A. Clear Lane: A minimum sixty inch (60") clear pedestrian path must be maintained at all times to allow adequate pedestrian movement; provided, the governing body may authorize a narrower pedestrian path, not less than thirty six inches (36"), for short distances when the sidewalk cafe is not located in Wyoming department of transportation right of way and pedestrian traffic is minimal. Any area potentially subject to overhang from parked vehicles shall not be included as part of the required pedestrian path. Potential vehicle overhang shall be determined pursuant to section 10-16-10, table 2 of this code.
B. Nonhazardous Location: Cafes shall only be permitted where it is determined that the use will not create a hazard and where it will not create a sight distance obstruction for motor vehicle operators.
C. Location To Associated Establishment: Sidewalk cafes may only be located adjacent to the establishment with which they are associated.
D. Furnishings: Furnishings of a sidewalk cafe shall consist solely of readily removable awnings, covers, railings, tables, chairs, planters containing plants and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property, except that covers and railings may be secured by means of flush mounted anchors in a manner to be approved by the public works director. No objects which are part of a sidewalk cafe, except lighting fixtures, railing, awning or other nonpermanent covers, may be attached, even in a temporary manner, to any building or structure on which the sidewalk cafe abuts. All furnishings and fixtures shall be removed from public property at any time that the sidewalk cafe permit is inactive, such as during the dates of November 2 through March 31, or in the case of permit revocation.
E. Refuse Storage: No structure or enclosure to accommodate the storage of accumulated garbage may be erected or placed adjacent to or separate from the sidewalk cafe on public property.
F. Interference With Public Service Facilities: A sidewalk cafe shall not interfere with any public service facility, such as telephone, mailbox or bench, located on a sidewalk.
G. Impact On Adjacent Properties: Operation of a sidewalk cafe shall not adversely impact adjacent or nearby residential, religious, educational or commercial properties, and shall be in accordance with all applicable codes and regulations.
H. Electrical Requirements: All electrical wiring and fixtures associated with or part of the sidewalk cafe shall be permitted by the building department then installed and remain in conformance with the appropriate codes of the city.
I. Quality Of Furnishings: Tables, chairs, umbrellas and any other objects provided with the sidewalk cafe shall be of quality design, materials and workmanship both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the urban environment.
J. Noise: Noise from the sidewalk cafe shall not interfere with residential, lodging, or other property uses in the area.
K. Closing Upon Violation: The establishment of a sidewalk cafe pursuant to the permit (minor or major), and the operation and maintenance of a sidewalk cafe, shall be considered to be a privilege and not a right, and the governing body reserves the authority to order the closing of any sidewalk cafe forthwith upon the conviction of a permittee in municipal court of a violation of this section.
L. Fees For Permit: The fees for the permit under this section 7-2-12 shall be seventy five dollars ($75.00) for a minor sidewalk cafe, one hundred fifty dollars ($150.00) for a major sidewalk cafe, or those fees on file with the administrative services officer which have been approved by the governing body by resolution. No permit shall be issued by the administrative services officer unless the fees required by this section 7-2-12 are paid.
M. Insurance Requirement: Each permittee of a minor sidewalk cafe shall file with the administrative services officer evidence of liability insurance equal to one million dollars ($1,000,000.00) per occurrence. Also, the applicant shall provide proof of insurance at the time of application. The applicant shall require the insurance carrier to provide the city with thirty (30) days' prior written notice of cancellation of any policy.
N. Nonliability: A signed agreement to defend, indemnify, save, and hold harmless the city and all of its officers, agents or employees from any liability for damages resulting from any and all occupancy and operations under a permit granted pursuant to this section 7-2-12 shall be submitted along with the application to the administrative services officer. (Ord. 2015-05, 5-5-2015)