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(A) An application for an outdoor café encroachment permit shall be made to the Department of Planning and Development using an application form prepared by the city. Any such application filed to comply with the provisions of this subchapter shall provide the minimum information required by the application form and shall be signed by both the person or business that operates the food service business to which the permit would apply and the owner of the property in which the business is located if not the same. The application form shall provide the following additional information to the city:
(1) A copy of a valid city business license to operate a business establishment adjacent to the public property which is subject to the outdoor café operation;
(2) Proof of current liability insurance, issued by a company licensed to do business in the commonwealth, insuring the licensee and the city against all claims or liability for damage to property or for bodily injury including death, arising from the result, direct or indirect, of the use of the public property pursuant to the outdoor café encroachment permit, including liquor liability insurance coverage (with a minimum amount of $1,000,000). The insurance shall name the city as an additional insured and shall provide that the policy shall not terminate or be canceled prior to the stated expiration date without a 30-day advance written notice to the city by the insure. The policy shall provide coverage in the minimum amount of $1,000,000; however, the city may require a higher minimum amount at its reasonable discretion;
(3) A drawing of the proposed outdoor café encroachment seating area showing the locations and dimensions of the area, all proposed encroachments and publicly-owned benches, tables and other objects within the area. This information should include, but not be limited to, the width of the public right-of-way, public street name, width of the public sidewalk, information on the type and materials of the improvements (furniture and other fixtures) and other information deemed to be pertinent to review the request; and
(4) Proof of any required ABC license(s), Health Department permits and any/all other applicable permits for the lawful operation of the business.
(B) The applicant shall be notified within 30 days of filing a completed application form with the city of the approval or denial of the permit.
(Ord. 19-2015, passed 11-16-2015)
(A) There shall be no fee charged for an outdoor café encroachment permit.
(B) Any permit issued under the provisions of this subchapter shall be valid from January 1 to December 31 of each calendar year.
(C) Any person who shall operate an outdoor café upon public property without a proper permit as required by this subchapter shall be subject to penalties as established by this subchapter.
(D) Any permit issued under the provisions of this subchapter shall be used only by the person or business entity listed in the application form filed and the permit issued. Said permit shall be only for the location listed in the application form filed and the permit issued. Said permit is not transferable to another applicant, person, business entity or to another location.
(Ord. 19-2015, passed 11-16-2015; Ord. 08-2016, passed 5-16-2016)
(A) All outdoor café encroachments must be within the permitted area as indicated on the application filed and the approved permit issued by the city. The city may require the area to be marked or physically indicated.
(B) All outdoor café encroachments must maintain a minimum 54-inch clear passage way on the public sidewalk for pedestrians and shall not block access to any building, driveway or crosswalk.
(C) Any change in the outdoor café encroachment area or the materials (furniture or fixtures) approved to be within the outdoor café encroachment area must receive written approval from the city.
(D) Outdoor café encroachment areas may be open to patrons of the business from 7:00 a.m. to 12:00 a.m. (midnight) daily.
(E) All outdoor café encroachment areas must maintain a minimum five-foot unobstructed clearance from a fire hydrant.
(F) All outdoor café encroachment areas must be kept sanitary, neat and clean at all times. The area shall be free from accumulation of food, litter and other potentially dangerous and unsanitary matter. Table tops must be so designed and of such material and workmanship as to be smooth, non-porous, easily cleanable and durable and shall be in a good condition to be readily maintained in a clean and sanitary condition.
(G) No loudspeakers shall be allowed within the outdoor café encroachment area.
(H) Smoking shall be prohibited in any outdoor café encroachment area.
(I) All improvements (furniture and other fixtures) used in the outdoor café encroachment area must be readily removable without damage to the surface of the public right-of-way and there shall be no penetration of the public sidewalk surface.
(J) The outdoor café encroachment area must be accessible to persons with disabilities.
(K) Heating is permitted in outdoor café encroachment areas, as long as the heaters are portable and can be removed. The heating unit must be approved by the Fire Chief or his or her designee and the City’s Electrical Inspector.
(L) The permitted use of the outdoor café encroachment area may be temporarily suspended by the city when street, sidewalk or utility repairs are necessary.
(Ord. 19-2015, passed 11-16-2015; Ord. 18-2023, passed 8-21-2023)
The Mayor is hereby authorized and directed to enforce the provisions of this subchapter. The Mayor or his or her designee shall have the authority to render interpretations of this subchapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this subchapter. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this subchapter.
(Ord. 19-2015, passed 11-16-2015)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Any person or private entity who fails to comply with the provisions of §§ 121.25 through 121.30 of this chapter or any order issued pursuant to §§ 121.25 through 121.30 of this chapter shall be guilty of a violation punishable by a fine. An official of the city may issue a citation for any violation of §§ 121.25 through 121.30 of this chapter.
(2) Fines shall be $200 for the first offense; $250 for the second offense; and $500 for the third offense and any additional offenses.
(3) The outdoor café permit issued under the provisions of §§ 121.25 through 121.30 of this chapter is a temporary license that may be denied, suspended or revoked for any conduct that is contrary to the provisions of §§ 121.25 through 121.30 of this chapter or for any use of the permitted area that in any manner creates a public nuisance or constitutes a danger to the public’s health, safety or welfare in the sole discretion of any official of the city.
(Ord. 19-2015, passed 11-16-2015)