(A) No person or entity shall place tables, chairs, or other seating for tables (collectively “seating”) on the public rights-of- way, including public sidewalks and streets, unless that person first has obtained a license for these tables and seating from the City Administrator, or his or her designee (“City Administrator”) . A licensee must be obtained for all tables and seating placed on public sidewalks or streets (“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 § 116.04 below. The licensee must follow the rules and regulations outlined in this chapter and the City Administrator is authorized to promulgate other written regulations for this purpose in the future.
(B) Licenses for tables and seating shall only be issued for commercial properties located in the Central Business District (“CBD”).
(C) 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. Picnic benches are not permitted. The City Administrator shall be empowered to enforce this provision, using the Historic Design Guidelines or other guidelines promulgated for this purpose.
(D) Licenses for tables and seating may only be permitted in locations on public sidewalks and rights-of-way that are deemed appropriate by the City Administrator, who 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, is noncompliant with the Americans with Disabilities Act, blocks or inhibits vehicle sightlines, or creates a public nuisance. No license shall be issued to an applicant who is not current its obligations to the city, including any delinquency on taxes or loans and/or outstanding violations of building, property, or nuisance codes or other ordinances.
(Ord. 2022-12, passed 5-3-22) Penalty, see § 116.99