(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)