It shall be unlawful for any person to possess, consume, sell, distribute or display any fortified wine, spirituous liquor, mixed beverages or malt beverages, upon any premises or property owned by or in the possession of the city, unless specifically authorized by resolution of the governing body, except for the following:
(A) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning. Where words and phrases used in this division are defined by state law, such definitions shall apply to the use of such words and phrases in this division and are adopted by reference. Those definitions so adopted that are further defined or are reiterated in this division shall have the meanings set out in this division.
ALCOHOLIC BEVERAGE. Any beverage containing more than one-half of 1% of alcohol by volume including alcoholic liquor, wine, and beer.
PUBLIC RIGHT-OF-WAY. Any public street, alley, roadway, sidewalk, walkway, right-of-way or public way designed for vehicular, bicycle, or pedestrian travel that is dedicated public use and/or publically owned.
PUBLIC SIDEWALK. The improved portion of the public right-of-way lying between the traveled portion of the street and the private property or building line, which is intended primarily for pedestrian use.
RESTAURANT. A business that serves food to customers and which meets the following criteria:
(a) Prepares meals on the premises and provides meal service which is open to the public while the kitchen is open;
(b) Has a food service menu from which customers may order;
(c) Has an employee whose primary duty is the preparation of food and an employee whose primary duty is to serve food to customers;
(d) Has a kitchen separate from the bar that contains such food preparation equipment as a stove, exhaust fan, a griddle, a grill or broiler, or a food refrigeration unit with a capacity in excess of 20 cubic feet;
(e) Is licensed by the Cleveland County Health Department to operate as a restaurant service during at least 60% of the hours that the business is open to the public; and
(f) Cafes, cafeterias, coffee shops, delicatessens, ice cream shops, specialty food shops, lunchrooms, or tearooms are included.
SIDEWALK CAFÉ. An outdoor area meeting the requirements of this section that is temporarily situated on a public sidewalk and which is adjacent to and contiguous with any side of a building in which a restaurant is located, and in which food and beverages are served for consumption by persons sitting or standing at tables within such area located within the Downtown Kings Mountain Municipal Service District.
SIDEWALK CAFÉ ELEMENTS. All tables, chairs, fencing planters and plants, and any other privately owned property comprising the sidewalk café, which is approved for use in a sidewalk by this division or in a sidewalk café permit.
SIDEWALK CAFÉ PERMIT. A permit issued by the city for operation of a sidewalk café which meets all of the requirements of this division and all other applicable ordinances of the city and all state laws.
(B) Application. Before a restaurant may lawfully establish a sidewalk café on the public sidewalk adjacent to its building, the proprietor of the restaurant shall file an application with the Codes Department for a sidewalk café permit on a form furnished by that Department. The application shall be accompanied by each of the following items:
(1) Name, address, telephone, and fax number of the restaurant operator;
(2) The proposed location of the sidewalk café; and
(3) A significantly detailed, accurate site plan showing the following:
(a) The dimensions of the proposed sidewalk café area;
(b) The position and number of tables, chairs, and other sidewalk café elements;
(c) The distance between the boundaries of the sidewalk café area and all adjacent street curbs, buildings, property lines, street intersections, alleys, and fixtures in the public sidewalk including fire hydrants and FDCs (Fire Department Connections);
(d) Any other items reasonably required by the Codes Officer or any other city staff to ensure that the proposed sidewalk café area will comply will all applicable requirements of this section and all other laws, ordinances, and regulations applicable to sidewalk cafes and which shows that the proposed sidewalk shall not unreasonably interfere with:
1. Adequate pedestrian flow;
2. Access to building entrances;
3. Exit access including areas inside the building, the exit itself, and/or exit discharge outside;
4. Pedestrian and traffic safety; and
5. The aesthetic quality of the surrounding area;
(4) A statement of the seating capacity of the proposed sidewalk café and of the existing retail food establishment actually operated by the applicant in the adjacent building;
(5) Proof that the applicant holds a valid license or permits to operate a restaurant, including copies of all permits and licenses showing all required approvals by the County Health Department and any other applicable regulatory agencies;
(6) Documentation of public liability insurance in the amount of $1,000,000 insuring against personal injury, wrongful death and property damage, including the city as a part insured and insuring the city against any liability resulting from the uses permitted pursuant to this section;
(7) Consent to enter into a hold-harmless agreement with the city;
(8) Written consent to the establishment of a sidewalk café from the owner of the building in which the restaurant is located, if the applicant is not the owner of the building;
(9) Written approval of the Design Review Committee of the Kings Mountain Main Street program for a sidewalk café to be located in the Kings Mountain Municipal Service District;
(10) The currently required application fee to cover the cost of processing and investigating the application and issuing the permit shall be submitted with the application; and
(11) Other information deemed necessary by the City Manager.
