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Notwithstanding any other provisions of this code, alcoholic beverages may be served in approved sidewalk cafés provided that the following requirements are met.
(A) The sidewalk café shall be part of a business and shall otherwise be authorized, permitted or licensed under the state law and this code to serve and sell alcoholic beverages for on-premises consumption.
(B) The sidewalk café must be included as 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 or consumption of alcoholic beverages.
(C) Signs shall be posted, visible at all exit points from the sidewalk café, that it is unlawful to remove alcoholic beverages from the premises.
(D) The business 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.
(E) No outdoor bar is allowed within the sidewalk café, nor shall outdoor preparation of alcoholic beverages be permitted, except that unfortified wine may be decanted or beer poured at a table.
(F) 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.
(Ord. O-02-06, passed 4-6-2006; Ord. O-02-14, passed 2-6-2014) Penalty, see § 10.99
A permit may be denied if it is found that the application does not demonstrate compliance with this section and/or that the granting of the permit would not be in the public interest. Any applicant denied a permit to operate a sidewalk café shall receive a written statement outlining the grounds on which the denial is based. The applicant may appeal the denial of the permit to city, and City Council may take action as it shall find necessary. The finding and determination of City Council shall constitute final action by the city.
(Ord. O-02-06, passed 4-6-2006; Ord. O-02-14, passed 2-6-2014) Penalty, see § 10.99
Permits for a sidewalk café issued in accordance with the provisions of this chapter shall be issued for the period beginning July 1 or thereafter and expiring June 30 of each year. If a permittee discontinues the business operation or the sidewalk café, no refund of the permit fee shall be made. Permits issued pursuant to this section shall not be transferable or assignable. Permits may prohibit operation of sidewalk cafés during special events and contain other conditions and restrictions as may be necessary to protect the public health, safety and welfare.
(Ord. O-02-06, passed 4-6-2006; Ord. O-02-14, passed 2-6-2014) Penalty, see § 10.99
(A) The City Manager may suspend a permit issued pursuant to this section if he or she finds one or more of the following conditions exist:
(1) Violation of any provision of the County Health Department regulations or of this section;
(2) Violation of any law, regulation or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances;
(3) Operation of the sidewalk café in a manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare; specifically including failure to keep the café area clean and free of refuse; and/or
(4) Operation of the business or sidewalk café in violation of any city, county or state law, ordinance or regulation.
(B) The permit suspension shall take effect immediately upon delivery of a citation to the business operator or, in his or her absence, the person with supervisory authority over the operation of the business and shall be reinstated once the City Manager has verified that the condition has been remedied.
(C) The business operator may request a hearing contesting the suspension of the permit by filing written notice thereof upon the City Manager. The hearing shall be held and a written decision rendered within 15 days of the date of receipt. The decision of the City Manager may be appealed to the City Council by written notice thereof filed with the City Clerk within 15 days of the date of receipt of the decision.
(Ord. O-02-06, passed 4-6-2006; Ord. O-02-14, passed 2-6-2014) Penalty, see § 10.99
(A) The City Manager may revoke a permit issued pursuant to this section if he or she finds that the business operator has:
(1) Deliberately misrepresented or provide false information in the permit application;
(2) Violated any provision of the County Health Department regulations or of this section;
(3) Violated any law, regulation or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances;
(4) Operated the sidewalk café in a manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare; specifically including failure to keep the café area clean and free of refuse;
(5) Failed to maintain any health, business or other permit or license required by law or the operation of a business;
(6) Fails to consistently maintain the sidewalk café in a neat and trash free manner; and/or
(7) Operated the business or sidewalk café in violation of any city, county or state law, ordinance or regulation.
(B) In the event the City Manager determines good grounds exist for the revocation of a permit issued under this section, he or she shall provide the business operator a notice to show cause, stating with particularity the grounds therefor, why the sidewalk café permit should not be revoked. The business operator shall be provided an opportunity for a hearing, following which the City Manager shall render an order in writing. The business operator may appeal any order by filing a written appeal with the City Clerk within 15 days of receipt thereof. City Council shall conduct a hearing on the appeal and render its decision thereon. The finding and determination of City Council shall constitute final action by the city.
(Ord. O-02-06, passed 4-6-2006; Ord. O-02-14, passed 2-6-2014) Penalty, see § 10.99
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