As a further condition on the issuance of a license authorizing the operation of an outdoor café in the public right-of-way, the business owner or operator shall conduct and carry out such operation only in the following manner:
A. The hours of operation of outdoor cafés shall be limited to the hours of 6:00 a.m. and 11:00 p.m. of the same day.
B. Outdoor cafés shall not obstruct sidewalk pedestrian traffic, accessibility to vehicles parked adjacent to the curb, or create public health or safety hazards.
C. A five-foot minimum paved clear and unobstructed dimension for pedestrian use shall be required that complies with the Americans with Disabilities Act and all requirements for disabled access.
D. Outdoor cafés shall be used only as seating areas. Storage, kitchen, or restroom uses are not allowed.
E. Signs not in conformance with the sign ordinance are prohibited.
F. Lighting shall not be affixed to any vehicle, tree, or other city property.
G. Noise produced by any audio equipment or other device used to attract attention to the place where the food or beverage is being sold shall not exceed the noise limits prescribed by state laws and regulations or Title 9 of this code. Live amplified music shall not be allowed.
H. Except as permitted by the director, equipment used in the operation of an outdoor café in the public right-of-way shall be removed from the public right-of-way when the operation is not in use.
I. Equipment used and improvements built for the operation of an outdoor café in the public right-of-way shall be maintained and operated in a safe and sanitary manner and in a manner which does not unreasonably obstruct or interfere with the use of a city public right-of-way.
J. Drainage facilities shall remain clear and operational at all times at the sole expense of licensee and all other public facilities and public utilities shall remain free and clear of all obstacles and obstructions.
K. The sidewalk area within 100 feet of the restaurant and outdoor café shall be monitored for trash that may be produced by the operation of an outdoor café and the business owner and operator at their sole expense shall be responsible for keeping this area clean.
L. Appropriate receptacles for trash and cigarettes shall be present in outdoor cafés located in the public right-of-way during all hours of operation and shall be removed from the public right-of-way when the operation is not in use. Receptacles are to be of a type approved by the director.
M. The licensee and business owner(s), as applicable, shall agree, through the execution of an agreement in a form approved by the City Attorney, to hold the city and its elected officials, officers, employees, and agents harmless from any and all liability arising from operation of the outdoor café.
N. Licenses granted directly to business owners or operators shall not be transferable in any manner.
O. The city may conduct periodic inspections of the outdoor café during occupancy to ensure the licensee is in compliance with the maintenance, operations, accessibility, and other requirements of this chapter and all required design and architectural standards.
(Ord. 2102, Ord. 2258 §12, Ord. 2364 §235, Ord. 2409 §12, Ord. 2586 §1)