The following conditions apply to the outdoor dining permit:
(A) Outdoor dining must be associated with an operating restaurant and/or dining and entertainment establishment in the Uptown Dining Area that is under the same management and shares the same food preparation facilities, restroom facilities, and other customer conveniences as the restaurant and/or dining and entertainment establishment.
(B) Outdoor dining shall be in accordance with the plan approved by the outdoor dining permit.
(C) Outdoor dining area shall not be enclosed by fixed walls and shall be open to the air.
(D) Furniture may be of any construction except plastic.
(E) No tents or cash registers are allowed in the outdoor dining area.
(F) All furniture must be removed from the outdoor dining area each day by 1:00 a.m., or secured firmly against the storefront wall with a chain or similar locking device. Furniture may be returned to its original state in the outdoor dining area after 6:00 a.m. the following day.
(G) No additional signage shall be allowed in the outdoor dining area except as allowed in Title 9, Chapter 4, Article N of the City Code.
(H) Temporary barriers are allowed provided that these are no more than 36 inches in height and of all-metal construction.
(I) Umbrellas are allowed provided vertical and horizontal clearances on sidewalks, as required by the North Carolina State Building Code and the Americans with Disabilities Act, are maintained.
(J) Umbrellas are allowed provided vertical and horizontal clearances on sidewalks, as required by the North Carolina State Building Code and the Americans with Disabilities Act, are maintained.
(K) No electrical/extension cords may be used in the outdoor dining area.
(L) No flooring, decking, terracing or other floor material may be installed in the outdoor area.
(M) No food serving equipment or food service equipment to hold, store, heat, warm, cold, chill or otherwise to keep food to be served may be located in the outdoor dining area.
(N) No food or beverage can be served to a patron in the outdoor dining area unless the patron is seated at a table.
(O) Accessible routes, as required by the North Carolina State Building Code, shall be maintained.
(P) Outdoor dining area may be expanded to an abutting property with the written permission of the abutting property owner and the inclusion of the area in the outdoor dining permit.
(Q) Permit holder must comply with all applicable rules, regulations, ordinances, laws or statutes, including the Americans with Disabilities Act (ADA) and those regulations promulgated or enforced by the North Carolina Alcohol Beverage Control Board and the Pitt County Health Department (Environmental Health).
(R) Outdoor dining operation must comply with all State and local sanitary and health regulations.
(S) Addition of outdoor dining shall not cause the restaurant and/or dining and entertainment establishment to exceed the capacity of patrons as determined by the size of the kitchen as determined by Pitt County Health Department.
(T) The permit holder shall maintain general commercial liability insurance, naming the city as additional insured in the amount of not less than $1,000,000 and submit a current certificate of insurance demonstrating continued compliance with this subsection. Such insurance shall not be cancelled without 30 day written notice to the city.
(U) The city maintains the right to enter the outdoor dining area at any time for inspecting the area, ascertaining compliance with conditions of the permit or making any repairs to public sidewalks and/or alleys.
(Ord. 13-022, § 1, passed 5-9-2013; Ord. No. 13-045, § 1, passed 9-12-2013; Ord. No. 19-020, § 3, passed 4-8-2019)