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A sidewalkcafé service operated by a restaurant or other food establishment that sells food for immediate consumption may be permitted in the CBD, Central Business District, subject to the following conditions:
(a) An application in accordance with Section 3.08 and this Section shall be submitted to the Zoning Administrator.
(b) A permit shall remain in effect for a period of one year or the operation of the café fails to meet the standards contained herein. Permits may be renewed annually by the City upon written request of the owner or operator of the sidewalk café.
(c) A sidewalkcafé may be located in front of or adjacent to the establishment. A sidewalkcafé that extends beyond the property lines of the applicant shall require the permission of the affected property owners.
(d) If a sidewalkcafé is located on a public sidewalk, a minimum of five (5) feet of unobstructed, pedestrian access along the sidewalk shall be maintained.
(e) A sidewalkcafé shall be allowed during normal operating hours of the establishment.
(f) The exterior of the premises, including the sidewalks, shall be kept clean, orderly and maintained or the permit may be revoked. All food preparation shall be inside of the premises.
(g) The City shall not be held liable or responsible for any type of damage, theft or personal injury that may occur as a result of a sidewalkcafé operation.
(h) All sidewalkcafes shall comply with applicable regulations of the County Health Department and the State.
(i) Sidewalk cafes shall be permitted between April 1st and October 31st.
(j) Outside of the permitted dates, all tables, chairs, and barriers used for a sidewalk café shall be stored indoors.