The City Manager or his designee is empowered to enter into license agreements giving the consent of the City to use City right-of-way for outdoor parklets. The minimum requirements for an agreement are as follows, and each provision hereof shall be deemed part of an agreement between the City and the licensee as of the time of date the license is granted. By making application for any license under this chapter, the licensee shall be deemed to have entered into an agreement with the City containing the following material terms:
(a) The licensee shall properly supervise and maintain the property in a clean, orderly, and safe condition and in such a manner as to protect the public health and safety. All tables, chairs, umbrellas, and any other objects provided with an outdoor parklet shall be maintained with a clean and attractive appearance and shall be in good repair at all times.
(b) The licensee shall use positive action to assure that its use of any right-of-way in no way interferes with pedestrian or vehicular traffic, any adjacent parking spaces being utilized as such, or limits the free, unobstructed passage of pedestrians.
(c) The licensee shall prevent the accumulation, blowing and scattering of trash, garbage, or any other such debris caused or permitted by the licensee's use of the property or by any person's use of the property during the time periods of said license. The licensee shall retrieve and properly dispose of any debris scattered onto adjacent property caused by any use of the property under the license, and, additionally, shall maintain its own trash containers upon the property for disposal of any debris.
(d) The licensee shall assure compliance with pedestrian minimum clear path guidelines of the Americans with Disabilities Act of 1990, as amended.
(e) The license shall not restrict ingress and egress to the property during the time periods of such license except as needed as to comply with current liquor laws.
(f) The licensee shall be strictly responsible that no customer, employee, or other person be permitted to remove alcoholic liquor from the area designated in the relevant outdoor parklet or sidewalk café license(s). Compliance with all City liquor codes, rules and regulations and any and all conditions as determined by the City Manager shall be observed.
(g) The hours of outdoor liquor sales shall be limited so as to end at or prior to 10:00 p.m. and no smoking shall be allowed in the delineated area or within fifteen feet thereof.
(h) Alcohol shall not be sold or dispensed within the any outdoor parklet area or sidewalk café, except as specifically authorized by a valid permit authorizing outdoor sales of alcoholic liquors pursuant to Chapter 806, in accordance with the provisions of that chapter and Chapter 608 of these Codified Ordinances.
(i) The licensee shall not erect, attach, or affix any permanent fixture upon any public right-of-way.
(j) The licensee shall remove all outdoor furniture from the property during any time period when the license for the property is not in effect. No furniture or any parts of an outdoor parklet or sidewalk café shall be attached, chained, or in any manner affixed to any tree, post, signs, sidewalk, streetlight, fire hydrant, or other public fixture within or near the licensed area.
(k) The licensee shall not impede any maintenance activity conducted by the City or impair ingress or egress to the premises of any other person.
(l) The licensee shall not be permitted to use or operate any public address system, or similar device.
(m) The licensee shall be allowed to provide amplified or piped-in music within the licensed property during the hours of operation, but no earlier than 11:00 a.m. and no later than 1:00 a.m., so long as such sound otherwise complies with Title 16 of these Codified Ordinances.
(n) No advertising shall be permitted on or in any outdoor parklet or sidewalk café except a sandwich board portable sign. Such sign shall not be located in the traveled roadway or unreasonably block pedestrian traffic and shall be moved indoors daily at the end of business hours. Such sign shall not exceed eight square feet in area and four feet in height. If applicable, a scale drawing of the sign shall be included as part of the license agreement.
(o) Should the licensee breach any section of the agreement, the City may perform such cleaning or removal as it considers in its best interests, and the licensee shall reimburse the City for the cost thereof.
(Ord. 2017-48. Passed 6-19-17; Ord. 2019-17. Passed 4-1-19.)