§ 114.04  ISSUANCE OF PERMIT.
   No permit for the operation of a sidewalk café may be issued unless the application is complete and the following requirements are met.
   (A)   The sidewalk café must be associated with an operating business so that it is under the same management and shares the same preparation facilities, restroom facilities and other customer convenience facilities as the business. The sidewalk café must be operated under the same name as the business and may not be open or operated at any time when the business is not open for business.
   (B)   The operation of the sidewalk café must be clearly incidental to the associated business. The seating capacity of the sidewalk café may not be more than 50% of the interior seating capacity of the associated business.
   (C)   Tables, chairs and other furnishings shall be placed a minimum of six feet from any travel lane.
   (D)   Tables, chairs, and other furnishings shall be placed in such a manner that at least five feet of unobstructed paved space of the sidewalk, measured from any permanent or semi-permanent object, remains clear for the passage of pedestrians and provides adequate passing space that complies with the American with Disabilities Act.
   (E)   Tables, chairs and other furnishings shall not obstruct any driveway, alleyway, building entrance or exit, emergency entrance or exit, fire hydrant or standpipe, utility access, ventilation areas, or ramps necessary to meet accessibility requirement under the Americans with Disabilities Act.
   (F)   The maximum posted speed permitted on the roadway adjacent to the right-of-way to be used for sidewalk dining activities shall not be greater than 45 miles per hour.
   (G)   The restaurant operator shall cease part or all sidewalk dining activities in order to allow construction, maintenance, or repair of any street, sidewalk, utility, or public building by the Department, the city, their agents or employees, or any other governmental entity or public utility.
   (H)   The business seeking to operate the sidewalk café must front on and open onto the sidewalk or pedestrian way proposed for the sidewalk café. The placement of tables, chairs and other furnishings may not extend beyond the sidewalk or pedestrian way frontage of the associated business, with the following exception: tables, chairs and other furnishings may extend up to eight feet onto adjacent property frontage in either or both directions with the written permission (provided at the time of application) of the occupant of the adjacent property.
   (I)   The tables, chairs and other furnishings used in the sidewalk café shall not be anchored and shall be of a type of street furniture that is easily movable.
   (J)   Except as elsewhere permitted by the code, the operation or furnishing of the sidewalk café shall involve no permanent alteration to or encroachment upon any street, sidewalk or pedestrian way or to the exterior of the associated business.
   (K)   Each sidewalk café shall provide adequate trash removal for its patrons. At the end of each business day and during operating hours, the operator shall remove all trash and debris of any sort from the sidewalk area. In addition, the operator shall remove from the sidewalk alongside and abutting properties any trash or debris originating as a result of the operation of the sidewalk café.
   (L)   Tables, chairs and other furnishings that remain on the sidewalk at times when the business is not in operation shall be secured in a manner that allows clear access from the street equal to or exceeding half of the frontage of the associated business.
   (M)   The city shall obtain permission from the Department to permit the right-of-way of any Federal-aid route on or off the National Highway System to be used for sidewalk dining.
   (N)   No permits may be issued for sidewalk dining on any interstate route.
   (O)   The restaurant operator and / or owner of the sidewalk dining operation shall be responsible for repairing any incidental damage to state right-of-way resulting from the operation of the sidewalk dining. 
   (P)   The city may impose additional requirements on a case-by-case basis and nothing in this ordinance requires the city to issue or maintain any permit for sidewalk dining activities if,  in the opinion of the city, such activities cannot be conducted in a safe manner. 
(Ord. O-02-06, passed 4-6-2006; Ord. O-02-14, passed 2-6-2014; Ord. O-06-21, passed 3-23-2021)  Penalty, see § 10.99