10-28-575 Vault space.

   (a)   Every user of vault space, that is located under the public way and that has an area of at least 30 square feet and that is deeper than three feet below the surface grade of the public way, shall cause the vault to be inspected periodically under the certification of a licensed engineer. Vaults within the central business district, as defined in Chapter 9-4 of this Code, shall be inspected annually; vaults outside the central business district shall be inspected no less than once every three years. Required inspections shall be conducted at the vault user's expense. The user of the vault shall maintain records of inspections under this section for a period of three years, and shall make the records available for review by the department of transportation, the department of business affairs and consumer protection and the department of buildings on demand during regular business hours.

   (b)   If the inspection indicates the need for any repairs, alterations or other work, the vault user shall prepare a written report indicating the following: the location of the vault; the purpose for which the vault is used; the date of commencement of the work; the date of completion of the work; the nature of the work; and the name and address of each contractor performing any portion of the work. The report shall be filed with the department of transportation, the department of business affairs and consumer protection and the department of buildings in accordance with rules issued by those departments. In preparing the rules, those departments shall consider the purpose for which the vault space is used, the nature of equipment or items stored in a space, the proximity of vault space to the public way, and other factors that may affect public safety.

   (c)   Any vault user who fails to obtain a required inspection, or who fails to maintain inspection records or file a required inspection report, or who provides false or misleading information in an inspection report, shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 2-9-94, p. 45320; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

10-28-580 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-580, which pertained to violation of chapter and penalty.

ARTICLE X. OUTDOOR DINING STREET* (10-28-590 et seq.)

* Editor's note – Coun. J. 10-3-01, p. 68139, § 5, repealed former Art. X, §§ 10-28-590 – 10-28-630, which pertained to carnivals.

10-28-590 Outdoor dining program with street closure.

   (a)   Wherever used in this article, unless the context clearly indicates otherwise:

   "Commissioner" means the Commissioner of Transportation.

   "Curb lane" means that portion of the public way located between the sidewalk and a portion of a roadway where vehicular traffic is given preferential right-of-way, whether for motor vehicles or bicycles. The curb lane may include a parking lane.

   "Outdoor Dining Street" means a street that has been blocked off, whether in full or in part, from motor vehicle traffic in order to use the space for the outdoor consumption of food and beverage.

   "Outdoor Dining Street Permit" means "Outdoor Dining Street Full-Closure Permits" and "Outdoor Dining Street Curb Lane Permits".

   "Permittee" means a business that has received an Outdoor Dining Street Permit.

   "Retail food establishment" means any building, room, stand, enclosure, place or establishment occupied and used as a place of business for the purpose of serving, selling, and offering for sale at retail any article of food for human consumption. The term shall only include places that provide for the on-premises consumption of food, such as restaurants, coffee shops, cafeterias, luncheonettes, grills, tearooms, sandwich shops, and soda fountains.

   "Street" has the meaning ascribed to the term in Section 9-4-010.

   (b)   A permit shall be required to operate an Outdoor Dining Street.

   (c)   Outdoor Dining Street Full-Closure Permit. Three or more licensees who hold valid retail food establishment licenses or tavern licenses may apply to the Commissioner of Transportation to close the street on a block between two intersections to obtain an Outdoor Dining Street Full-Closure Permit for the purpose of serving the food and beverage provided by their licensed establishments on the public way. To be eligible for an Outdoor Dining Street Full-Closure Permit, at least fifty percent of the licensees shall be retail food establishments and the licensed premises of participating establishments shall be located directly adjacent to the Outdoor Dining Street.

   (d)   Outdoor Dining Street Curb Lane Permit. A licensee who holds a valid retail food establishment license or tavern license and has a licensed premises directly adjacent to the portion of the street sought to be temporarily modified may apply to the Commissioner to close a portion of a curb lane in front of the licensed premises to obtain an Outdoor Dining Street Curb Lane Permit for the purpose of serving the food and beverage provided by their licensed establishment on the public way.

   (e)   No smoking shall be allowed in the area designated for the Outdoor Dining Street.

   (f)   An Outdoor Dining Street Permit shall be valid from May 1st to and including October 31st of the year of its issuance. The fee for an Outdoor Dining Street Permit shall be determined by the Commissioner, taking into account land values, and shall be set by rule.

(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)

10-28-591 Permit application procedure.

   Application for any Outdoor Dining Street Permit shall be submitted to the Commissioner, who shall make available forms for this purpose. The applicant shall provide such information on the application as the Commissioner may require by rule, including, but not limited to:

   (a)   Proof that the applicant holds a valid retail food establishment or tavern license issued to the establishment that will provide food for the outdoor dining.

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

   (c)   A plan for the outdoor dining space, complying with applicable rules, and shall contain:

      (1)   a site plan, showing the locations of proposed barricades, street closures, and access points;

      (2)   a description of how the permittees, individually and collectively, will comply with the requirements of this article and rules issued pursuant to the article;

      (3)   an emergency plan, including (i) an emergency contact; (ii) ingress and egress points for vehicles that may need to enter such as fire trucks, ambulances, police vehicles, and construction and utility vehicles;

      (4)   a plan to ensure that the Outdoor Dining Street is cleaned on a daily basis; and

      (5)   a plan demonstrating that the outdoor dining shall not unreasonably interfere with: (i) adequate pedestrian and bicycle flow; (ii) access to building entrances; (iii) pedestrian and traffic safety; and (iv) the aesthetic quality of the surrounding area.

(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)