A. Except as provided herein, sidewalk cafes are permitted in the public right of way only in the central business zones (CB-2, CB-5, and CB-10 zones) and in the riverfront crossings district. Sidewalk cafes are permitted in other zones if the restaurant does not hold an alcohol license. In said other zones, the City Manager or designee may limit the hours of operation to fewer than those allowed herein and impose limitations on the operation of the sidewalk cafe which are more restrictive than the policy adopted by Council resolution.
B. No person shall operate a sidewalk cafe without executing an easement agreement.
C. Each sidewalk cafe applicant shall file an application for an easement agreement with the public works department, on forms provided by the city.
D. The city manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the city manager, or designee, is authorized to enter into a public right of way easement agreement. If the application is denied, the applicant may appeal to the city council by filing a written appeal with the city council, and the appeals process shall be the same as provided for mobile vendors in this chapter. The city retains the right to limit the number of sidewalk cafes.
E. After execution of an easement agreement, the city manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and/or public nuisance under state or local law. Additionally, the city manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the agreement to the city council. The appeals process shall be the same as provided for mobile vendors in this chapter.
F. The easement agreement, at a minimum, shall require the cafe operator to provide a certificate of insurance satisfactory to the city, and shall agree to hold the city harmless against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right of way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe.
G. In the central business zones, sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. In the riverfront crossings district, sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. in the RFC-G zone. In all other RFC zones, sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Sunday through Thursday and between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight Friday and Saturday.
H. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed.
I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and shall dispense any alcoholic beverage under state and local law.
J. Amplified sound equipment shall not be permitted.
K. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws and regulations.
L. All fees for the operation of a sidewalk cafe shall be set by resolution.
M. The city manager is authorized to establish administrative rules not inconsistent with any ordinance or policy adopted by the city council. A copy of the policy and rules shall be on file with the city clerk and available on the city website. (Ord. 12-4493, 9-4-2012; amd. Ord. 15-4642, 9-15-2015; Ord. 22-4891, 12-6-2022)