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A. Right To Limit Number Of Cafe Areas: The city manager shall have the right in the city manager's discretion to limit the number of sidewalk cafe areas.
B. Advertising: Advertising shall not be permitted in the sidewalk cafe area except for the name of the establishment, which may be placed on chairs, tables, umbrellas or other amenities, as approved by the city manager. The amenities used in the sidewalk cafe area shall at all times be maintained in good condition.
C. Blocking Building Entrances Or Exits: No building entrances or exits shall be blocked in a sidewalk cafe area. (2007 Code § 41-185)
D. Obstructing Pedestrian Right Of Way: The operation of the sidewalk cafe shall not obstruct the pedestrian right of way adjacent to the sidewalk cafe area. No sidewalk cafe furniture or barricade shall be placed closer than four feet (4') to a street, light pole, meter pole or other infrastructure so as to create an unobstructed route of less than four feet (4') in width. The sidewalk cafe shall be enclosed by a barricade not less than thirty inches (30") high and not more than forty inches (40") high. A sidewalk cafe shall remain within the approved boundaries of the sidewalk cafe area as shown on the restaurant owner's application.
E. Restroom Capacity: The city manager may require additional restroom capacity for a restaurant with a sidewalk cafe to comply with building and housing requirements in this code.
F. Occupancy Limits: Occupancy limits for a sidewalk cafe area shall be determined as set forth in criteria for outdoor service of alcoholic beverages on public rights of way.
G. Parking: The establishment owner shall not be required to provide additional parking for the operation of a sidewalk cafe.
H. Inspection: A sidewalk cafe area shall be subject to inspection at any time in the discretion of the city manager.
I. Serving Food And Alcoholic Beverages; Employee To Monitor: A sidewalk cafe serving food or alcoholic beverages shall have an employee monitoring the area at all times when alcohol is being consumed. Service of food or alcohol beverages in a sidewalk cafe area shall be limited to persons seated at tables in the sidewalk cafe area.
J. Trash And Litter Removal: The restaurant owner shall be responsible for trash removal and shall maintain the area and the area within five feet (5') of the sidewalk cafe area in a clean and litter free manner during all hours of operation. The restaurant owner shall restore the area and the area within five feet (5') of the sidewalk cafe area to its normal condition as a pedestrianway, free of litter after operation of the sidewalk cafe each day.
K. Port Of Dubuque PUD: No permit shall be issued for a sidewalk cafe area in the Port Of Dubuque PUD district unless such area complies with the Ice Harbor urban renewal district design standards.
L. Access To Utilities: The establishment owner shall not in any way interfere with access to public or city utilities located and/or operated within the public right of way.
M. Conformance With Federal, State And Local Laws: The operation of a sidewalk cafe shall conform to all applicable federal, state, and local laws and regulations. (2007 Code § 41-185; amd. Ord. 43-05, 6-20-2005; Ord. 6-20, 2-4-2020)
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