(C) Insurance requirements. A sidewalk café shall not be established under this section unless the applicant furnishes proof of insurance which meets the following requirements: General Liability Insurance coverage in the amount of $1,000,000. Prior to the execution of a permit, the permittee shall provide a Certificate of Insurance, on which the city shall be named as an additional insured. Such certificate shall require 30 days written notice by the insurer or the permittee's agent in the event of cancellation, reduction, or other modifications of coverage. In addition to the notice requirement above, permittee shall provide the city with immediate written notice of cancellation, reduction, or other modification of coverage of insurance. Upon failure of the permittee to provide such notice, permittee assumes sole responsibility for all losses incurred by the city for which insurance would have provided coverage. The insurance certificate shall be for the permit period of one year.
(D) Term and transfer. A sidewalk café permit may be approved for a maximum period of one year at a time. Permits are not transferable or assignable in any manner without prior written consent of the City Manager.
(E) Revocation. The city specifically retains the right to revoke or suspend a sidewalk café permit at any time it deems such revocation to be in the best interest of the public health, safety or welfare, or where the permittee has failed to comply with the applicable city requirements or is found to have provided false or misleading information in the permit application.
(F) Temporary suspension. The city shall have the right through the City Manager, to suspend or prohibit the operation of a sidewalk café at any time and for any necessary period of time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades or marchers, repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk café will be prohibited by the city; but any failure to give prior written notice shall not affect the power of the city to prohibit the cafe's operation at any particular time.
(G) Operation generally.
(1) A sidewalk café shall be conducted as an accessory or incidental use to a legally-established restaurant or other eating and drinking establishment that is located on a contiguous adjacent parcel and which is under the same management and which shares the same name, food preparation facilities, restroom facilities, and other customer conveniences. Sidewalk dining may not constitute more than 50% of the total seating capacity of the associated restaurant.
(2) The majority of the area in which the sidewalk café will be operated shall be on the public sidewalk directly in front of the indoor restaurant which operates the café and/or to the side of the business and building if it is located on a corner lot. That area of the public sidewalk which would be enclosed by a perpendicular projection of the indoor restaurant's sidewalk frontage over the sidewalk shall be considered as being directly in front of the indoor restaurant.
(H) Operational requirements. Operation of a sidewalk café shall conform to the following requirements:
(1) There shall be a five-foot-wide unobstructed contiguous walkway within the public sidewalk area for use by pedestrians, and handicapped accessibility shall be provided as required by law. The outdoor activity shall not impede pedestrian or vehicular traffic;
(2) The sidewalk café area shall maintain a minimum of a two-foot clearance on each side of any doorway leading from the building onto the public sidewalk or other publically-owned exterior dining area;
(3) All tables, chairs, and other items shall be placed so as to not present a sight hazard to vehicular traffic or a hazard to pedestrians. Use of public amenities such as benches or seats is prohibited. Further, tables and chairs used for sidewalk café operation shall be constructed and utilized so as to protect the public safety. Furniture material must be of a commercial grade, and must not be out of character with the business district where the furniture will be located;
(4) All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. Umbrellas must be secured with a minimum base weight of not less than 60 pounds;
(5) The City Manager may allow tables, chairs, and other permitted items to remain in place as permitted on a year-round basis provided that the sidewalk café premises is maintained free of litter, debris, leaves, and food and drink stains and the sidewalk is kept in a clean manner by the permittee. No materials whatsoever shall be stored on the public right-of-way;
(6) The sidewalk café area shall be served by waiters or restaurant staff at all times during all hours of operation;
(7) Lighting of the sidewalk café area shall not unreasonably reflect onto adjacent properties or cause disturbance to residential quarters located above or adjacent to the sidewalk café area. No open flames shall be used in the sidewalk dining area. This includes, but is not limited to, tiki torches, candles and/or fire pits;
(8) Occupancy limits, including the occupancy load of the sidewalk café area, shall comply will all applicable city or state building, fire, or other applicable codes;
(9) Amplified sound equipment shall not be permitted within the area of the sidewalk café; and
(10) At all times the permittee must comply with all other local, state, or federal laws, ordinances, and regulations, including but not limited to health, safety, and welfare rules, laws, and regulations.
