Subject to provisions of this chapter, merchandise may be sold on sidewalks in the Central Business District subject to the following conditions:
   (A)   The merchandise and any fixtures displaying the merchandise must be located on a public sidewalk on the side of the sidewalk immediately adjacent to premises wherein such merchandise is regularly offered for sale. Merchandise shall not project more than 36 inches on Broadway and 30 inches on all other Central Business District Streets, into the public right-of-way.
   (B)   The display of the merchandise may in no way impede the orderly flow of pedestrian traffic along the sidewalk.
   (C)   The merchandise offered for sale must be merchandise regularly offered for sale in premises immediately adjacent to the location of the sidewalk sale merchandise. All sidewalk sale merchandise must be removed from the sidewalk at the close of business each day.
   (D)   The preparation of food or drink within the merchandise display area or the public sidewalk is prohibited.
   (E)   An application shall be filed for sale of merchandise on sidewalks, with an annual permit fee of $25. Such permit shall run from January l to December 31.
   (F)   The application shall be accompanied by a certificate of liability insurance, naming the city as an additional insured, of not less than $1,000,000, covering the proposed merchandise sale, wherein the city is named as an insured for any injury, loss or damage caused by the use or maintenance of the merchandise. Further, the applicant shall execute an agreement with the city whereby the applicant agrees to indemnify the city and hold the city harmless from any claims for injury, loss or damage arising from the use or maintenance of the merchandise.
   (G)   The City Manager or his or her designee shall enforce the provisions of this section.
(Ord. 6531, passed 9-11-90; Am. Ord. 9470, passed 2-27-07)  Penalty, see § 903.99