ARTICLE XIII. VIOLATION OF CHAPTER PROVISIONS (10-28-990 et seq.)

10-28-990 Violation – Penalty.

   Any person violating any of the provisions of this chapter, where no other penalty is specifically provided, shall be fined not more than $50.00 for each offense.

(Prior code § 34-50; Amend Coun. J. 3-15-00, p. 27687, § 3)

ARTICLE XIV. PILOT PROGRAM – CURBSIDE CAFES (10-28-1000 et seq.)

10-28-1000 Pilot program.

   A curbside cafe permit pilot program is hereby established. The program shall run from January 1, 2016 to December 31, 2017.

(Added Coun. J. 1-13-16, p. 17125, § 1)

10-28-1010 Definitions.

   Wherever used in this article, the following definitions apply:

   “Alcoholic beverages”, “Commissioner”, “Department” and “Food” have the meaning ascribed to those terms in Section 10-28-800.

   “Curbside cafe” means that portion of an immobile retail food establishment operating, pursuant to a permit, in a section of the traffic lane closest to the curb that is normally used for parking.

   “Immobile retail food establishment” means a retail food establishment issued a retail food license for a fixed location inside a building.

   “Permittee” means a person who has been issued a curbside cafe permit.

(Added Coun. J. 1-13-16, p. 17125, § 1)

10-28-1020 Permit required for curbside cafe.

   No person shall operate a curbside cafe without first obtaining a permit under this article. A curbside cafe permit shall be valid from May 1st to and including September 30th of the year of its issuance. The fee for the permit shall be $600.00. In addition to the permit fee, the permittee shall pay an amount equal to any anticipated lost parking meter revenue for any parking space used for the operation of the curbside cafe.

(Added Coun. J. 1-13-16, p. 17125, § 1)

10-28-1030 Permit application and approval procedure.

   An application for a curbside cafe permit shall be submitted to the commissioner in a form and format prescribed by the commissioner. The application shall be filed in the same year in which the permit will be issued. The applicant shall include:

   (a)   Proof that the applicant holds a valid retail food establishment license for an immobile retail food establishment.

   (b)   Proof of insurance as required by this article.

   (c)   A detailed plan for the curbside cafe, complying with applicable regulations and demonstrating that the curbside cafe shall not unreasonably interfere with: (1) adequate pedestrian or vehicular flow; (2) pedestrian and vehicular safety; or (3) the aesthetic quality of the surrounding area. The plan shall also clearly show the location of any fire hydrant, protected bicycle lane, intersection, bus stop, and loading zone, and indicate the distance of such items from the proposed location of the curbside cafe.

   (d)   Applications shall be processed on a first-in- time basis. If two or more applications are filed at the same time for a location on the same side of a block and both applications meet the requirements of this article for approval, the commissioner shall conduct a lottery to determine which application to approve.

   (e)   Any other pertinent information reasonably required by the commissioner.

(Added Coun. J. 1-13-16, p. 17125, § 1)

10-28-1040 Insurance required.

   Each applicant shall furnish proof of insurance evidencing commercial general liability insurance with limits of not less than $500,000.00 per occurrence, $1,000,000.00 in the aggregate combined single limit, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30 days prior written notice to be given to the commissioner if coverage is substantially changed, canceled or non- renewed.

   The city shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operations of a curbside café; and the permittee shall indemnify, defend and hold the city harmless from any loss that results directly or indirectly from the permit issuance.

   If alcoholic beverages will be served at the curbside café, the applicant shall provide proof of liquor liability (dramshop) insurance for the curbside café as required by Section 4-60-040 (c)(2) of this code.

   Each permittee shall maintain the insurance coverage required under this section for the duration of the permit. The proof of insurance shall be presented to the commissioner prior to the issuance of a permit. Failure of the permittee to maintain the insurance shall result in the revocation of the curbside café permit.

(Added Coun. J. 1-13-16, p. 17125, § 1)

 

Notes

4-60-040

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