(I) Days and hours of operation. The hours of operation of a sidewalk café may be the particular restaurant's normal operating business hours Monday - Saturday and after 12:00 noon on Sundays.
(J) Trash.
(1) The sidewalk café permittee shall maintain in a clean and sanitary manner all areas where the furniture is located, including maintaining appropriate trash receptacles, sweeping on a daily basis the full right-of-way where the furniture is located, and immediately cleaning and washing any liquid, food, debris, broken glass, and other trash from the right-of-way.
(2) Overnight storage of trash and refuse for the sidewalk café shall not be permitted within the outdoor dining area or on adjacent sidewalk areas, and the permittee shall remove all trash and litter as it accumulates.
(K) Alcoholic beverages. Notwithstanding any other provisions of this code, alcoholic beverages may be served in approved sidewalk cafes providing the following requirements are met:
(1) The sidewalk café shall be a part of a restaurant which shall otherwise be authorized, permitted, or licensed under the state law and this code to serve and sell alcoholic beverages for on-premises consumption;
(2) The sidewalk café must be included as a part of the premises for which an ABC permit is issued pursuant to state law, for the purpose of applying and enforcing state laws regarding the sale of consumption of alcoholic beverages;
(3) Signs shall be posted, visible at all exit points from the sidewalk café, that it is unlawful to remove alcoholic beverages from the premises;
(4) The restaurant operator shall not have violated any law, regulation, or ordinance relating to the possession, sale, transportation, or consumption of intoxicating beverages or controlled substances for the three years preceding the commencement of the sale of alcoholic beverages at the sidewalk café;
(5) No outdoor bar is allowed within the sidewalk café, nor shall outdoor preparation of alcoholic beverages be permitted that unfortified wine may be decanted or beer poured at a table as part of a meal;
(6) Any alcoholic beverages served and consumed at an approved sidewalk café must be served and consumed in glasses or cups which bear no markings other than the logo or the name of the business operating the sidewalk café;
(7) Any alcoholic beverages served and consumed at an approved sidewalk café can only be served to and consumed by a customer while that customer is consuming a meal purchased from the business operating the approved sidewalk café;
(8) No advertising of alcoholic beverages (including by way of illustration, signs, napkins, and coasters) shall be allowed in the area of an approved sidewalk café; and
(9) Only unfortified wine and beer may be served in the area of an approved sidewalk café. No other alcoholic beverages are permitted.
(L) Alcoholic beverages at city events in Patriots Park.
(1) The sale and distribution of wine and/or beer is permitted at the “Beach Blast” and other city events at Patriots Park, if the sponsor or sponsors of such events have been approved by the City Manager or designee
(2) Wine and/or beer may be consumed on the premises known as Patriots Park if its sale occurred at an approved city event.
(3) Any aforementioned sale and consumption at approved city events in Patriots Park shall be in compliance with all rules and regulations established and in effect in G.S. Chapter 18B, as may be amended from time to time.
(4) Rules and regulations shall be established as are necessary for the authorization granted herein and as may be necessary for it to take effect.
(Prior Code, § 13-16) (Ord. passed 4-12-1988; Ord. 17-06, passed 2-28-2017; Ord. 18-22, passed 11-27-2018) Penalty, see § 130.99
Cross-reference:
Intoxicated persons at municipal lakes, see § 91.21
Statutory reference:
Local regulation of places of amusement, see G.S. § 160A-181
Local regulation of Sunday business hours, see G.S. § 106A-191
Noise regulation, see G.S. § 160A-184
Public intoxication and disruption generally, see G.S. § 14-444