Individuals or businesses may place tables, chairs and outdoor furnishings on a public sidewalk for the purpose of outdoor dining in conjunction with the operation of a licensed business establishment after obtaining an outdoor dining permit from the city and complying with the regulations contained hereinbelow.
(A) Definitions. Notwithstanding other definitions within this subchapter, the following definitions shall only apply to the provisions of this section.
OUTDOOR DINING. The placement of tables, chairs and outdoor furnishings on a public sidewalk for the purpose of serving food or drink to customers in conjunction with the issuance of an outdoor dining permit to a licensed business establishments.
OUTDOOR DINING AREA. The area of the public sidewalk defined by a site plan approved by the city which shows the number and type of tables, chairs and outdoor furnishings and their location.
OUTDOOR DINING PERMIT. A permit issued by the city, through the City Administrative Officer or his or her designee, which authorizes a licensed business establishment to place tables, chairs and outdoor furnishings on a public sidewalk for the purpose of serving food or drink to customers.
PERMITEE. A person, organization, proprietorship, partnership, corporation or other similar entity which has been issued an outdoor dining permit.
PUBLIC SIDEWALK. Land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for, dedicated to and improved for the general public for pedestrian walkway purposes which is directly adjacent to a licensed business establishment of a permittee.
(B) Permit required.
(1) An outdoor dining permit, which is a revocable permit, shall be required for any tables, chairs, benches or other appurtenances placed on a public sidewalk for the purpose of outdoor dining. The City Administrative Officer, or his or her designee, shall issue said permit upon finding that all standards and requirements of this section have been met. The outdoor dining permit shall contain, at a minimum, the following information:
(a) The name of the applicant, including the type of organization (i.e., proprietorship, partnership, corporation, etc.);
(b) The address of the applicant;
(c) Certification that the applicant is the owner of the property abutting the public sidewalk or if a tenant of the property, a certification of ownership from the tenant's landlord must be submitted along with the owner's written consent to the request for an outdoor dining permit;
(d) A site plan showing the number and type of tables, chairs and outdoor furnishings and their proposed location, and the width of the public sidewalk where the tables, chairs and outdoor furnishings are proposed to be located. If located within the CBD Zoning District, the city's design review procedures shall also apply;
(e) A release and indemnification form executed by the applicant releasing and indemnifying the city from personal injury and property damage liability resulting from the use of the outdoor dining area on the public sidewalk; and releasing and indemnifying the city from property damage liability to any outdoor furnishings placed on the public sidewalk;
(f) A certificate of liability insurance with coverage limits acceptable to the city and naming the city as an additional insured party for injuries or damages occurring on said public sidewalk;
(g) Any other information required by the City Administrative Officer or his or her designee to properly administer the intent of this section.
(2) The cost of the outdoor dining permit for each table shall be $10 subject to automatic renewal on an annual basis at no additional charge. Notwithstanding, if permittee does not operate an outdoor dining area for one year, the outdoor dining permit shall be deemed to have expired and a new outdoor dining permit shall be obtained prior to serving food or beverage on the public sidewalk.
(3) The permittee shall notify all employees of the licensed business establishment of the restrictions of the outdoor dining ordinance and shall post a copy of same in a conspicuous place within the licensed business establishment.
(C) Hours and times of operation. The following times and hours of operation shall be met for the establishment of an outdoor dining area:
(1) Outdoor dining, in conjunction with the issuance of an outdoor dining permit by the city, shall be permitted until 11:00 p.m. daily Sunday through Thursday evenings; and shall be permitted until 12:00 midnight Friday and Saturday evenings, unless permission is granted by the City Administrative Officer or his or her designee, upon special request, as it pertains to special events or other reasonable exceptions.
(D) Standards. The following standards shall apply to an outdoor dining area:
(1) The outdoor dining area shall only be located in an area that does not unreasonably impede the flow of pedestrian traffic on the public sidewalk. Tables, chairs and outdoor furnishings shall be placed in a manner that does not reduce the clear width of the public sidewalk for pedestrian movement below a minimum of four feet. In addition, the city may require the applicant to install a physical separation to denote the edge of the outdoor dining area from the public sidewalk to allow for pedestrian movement, such methods may include but are not limited to roping, walls, fencing and planter boxes, as approved by the City Administrative Officer or his or her designee.
(2) Alcoholic beverages shall be served or consumed only on the portion of the public sidewalk as defined by § 111.18.
(3) A permittee shall prevent unreasonable levels of noise to emanate from the outdoor dining area or from within the licensed business establishment, where such noise is of such intensity or duration that it disturbs the quiet, peace or repose of individuals in the vicinity.
(4) Excessive noise shall not be generated from the outdoor dining area, especially for those areas in close proximity to residential properties.
(5) Outside speakers or amplified sounds from inside the restaurant shall not be permitted to extend beyond the range of the approved outdoor dining area.
(6) Umbrellas used in conjunction with outdoor dining shall be properly maintained; with no frayed edges or faded surfaces.
(7) Signs shall not be placed in the outside dining area except those signs which are permitted by city ordinance.
(8) Food preparation or cooking shall not occur within the outdoor dining area or on the public sidewalk.
(10) Portable heaters or heating devices of any type placed within the outdoor dining area or on the public sidewalk shall be UL listed, self-contained units, with no open flames. Units must be disabled by 11:00 on weekdays and midnight on Friday and Saturday evenings.
(E) Maintenance. The following standard shall be met for the maintenance of an outdoor dining area within a public right-of-way
(1) The outdoor dining area and the adjoining curb, gutter and public sidewalk shall be maintained in clean and orderly condition at all times, regardless of the source of the litter or debris.
(F) Revocation of permit. A permit may be revoked by the city upon finding by the City Administrative Officer or his or her designee that the applicant has violated any terms of this section or has failed to abide by the commitments made in the application, and after ten days written notice to the permit holder by the city. The permittee may appeal this revocation to the City Administrative Officer within 30 days of receipt of the notice of revocation.
(Ord. O-14-2010, passed 9-7-10; Am. Ord. O-15-2021, passed 9-20-21) Penalty, see § 97.99
Cross-reference:
Entertainment Destination Center, see § 111.18