The permit required by this chapter shall be issued on a form deemed suitable by the city. In addition to naming the permittee and any other information deemed appropriate by the city, the permit shall contain the following conditions:
(A) Each permit shall be effective for one year, from March 1 to February 28, subject to annual renewal, unless revoked or suspended prior to expiration;
(B) The permit issued shall be personal to the permittee only and shall not be transferable in any manner;
(C) The permit may be suspended by the city when necessary to clear the public property for public safety for a community or special event authorized by a permit issued by the city;
(D) The city may require the temporary removal of items within the encroachment area when street, sidewalk, common area or utility repairs necessitate such action;
(E) The permit shall be specifically limited to the area shown on the plat diagram attached to the permit application. As a condition of approval, the city may reduce and otherwise reconfigure the proposed area and the number of requested chairs, tables, and items within the encroachment;
(F) The encroachment area within and surrounding the outdoor café must be maintained in a clean, neat and sanitary condition at all times and shall be policed routinely by the permitee to ensure removal of all wrappings, litter, debris and food therefrom. Daily sanitary cleaning of the outdoor café is required. Sidewalks within and adjacent to the outdoor café must be washed down and cleaned on a daily basis. The permittee shall not wash garbage cans or any other container, or other personal property of any nature on the sidewalks. All cleaning must be performed in accordance with applicable federal and state regulations;
(G) No advertising is permitted (except for the posting of prices) on any stand or item, except to identify the name of the product;
(H) Permanent structures on the sidewalk or plaza are not permitted;
(I) No tables or chairs or any parts of the business shall be attached, chained or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area in a manner which causes or threatens to cause injury to any person or damage to public or private properties. No additional outdoor seating authorized under article shall be used for calculating seating requirements pertaining to location of, application for or issuance of an ABC license for any establishment, or be used as the basis for computing required seating for restaurants and dining rooms, or is grounds for claiming exemption from such requirements under the provisions of any city ordinance or state law;
(J) The issuance of a permit does not grant, infer, or imply vested rights to use the area by the permittee. The city retains the right to deny the issuance of a permit or the renewal permit for any reason;
(K) Table, chairs, umbrellas and any other objects provided shall be maintained with a clean and attractive appearance and shall be kept safe and in good repair at all times;
(L) The city retains the right to suspend the privilege of using glass containers within the encroachment area during major festivals and events and when streets are closed. The use of glass containers will be revoked if an incident jeopardizes the health, safety and welfare of customers or the general public. Any violation of state or local laws will also result in a revocation of this privilege. Repeated offenses may result in revocation or denial of the encroachment permit;
(M) The serving and consumption of alcoholic beverages on city sidewalks and public property is limited to beer and wine. The serving and consumption of alcoholic beverages in sidewalk encroachments pursuant to this chapter is limited to patrons seated at tables;
(N) It is unlawful to consume alcoholic beverages within the encroachment area not purchased at permittee’s establishment; and
(O) The city may require the posting or placement of the permit and relevant notices to facilitate the administration and enforcement of this chapter.
(Ord. 2010-01, passed 3-8-10) Penalty, see § 117.99