(a) No merchant, vendor, business or property owner shall:
(1) Place any items for sale or other equipment, or furnishings on any portion of the public property other than the permitted area. In no event shall such items be placed in the landscaped areas or extend beyond the sidewalk or on-street parking locations authorized as provided herein;
(2) Block or restrict the clear zone or block the ingress/egress to any building. Also, no items shall be placed so as to block any driveway, crosswalk, bus stop, or counter service window or in a manner that conflicts with the Americans with Disabilities Act;
(3) Sublicense the permitted area separately to non-occupants of the premises;
(4) Except for a barrier as required by this article, place objects around or in the permitted area, such as walls, which would have the effect of forming a visual barrier;
(5) Use of any furnishings or other objects which are not authorized by the administrator and any other necessary approval entity;
(6) Use umbrellas or other decorative material which is not fire retardant, pressure treated, or manufactured of fire resistive material;
(7) Fail to secure permission of the landlord where a building has multiple occupants;
(8) Operate without the insurance coverage specified;
(10) Fail to pick up, remove and dispose of all trash or refuse left by the business on the public right-of-way;
(11) Fail to keep storm water inlets cleared of debris, trash, or refuse, if utilizing on-street parking as part of its outdoor cafe;
(12) Store, park, or leave any items overnight on any street or sidewalk except for furnishings which may be kept in the permitted area at the permittee's risk;
(13) Store, park, or leave any vehicle, truck, or trailer within the permitted area;
(14) Conduct activities within the permitted area which are not directly related to the operation of an outdoor cafe;
(15) Move or remove the furnishings or other objects located within the permitted area so that other activities or events can take place within that area without prior authorization;
(16) Allow a number of persons within the permitted area in excess of that approved by the administrator or the Kentucky Building Code;
(17) Fail to erect crashworthy barriers to protect patrons from motor vehicles, if utilizing on-street parking as part of its outdoor cafe;
(18) Fail to pay any fees required by Lexington and Fayette County Parking Authority for the use of on-street parking locations, which shall be in addition to any permit fees required herein.
(b) The encroachment permit is a temporary license which may be denied, suspended, or revoked for any conduct which is contrary to the provisions of the section or for conduct of the business in such a manner as to create a public nuisance, or constitute a danger to the operator's or public's health, safety, or welfare. No property right is created by this article and the decision of the commissioner of the department of environmental quality and public works shall be final.
(Ord. No. 115-96, § 4, 6-27-96; Ord. No. 90-2008, § 2, 5-8-08; Ord. No. 48-2010, § 4, 3-25-10; Ord. No. 135-2021 , § 4, 12-7-21)