(A) (1) No person or entity shall place tables or seating for tables (hereinafter collectively “seating”) on the public right-of-way, including public sidewalks, (hereafter “public sidewalks”) unless that person first has obtained a license for the tables and seating from the City Manager, or his or her designee, (hereafter collectively “City Manager”) and has had such seating approved by the City Engineer. This license must be obtained for all tables and seating on public sidewalks or plazas (“the licensed premises”) and this license shall be automatically renewed on an annual basis upon the payment of the annual fee as set forth in division (G) below. The City Manager is authorized to promulgate written regulations that define appropriate seating.
(2) Licenses for tables and seating shall only be issued for areas located throughout the city that are designated “commercial” zones as indicated in Article 3 of the Zoning Ordinance, and the ART Zones as indicated in Article 4 of the Zoning Ordinance.
(3) Licenses for tables and seating shall only be issued for tables and seating that are of a design, size and scale appropriate to the character of the neighborhood in which the tables are to be located. The City Manager shall be empowered to enforce this provision, using the Historic Covington Design Guidelines or other guidelines as approved and maintained by the Community Development Department as a guide to making such a determination.
(4) Licenses for tables and seating may only be permitted in locations on the public right- of-way that are deemed appropriate by the City Manager. The City Manager may refuse to grant a license that he or she believes may be injurious to the health, safety and well-being of the pedestrians and the general public, causes noncompliance with the Americans with Disabilities Act, blocks or inhibits vehicle sightlines or creates a public nuisance, as defined by the city’s nuisance ordinance. No license shall be issued to an applicant that is not current on his, her or its obligations to the city, including taxes, loans, liens and unremediated violations of the city building or nuisance codes.
(B) The license shall specify the number of tables and chairs and the specific location of the tables and seating. The licensee shall place the tables and seating only in the areas designated in the license. The applicant shall provide the following to the City Manager before qualifying for the issuance of a license:
(1) The name of the applicant, including the type of organization, e.g., proprietorship, partnership, corporation, limited liability company and the person responsible for compliance with this subchapter;
(2) The address of the applicant; and
(3) A map or diagram drawn to scale depicting the number, type and dimensions of tables and seating. The map shall illustrate the width of the sidewalk and specifically identify where the tables and seating or benches will be located.
(C) The following provisions and certifications shall be conditions of any license granted by the City Manager:
(1) Inclusion of a release and indemnification provision releasing and indemnifying the city from personal injury and property damage liability resulting from the use of the tables and seating;
(2) Certification that the applicant will provide adequate trash receptacles outdoors for the tables and seating and certification that the applicant will empty these receptacles at reasonable time intervals to ensure that the receptacles do not overflow with trash and debris onto the public right-of-way;
(3) Certification that the licensee will clean the right-of-way on which tables and seating are placed, including sidewalks and abutting curbs and gutters, of all litter and debris each night after outdoor service is finished;
(4) Certification that the license will permit outdoor service until 12:45 a.m. with all outside seating prohibited after 1:00 a.m. every night of the week. An exception shall be the public plaza around the Goose Girl Fountain, where on Sunday through Thursday, the license will permit outdoor service until 10:45 p.m. with all outside seating prohibited after 11:00 p.m., and on Friday and Saturday nights, the license will permit outdoor service until 11:45 p.m. with all outside seating prohibited after 12:00 a.m. midnight;
(5) Certification that all outdoor music over public sidewalks or plazas, whether live or amplified by outdoor speakers, will comply with the city's noise ordinance codified at § 92.07.
(6) Certification that the applicant is the owner of the property abutting the sidewalk, or if a lessee of the property, a certification of ownership from the lessee’s landlord must be submitted;
(7) (a) The licensee, at its sole expense, shall maintain comprehensive general liability insurance, protecting against all claims for personal injury, death or property damage occurring upon, in or about the licensed premises resulting from the use of occupancy thereof, with a minimum of $50,000 in coverage and limits acceptable to the city for the entire term of the license agreement and any extension thereof. The city must be named in this policy as an additional insured entity; and
(b) The licensee shall include copies of all policies of insurance with evidence of the payment of the premiums thereon with his, her or its application. A licensee shall deliver to the city at least ten days prior to the expiration of such policy, evidence that it has been renewed. All policies of insurance carried hereunder shall provide that they cannot be canceled without giving at least ten days’ prior written notice to the city and shall be written by insurance companies licensed by the commonwealth and reasonably satisfactory to the city. Any insurance carried by a licensee on his, her or its own property or for his, her or its own benefit in connection with this section shall contain a clause waiving any claim by the insurance company for subrogation against the city.
