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Application for a sidewalk café shall contain the following:
(a) Name and street address of the applicant;
(b) Name and street address of the owner of the sidewalk café, of the owner of the underlying feehold and/or abutting property owner if not the same person and:
(1) A description of the owner, if other than a natural person, including its legal status (corporation, partnership, etc.) and a general description of the type(s) of business operated on the abutting property; and
(2) Written authority in the form of a power of attorney from the owner to submit the application if the applicant is not the owner of the abutting property.
(c) The name and street address of the registered agent for the service of process, if the applicant represents a corporation; or the names and street addresses of the officers or partners, if the applicant represents an association, partnership or other entity;
(d) The name and street address of the operator, manager or other person responsible for the operation of the sidewalk café;
(e) The name under which the sidewalk café will be operated;
(f) The street address and the city food establishment license number of the sidewalk café;
(g) One or both of the following:
(1) A copy of a title policy covering the abutting property and verification by the owner that there has been no change in ownership since the issuance of that policy; or
(2) A certified copy or copies of the most recent deed or deeds conveying all or a portion of the abutting property so that ownership of all of the abutting property is accounted for, and verification by the owner or owners that there has been no change in ownership since the date or dates of that deed or deeds.
(h) A site plan of legible proportions prepared by a registered public surveyor or professional engineer showing:
(1) The entirety of the abutting property of the owner;
(2) All contiguous and/or adjacent properties;
(3) All existing sidewalk features including, but not limited to, utility poles, sign poles, fire hydrants, permanent litter receptacles, telephone booths, news vending racks and mailboxes;
(4) Streets for a distance of at least 25 feet on either side of the abutting property; and
(5) Traffic studies prepared by professional traffic engineers of pedestrian usage during peak hours for areas where public walkways would be reduced to six feet.
(i) Detailed drawings of legible proportions showing the design, dimension and proposed location of all temporary structures (i.e., canopies, umbrellas, planters, landscaping, tables, chairs, all exterior lighting, electrical outlets, etc.), the proposed public walkway and the side and front elevations of the proposed sidewalk café. Detailed drawings at a scale of one-half inch equals one foot showing the front facade of the abutting property and at least ten feet of the first story facade of adjacent buildings;
(j) The seating capacity of the proposed sidewalk café and the seating capacity of the restaurant which will be associated with the sidewalk café;
(k) A copy or copies of the certificate or certificates of insurance required to be provided; and
(l) Written documentation showing that adequate public water and sewer utilities are available to serve the sidewalk café.
(Ord. 9881, § 1, passed 6-4-1987)
(a) It shall be permissible for sidewalk cafés to operate within the following designated areas:
(1) Within the boundaries of the Downtown Special Improvement District delineated as follows:
Jones Street on the east; Lancaster Avenue on the south; Texas Street, Macon, Fourth Street, Burnett Street, Belknap Street and Taylor Street on the west; the Trinity River and East 100 and East 200 blocks of Bluff Street on the north; so long as an eight-foot-wide unobstructed pedestrian walkway is preserved for the use of the public.
(2) In other areas throughout the city where the pedestrian walkway is provided in compliance with the terms and specifications of this article.
(b) Sidewalk cafés shall only be located adjacent to abutting and contiguous restaurants in which food preparation, sanitation and related services will be performed.
(c) It shall be permissible for sidewalk cafés to use specified and approved sections of the public right-of-way upon the written consent (as evidenced by the issuance of a valid permit) of the director.
(d) Any sidewalk café which rests in whole or in part upon any portion of the public right-of-way shall be situated in accordance with these provisions.
(1) No sidewalk café shall be permitted to rest upon, in or over any public sidewalk or parkway, when such location endangers the safety of persons or property, or when such site or location is used for utility purposes, public transportation purposes or other governmental use, or when such sidewalk café unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business (except the restaurant to which said café is adjacent) or the use of poles, posts, traffic signs or signals, hydrants, mail boxes or other objects which are permitted at or near said location.
(2) No fixture or portion of a sidewalk café shall be permanently affixed to or upon any public property.
(3) No sidewalk café shall be situated:
a. Within three feet of any marked crosswalk;
b. Within 12 feet of a curb return of any unmarked crosswalk;
c. Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
d. Within five feet of any driveway;
e. Within three feet ahead or 15 feet to the rear of any sign marking a designated bus stop;
f. Within three feet of the outer end of any bus stop bench;
g. At any location whereby the clear space for the passageway of pedestrians is reduced to less than eight feet;
h. In a manner which restricts sight easements of vehicular traffic; or
i. In a manner which obstructs traffic-control devices or traffic signs.
(4) No food serving or food service equipment may be used by a restaurant to hold, store, heat, warm, cool, chill or otherwise keep food to be served outside of the restaurant for use in or by a sidewalk café.
(Ord. 9881, § 1, passed 6-4-1987)
Application for a sidewalk cafe permit shall be made in accordance with the provisions specified by the director who shall issue a permit upon compliance with the terms and conditions of this article. The permit fee shall be as specified in the building code and such permit shall be valid for one (1) year from date of issuance.
(Ord. 9881, § 1, passed 6-4-1987; Ord. 19601-03-2011, § 6, passed 3-22-2011; Ord. 22517-12-2016, § 6, passed 12-6-2016, eff. 1-1- 2017; Ord. 25382-03-2022, § 6, passed 3-8-2022, eff. 4-1-2022)
(a) A sidewalk café permit may be renewed annually, upon review of the renewal application and complaint history, if any, which shall be provided by the health department and planning and development department. Each said department shall provide to the director copies of any inspection results, complaints filed and citations issued concerning the sidewalk café under consideration, renewal application shall be made 60 days prior to the expiration of a permit.
(b) If no renewal application is made prior to this expiration, all tables, chairs and other appurtenances associated with the facility shall be removed prior to or upon the expiration date thereof.
(1) A permittee who allows its permit to expire without renewal and who wishes to continue operation of a sidewalk café must submit an application for said permit as if there had been no previous permit.
(2) The renewal fee for a permit shall be $150.
(Ord. 9881, § 1, passed 6-4-1987; Ord. 17522, § 5, passed 4-24-2007)
Failure to observe any of the conditions set out herein is grounds for a one-year suspension of a permit. Prior to such suspension the director shall give ten days’ written notice to the permittee of his or her violation of or his or her failure to observe a general condition as set out above. If the permittee requests a hearing prior to the expiration of that ten-day notice period, the director shall hold a hearing to determine if the permit shall be suspended. The permittee may present evidence in his or her own behalf if he or she so desires. The decision in regard to suspension may be appealed to the city manager. If the permittee fails to request such a hearing, the suspension shall become effective upon the expiration of the ten-day notice period. If operations under a permit granted under this section are suspended, all tables, chairs and other appurtenances used as a part of the sidewalk café shall be immediately removed from the sidewalk.
(Ord. 9881, § 1, passed 6-4-1987)
No sidewalk café permit shall be issued until an applicant has provided a cash bond or surety bond, with permittee as the principal and a corporate bonding company licensed to do business in the State of Texas as a surety, in an amount determined by the director to be sufficient to cover the costs of removal of the facilities or improvements by the city or any public utility under any of the provisions of this article. Should permittee fail to timely remove its facilities upon request or demand, said permittee shall reimburse the city or any public utility in the event that the city or public utility removes the facilities pursuant to this article.
(Ord. 9881, § 1, passed 6-4-1987)
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