(A) The sidewalk cafe must be associated with an operating business so that it is under the same management, and is adjacent to, and shares the same preparation facilities, restroom facilities and other customer convenience facilities as the business.
(B) The tables, chairs and other furnishings used in the sidewalk cafe shall not be anchored and shall be of a type of street furniture that is easily movable, but heavy enough to sustain strong winds.
(C) The placement of tables, chairs, umbrellas and other furnishings must be depicted in a site plan submitted with the application and shall be considered an extension of the business. The outside cafe area shall leave a minimum of three feet of unobstructed space (as measured from the sidewalk's curb towards the building) for the passage of pedestrians and wheelchairs. [ADA minimum is a 36-inch allowable width with sidewalks being at least five feet in width]. No fire exits or lanes may be blocked and must remain clear at all times. Adjacent business frontage cannot be used for the purposes of a sidewalk cafe.
(D) Each sidewalk cafe shall provide adequate waste receptacles for its patrons, and if applicable, recycle bins. At the end of each business day and during operating hours, the operator shall remove all trash and debris of any sort from the receptacles and sidewalk area in and around the sidewalk cafe. In addition, the operator shall remove from the sidewalk and street alongside and from abutting properties, any other trash or debris originating as a result of the operation of the sidewalk cafe. If multiple complaints are received regarding trash violations at a location, the permit to serve alcohol at that location may be suspended for 30 days, or revoked until the next permit cycle begins, and a new application is submitted and approved.
(E) If a waste receptacle is not currently located in front of the proposed sidewalk cafe, one should be provided by the business owner to accommodate the disposal of trash by their patrons. The waste receptacle must be similar in style to current receptacles used along Main Street in Elkin.
(F) There shall be NO SMOKING in the sidewalk cafe area.
(G) Any damage to the sidewalks, light poles, town receptacles or any other town property that occurs as a result of the sidewalk cafe, or due to misuse or as a result of negligence, shall be the responsibility of the business owner/ permit holder to repair or replace.
(H) The hours of operation of all sidewalk cafes can be scheduled during regular business hours. However, sidewalk cafes that serve alcohol can only serve alcoholic beverages and late night food menus outside from 10:00 a.m. to 12:00 midnight, Monday through Saturday, and 12:00 noon through 12:00 midnight on Sundays. Noise ordinances go into effect at 10:00 p.m. every evening.
(Ord. eff. 5-12-2014; Ord. eff. 10-6-2014)