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(a) Curbside cafes shall not operate between the hours of 10:00 P.M. and 8:00 A.M., Sunday through Thursday, or between the hours of 11:00 P.M. and 8:00 A.M., Friday and Saturday.
(b) A permittee shall not permit any music, whether live or recorded, or other amplified sound to be played at the curbside cafe, other than through headphones.
(c) The permittee shall: (1) install and maintain a physical boundary separating the permitted outdoor seating area from the remainder of the traffic lanes; and (2) construct the curbside cafe to make its floor height the same height as the sidewalk in order to avoid a tripping hazard. The construction, configuration and other characteristics of the curbside cafe floor and physical boundary, including landscaping, shall be set forth by regulation.
(d) The permitted outdoor seating area of the curbside cafes shall be for the exclusive use of the immobile retail food establishment stated on the application. Sharing or other joint use of a curbside cafe location by more than one retail food establishment shall not be permitted.
(e) Only the service of food and alcoholic beverages at curbside cafes are authorized by this article.
(Added Coun. J. 1-13-16, p. 17125, § 1)
If alcoholic beverages are served at the curbside café, the permittee must have a valid liquor license. Alcoholic beverages supplied by the customer or by any person other than the permittee will not be allowed at curbside cafes.
(Added Coun. J. 1-13-16, p. 17125, § 1)
A permittee and his employees shall be subject to and comply with all applicable laws, regulations and other requirements and standards for retail food establishments and the sale of alcoholic beverages.
(Added Coun. J. 1-13-16, p. 17125, § 1)
The commissioner is authorized to promulgate regulations to carry out the purposes of this article, including without limitation regulations governing:
(a) the location, arrangement and design of curbside cafes to ensure the flow of pedestrian and vehicular traffic, the safety of pedestrians and vehicular traffic, and the access to bus stops, loading zones and fire hydrants;
(b) the size, design and other specifications for tables and serving equipment to be used by a permittee, and the design of enclosures or partial enclosures;
(c) the types of food and beverages that may be served at curbside cafes;
(d) the time periods during which an application can be made for a curbside café permit;
(e) landscaping and other aesthetic components of the curbside café; and
(f) any other matter pertaining to this article.
In promulgating the rules regarding the location, arrangement and design of any curbside café, the commissioner shall consult with the commissioner of transportation.
(Added Coun. J. 1-13-16, p. 17125, § 1)
(a) The commissioner is authorized to take such action as necessary to enforce the provisions of this article, including conducting on-site inspections of curbside cafes.
(b) Upon request by the commissioner, a permittee shall provide for inspection any document required by this article, including the curbside café permit, the plan for the curbside café, and proof of insurance.
(c) Any curbside café for which a permit is required by this article, and which has failed to obtain such permit, may be closed by the commissioner until such permit is procured. Upon being notified of closure, all curbside café activity must cease, and all obstructions in the public way, including boundaries, tables and chairs, must be removed.
(d) Any curbside café for which a permit is in effect under this article may be temporarily closed by the commissioner, if the café has been issued notices of violation on three different days during the permit period, each of which pertains to a significant breach of public safety. Non-limiting examples include: (1) café encroachment on the public way beyond plan specifications, (2) a missing or incomplete barrier, or (3) signs, serving tray stands or other objects in the public way. Upon being subjected to a temporary closure, the permittee may provide to the commissioner evidence that the objectionable conditions have been fully remedied. Such temporary closure shall remain in effect until the commissioner is satisfied that the violations have been properly remedied and will not reoccur.
(Added Coun. J. 1-13-16, p. 17125, § 1)
(a) Any person who violates any of the provisions of this article or regulations promulgated hereunder shall be subject to a fine of not less than $200.00 nor more than $500.00 for each offense and each day such a violation continues shall be deemed a separate and distinct offense.
(b) In addition to any other fine or penalty provided, and any person who knowingly interferes with or impedes the commissioner in the enforcement of this article may be subject to incarceration for a term not to exceed six months.
(c) Any curbside café in operation without a valid permit or subject to Section 10-28-1130(d) is subject to removal from the public way by the commissioner. The provisions of Section 10-28-010(i) of the code shall apply to the removal of any portion of a curbside café, from the public way, whether for unpermitted operation or for obstruction of public way; provided, however, that the amount of the fine for a violation shall be as set forth in this section.
(Added Coun. J. 1-13-16, p. 17125, § 1)
In addition to fines and other penalties as provided for herein, three or more violations of any provision of this article or regulations promulgated hereunder within a permit period shall subject the permittee to revocation of the curbside café permit by the commissioner.
(Added Coun. J. 1-13-16, p. 17125, § 1)