(A) The applicant agrees to conduct the sidewalk café in a safe manner.
(B) The applicant agrees it shall:
(1) Operate the sidewalk café in accordance with the plan of operation filed with and approved by the city;
(2) Keep the premises clean and free from refuse at all times. The applicant shall clean and sweep the sidewalk area at the end of each business day;
(3) Maintain a four-foot wide unobstructed pedestrian walkway at all times on the sidewalk. This clearance shall be maintained even when chairs are pulled out from a table;
(4) A five-foot clear zone shall be maintained at a corner location of two public sidewalks. Sidewalk café furnishings and equipment shall be immediately adjacent to the building and shall not extend beyond the applicant’s storefront on any side.
(5) No applicant shall make any permanent installation on the sidewalk or allow any tables, chairs, furnishings, railings or other equipment to remain on the sidewalk when the sidewalk café is not open;
(6) Operate the sidewalk café so that it does not interfere with pedestrian traffic or vehicular traffic, or access into or from any building;
(7) Clearly display its sidewalk café permit from an adjacent window so that it is visible from the sidewalk;
(8) Maintain all furnishings in good condition at all times and ensure that the design, materials and colors are harmonious with the surrounding area. The café furniture shall be of a quality so as not to create a windblown hazard. There shall be a minimum vertical clearance of seven feet for umbrellas from the ground;
(9) The hours for the outdoor café shall be limited to the hours of the applicant’s existing business, except as specifically set forth in § 111.124(A) below;
(10) Sidewalk cafés may only be located in the B 3 - Central Business District.
(11) Amplified or live music emanating from the restaurant operation or the sidewalk café shall not be able to be heard further than 50 feet from the sidewalk café.
(12) The tables, chairs, and other furnishings used in the sidewalk café shall be specifically designed and constructed for purposes of outdoor use of a type that is easily removed from the public right-of-way.
(13) The applicant shall be responsible for ensuring that patrons wear shoes and shirts at all times.
(14) All sidewalk cafés must have an opening for ingress and egress at all times.
(15) Sidewalk cafés may utilize appropriately designed and constructed fencing, rope, planters, and/or barricades for the purposes of outdoor use of a type that is easily removed (not permanently anchored) for the public right-of-way at the permittee’s discretion and per city approval. At no time may the permittee display, hang, or post banners or signs on the fencing, rope, or barricades, advertising alcohol or drink specials.
(16) The applicant shall not allow smoking by any person in the sidewalk café.
(17) Reservation of rights. The city reserves the right to require any sidewalk café established pursuant to this subchapter to cease part or all of its operation in order to allow for construction, maintenance or repair of any street, sidewalk utility, or public building by the city, its agents or employees, or by any other governmental entity or public utility; to allow for the use of the street or sidewalk in connection with parades, civic festivals and other events of temporary nature as permitted by the city; and to remedy a public nuisance or to protect the public health, safety, or welfare.
(1990 Code, § 19-208) (Ord. 96-1679, passed 6-17-1996; Ord. 14-3450, passed 7-7-2014)