(A) The permit shall be issued on a form deemed suitable by the City Manager or his/her designee.
(B) In addition to naming the permittee and any other information deemed appropriate by the City Manager or his/her designee, the permit shall contain the following conditions:
(1) Each permit shall be effective for one year, subject to annual renewal.
(2) The permit issued shall be personal to the permittee only and shall not be transferable in any manner.
(3) The permit may be suspended by the City Manager or his/her designee when an ordinance or resolution passed by the City Commission providing for a “community or special event” shall so provide. The permittee shall not be entitled to a refund or abatement of the annual permit fee for such suspension of the permit.
(4) The City Manager or his/her designee may require the temporary removal of Sidewalk Cafés when street, sidewalk or utility repairs necessitate such action. The permittee shall not be entitled to a refund or abatement of the annual permit fee for such temporary removal of Sidewalk Cafés.
(5) The Department of Public Works, the Police Department, and the Fire Department may immediately remove or relocate all or parts of the Sidewalk Café in emergency situations.
(6) The city and its officers and employees shall not be responsible for Sidewalk Café components relocated during emergencies.
(7) The permit shall be specifically limited to the area and the number of tables shown on the exhibit attached to and made a part of the permit.
(8) The permittee shall use positive action to assure that its use of the sidewalk in no way interferes with or embarrasses sidewalk users or limits their free unobstructed passage.
(9) The use of the tables and chairs at a Sidewalk Café shall be only for the customers of the Restaurant or Retail Tobacco Shop with which the Sidewalk Café is associated.
(10) Tables, chairs, umbrellas and any other objects provided with a Sidewalk Café shall be maintained with a clean and attractive appearance and shall be in good repair at all times.
(11) The sidewalk area covered by the permit shall be pressure cleaned and sealed by the permittee, with a product approved by the City and CRA, at the time of issuance of the permit and any renewal of the permit, or as requested by the City Manager or his/her designee. The permittee shall maintain the Sidewalk Café area in a neat and orderly appearance at all times, and the area shall be cleared of all debris on a periodic basis during the day and again at the close of each business day.
(12) No general advertising signs or identification signs shall be permitted in the public right-of- way; this shall not prohibit the use of planters or the valance portion of umbrellas from carrying the name and logo of the Restaurant. Additionally, one menu board, not exceeding four square feet in size, shall be allowed.
(13) No tables and chairs nor any other parts of Sidewalk Cafés shall be attached, chained or in any manner affixed to any tree, post, sign, or other fixtures, curb or sidewalk within or near the permitted area.
(14) The permit covers only the public sidewalk. Tables and chairs on private property will be governed by other appli cable regulations.
(15) A copy of the permit/drawing must be maintained on premises at all times and shall be subject to inspection by city personnel upon request.
(16) In the Hollywood Beach Area, all tableware shall be non-disposable and composed of materials that are sturdy and substantial to ensure that the tableware remains on the table in spite of wind that customarily occurs in South Florida. In addition, cloth napkins shall be used on all tables.
(17) When a customer vacates the premises, all tableware that was used shall be immediately removed.
(18) Outdoor entertainment taking place in the designated Entertainment Area shall not utilize any amplified or otherwise electrically powered instruments and shall not include any animal. The use of a generator shall not be permitted within the Entertainment Area.
(19) Outdoor entertainment taking place in the designated Entertainment Area shall not block the passage of the public through the sidewalk or public area. If a crowd gathers within the designated Entertainment Area such that the passageway of the public is blocked, a police officer may disperse that portion of the crowd that is blocking the public passageway. The police officer may direct the business to temporarily suspend the entertainment when such action is necessary to protect the health, safety and welfare of the public.
('72 Code, § 29-79) (Ord. O-88- 75, passed 11-2-88; Am. Ord. O- 95-74, passed 12-20-95; Am. Ord. O-2001-11, passed 3-21-01; Am. Ord. O-2010-37, passed 10-6-10; Am. Ord. O-2016-19, passed 10-19- 16) Penalty, see § 10.99