(a) Outdoor seating areas shall only be permitted in the B-1 zone.
(b) All outdoor seating areas shall be allowed to operate during the regular business hours of the associated business.
(c) The service of alcohol in outdoor seating areas is permitted so long as proper liquor license permitting is obtained from both the City of Creede Liquor Licensing Authority and the State of Colorado.
(d) All food to be served within an outdoor seating shall be prepared within the associated establishment.
(e) The outdoor seating permit issued in accordance with this Chapter shall be prominently displayed within the existing establishment along with other required permits and licenses.
(f) From November 1 to May 31, chairs, railings, posts, planters, table umbrellas, and other items shall be removed from the public right-of-way. It shall be the responsibility of the establishment to secure adequate storage of these items.
(g) The maintenance of an outdoor seating area shall be the responsibility of the associated establishment including, but not limited to, surface treatment and cleaning, litter control, sweeping and snow and ice removal. The outdoor seating area shall be kept neat and clean at all times and free from any substance that may cause damage to the sidewalk or public property or cause pedestrian injury.
(h) During periods of snow accumulation, the placement of tables, chairs, table umbrellas, railings, posts, planters, and other equipment associated with the operation of an outdoor seating shall be removed and all activities shall cease.
(i) The operation of an outdoor seating area shall not interfere with the set up or the operation of any special event. When there is a conflict, the outdoor seating area must be removed in its entirety for the duration of said conflict. Conflicts shall be determined by and in the sole discretion of the City Manager.
(j) All tables, chairs, table umbrellas, railings, posts, planters, and other equipment associated with the operation of an outdoor seating area shall be removed and stored inside of the associated establishment each night. (Ord. 419 § 1, 2020; Ord. 428 § 1, 2021)