be shared by multiple retail food establishments which occupy space within the indoor retail market.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)
A sidewalk café permit shall only authorize food and alcoholic beverage service at the sidewalk café. Regardless of what other activity may take place inside the establishment pursuant to license or permit, such activity shall not be allowed at the sidewalk café by virtue of the sidewalk café permit.
(Added Coun. J. 3-15-00, p. 27687, § 4)
(A) Sidewalk cafés permitted under this article shall not operate earlier than 8:00 a.m. nor later than 12:00 midnight.
(B) Sidewalk cafés permitted under this article shall not play music, whether live or recorded, nor allow music to be played at the sidewalk café, other than through headphones.
(C) The operator of a sidewalk café shall install and maintain a physical boundary separating the permitted outdoor seating from the remainder of the public way. The operator shall leave six feet of public way unobstructed for pedestrian passage; the commissioner may alter this requirement by regulation in a situation where adherence to the requirement would make operation of a sidewalk café impossible and reduction of the unobstructed portion of the public way would not compromise pedestrian safety. The construction, configuration and other characteristics of the boundary, including landscaping, shall be set forth by regulation.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)
If alcoholic beverages are served at the sidewalk café, the operator must be validly licensed under this code for such sales; provided, however, an owner or manager of an indoor retail market operating a sidewalk café is not required to be licensed for the sale of alcoholic beverages. If alcoholic beverages are served at a sidewalk café operated by an indoor retail market, (i) the retail food establishment selling the alcoholic beverages must be validly licensed under this code for such sales; (ii) the retail food establishment serving the alcoholic beverage must maintain its liquor liability (dramshop) insurance when serving the alcoholic beverages; and (iii) the alcoholic beverages must be served in plastic cups which shall clearly identify the retail food establishment from which each alcoholic beverage was purchased. Alcoholic beverages supplied by the customer or by any person other than the permittee will not be allowed at sidewalk cafés.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)
All holders of a sidewalk café permit, retail food establishments selling food or alcoholic beverages in a sidewalk café operated by an owner or manager of an indoor retail market, and their employees shall be subject to and comply with all applicable requirements and standards for retail food establishments contained in the code, as amended, and the rules and regulations promulgated thereunder, and all laws, rules and regulations pertaining to the sale of alcoholic beverages.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)
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