(8) The licensee shall ensure that no part of the right-of-way, sidewalk or curb is damaged by his, her or its outdoor seating, including prevention of stains on sidewalks and curbs caused by the seating. The licensee shall refrain from using any harsh or damaging chemicals to clean any stamped concrete sidewalks or surfaces upon which tables or seating is placed. The licensee further agrees that any damage caused to a city right-of-way, sidewalk or curb by the licensee’s seating will be repaired or repair costs reimbursed by the licensee;
(9) The licensee shall maintain the right-of-way used for outdoor dining during the winter months (November to February), including cleaning the paved surface, and shall ensure that all seating is removed from the sidewalk during these months when not in use; and
(10) Any other information reasonably required by the City Manager to properly administer the intent of this subchapter.
(D) A four-foot pedestrian way shall be kept clear through the licensed premises at all times (“pedestrian easement”). Tables and seating shall not be allowed in this pedestrian easement. Service and consumption of the licensee’s food and drink shall be allowed only to those who are seated in the licensed premises. All seating must accompany tables. Tables and chairs may be moved together to allow patrons to sit together so long as the pedestrian way is maintained. This requirement shall be strictly enforced.
(E) No alcoholic beverages shall be served or consumed on the public sidewalk, unless the portion of the public sidewalk where the permitted tables and seating are located is included in the “licensed premises” for a licensed liquor by the drink restaurant, tavern or dining facility as approved by the City Alcoholic Beverage Control Administrator and the State Department of Alcoholic Beverage Control or otherwise allowed by law and the license holder enters into a separate license agreement with the city.
(F) It shall be the responsibility of the licensee to maintain the licensed premises in orderly fashion, including requiring that all persons within the licensed premises behave in an orderly fashion and not generate excessive noise. This requirement shall be strictly enforced.
(G) The cost of the license shall be $20 per two-top table and $40 per four-top table annually for tables placed on public sidewalks or plazas. Payment shall be made to the office of the City Manager by December 1 of each year for the following calendar year. Upon issuance of a license agreement by the city and payment of the annual license fee by the licensee, the licensee shall be permitted to place tables and seating on the public sidewalks on a continuous basis from March 1 until October 31. Tables and seating may not be placed on public sidewalks on a continuous basis from November 1 until February 28. If the licensee makes improvements to the sidewalk and curbs adjacent to his, her or its business, has obtained a revocable easement from the city for this area, and receives permission of the city to construct such improvements, then the licensee may apply to the City Manager to have these fees waived on a yearly basis, up to the actual amount paid for the construction of the improvements. These fees may be waived for a maximum period of three years, commencing from the completion date of the improvement.
(H) Any license issued by the city to allow for placement of tables and seating on the public sidewalks shall not be assigned or transferred to third party without the prior written consent of the City Manager.
(I) A license may be revoked by the city upon seven days’ written notice upon a finding by the City Manager that the licensee has violated any terms of this section, has failed to abide by the terms or conditions set forth in the license or upon a finding by the City Manager that the licensee has violated city ordinances or state or federal law. A license may also be revoked by the City Manager if the licensed establishment has two or more convictions for violating the city’s noise control ordinance within a 12-month period, or the licensee or an employee of the establishment has been convicted of serving alcohol to a minor. If a license is revoked, the licensee shall not be eligible to reapply for a license until one year has passed from the date of the license revocation. The licensee may appeal this revocation to the City Board of Commissioners within seven days of the notice of revocation. If a former licensee fails to appeal a license revocation within the time frame set forth herein, such decision shall not be subject to further review.
(1984 Code, § 96.70) (Ord. O-04-20, passed 1-28-2020
; Ord. O-13-22, passed 7-19-2022)
Penalty, see § 96.999