10-28-830 Permit – Assignment or transfer prohibited.

   No permittee shall assign or transfer a sidewalk café permit.

(Added Coun. J. 3-15-00, p. 27687, § 4)

10-28-835 Permit for one retail food establishment only.

   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)

10-28-840 Permit for food and alcoholic beverage service only.

   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)

10-28-845 Operational conditions.

   (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)

10-28-850 Alcoholic beverage service – Requirements.

   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)

10-28-855 Compliance with code and rules and regulations required.

   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)

10-28-860 Promulgation of regulations; force and effect.

   (A)   The commissioner is authorized to promulgate regulations to carry out the purposes of this article, including without limitation regulations governing:

      (1)   The location, arrangement and design of sidewalk cafés to ensure the flow of pedestrian traffic, the safety of pedestrians and auto traffic, the access to buildings and transportation facilities, the prevention of an excessive number of cafés, and the best service to the public;

      (2)   The size, design and other specifications for tables and serving equipment to be used by operators, and the design of enclosures or partial enclosures;

      (3)   The types of food and beverages that may be served at sidewalk cafés;

      (4)   The time periods during which application can be made for a sidewalk café permit;

      (5)   Landscaping and other aesthetic components of the sidewalk café; and

      (6)   Any other matter pertaining to this article.

   (B)   A permittee shall comply with the regulations promulgated pursuant to this article, which shall have the force and effect of law.

(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)