(A) No merchant, vendor, business or property owner shall:
(1) Place any items for sale or other equipment, tables or chairs on any portion of the public property other than directly in front of his or her existing place of business without written consent of adjacent landowners or businesses. In no event shall such items be placed in the landscaped areas or extend beyond the authorized 25 feet from each side of the applicant’s business;
(2) Block or restrict the pedestrian passageway to less than four and one-half feet in width, or block ingress or egress to or from any building. In areas of congested pedestrian activity, the city is authorized to require a wider pedestrian path as circumstances dictate. Also, no items shall be placed so as to block any driveway, crosswalk, bus stop, counter service window, or block visibility within an intersection. The plaza encroachment is limited to the first 25 feet from the building into the common area of the plaza. Where the city has installed a permanent structure such as a planter, light pole or other device, the permittee shall make accommodation for the required clearance for pedestrian passage;
(3) Sublicense the encroachment area;
(4) Place objects around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier;
(5) Use tables, chairs, umbrellas and any other objects of such quality, design, materials, and workmanship which are not authorized by the city;
(6) Use umbrellas or decorative material which is not fire-retardant, pressure-treated or manufactured of fire resistive material;
(7) Fail to secure permission of the landlord where a building has multiple occupants;
(8) Permit patrons not wearing shirts and shoes at all times;
(9) Vend or display without the insurance coverage specified;
(10) Permit vending machines, carts, or objects for the sale of goods in an outdoor café;
(11) Sound or permit the sounding of any device on the public property which produces a loud noise or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device in violation of the noise regulations of the City of Easley Code of Ordinances;
(12) Store, park or leave any stand or items of merchandise overnight on any street, sidewalk, except tables and chairs, which may be kept in the permitted area at the permittee’s risk;
(13) Store, park or leave any vehicle, er truck or trailer within the encroachment area; or
(14) Permit smoking within outdoor cafés.
(B) The encroachment permit is a temporary license, which may be denied, suspended or revoked for any conduct which is contrary to the provisions of this chapter or for conduct of the business in any manner as to create a public nuisance or constitute a danger to the operator’s or the public’s health, safety or welfare. No property right is created by this chapter, and the decision of the city shall be final.
(Ord. 2010-01, passed 3-8-10) Penalty, see § 117.99