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(A) Each sidewalk café shall comply in all respects with the specifications set out in the plan submitted to the commissioner, and with the other components of the application.
(B) In the event that the application, including the plan, becomes inaccurate or incomplete in any respect as a result of circumstances or events outside the control of the permittee, the permittee shall notify the commissioner within three business days of such circumstances or events.
(C) Before taking any action that would result in the application, including the plan, becoming inaccurate or incomplete in any respect, the permittee shall seek the prior approval of the commissioner.
(D) Upon being notified of an actual or contemplated change pursuant to either subsection (B) or (C) of this section, the commissioner shall review the change to determine if such change is insubstantial or substantial, using the same criteria as relevant to the commissioner's consideration of an initial application. If such change is insubstantial and if the application, as so changed, meets the criteria for an initial application, the commissioner shall approve the change. If such change is insubstantial and if the application, as so changed, does not meet the criteria for an initial application, the commissioner shall disapprove the change. If such change is substantial, a new permit application shall be required.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)
A sidewalk café shall be for the exclusive use of the licensed retail food establishment or licensed tavern stated on the application. Sharing or other joint use of a sidewalk café location by more than one retail food establishment or tavern 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; Amend Coun. J. 5-31-23, p. 427, Art. II, § 1)
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)
(A) Sidewalk cafés permitted under this article shall not operate earlier than 7:00 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.
(D) Sidewalk cafés that are taverns shall allow for food service on the premises of the sidewalk café.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. IV, § 20; Amend Coun. J. 5-31-23, p. 427, Art. II, § 1)
If a permit application is made for a sidewalk café that would extend to any portion of a public right-of-way in front of a neighboring property, in addition to all other applicable requirements, the following requirements shall apply and shall be required for continued operation:
(A) The insurance coverages furnished in compliance with Section 10-28-815 of the Code shall apply to the entire footprint of the sidewalk café as set forth in the approved plan;
(B) The sidewalk café shall extend to the public right-of-way in front of the neighboring property without interruption;
(C) The sidewalk café may not obstruct the view of any of the occupied neighboring property's windows from the street, or block the door of the neighboring property;
(D) The sidewalk café may not extend to a public right-of-way in front of a neighboring property that is used for the operation of a retail food establishment or retail liquor establishment;
(E) The extension shall be limited to the public right-of-way in front of a single neighboring property; and
(F) If the sidewalk café extends on the property side of the public right-of-way in front of the neighboring property, the applicant shall notify, in writing, the owner and occupant, if any, of such property of the applicant's plan to apply for a sidewalk café permit that would extend on the property side of the public right-of-way in front of the neighboring property. A copy of such notice shall be included with the sidewalk café permit application. No such notice shall be required if the sidewalk café extension is entirely on the curb side of the public right-of-way in front of the neighboring property.
(Added Coun. J. 5-31-23, p. 427, Art. II, § 1)
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)
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 and taverns contained in the Code, as amended, and the rules 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; Amend Coun. J. 5-31-23, p. 427, Art. II, § 1)
(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)
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