(a) No person shall place for display or sale any goods, wares or merchandise of any kind upon any of the sidewalks of the city, except in the central business district, as defined in the zoning chapter for the city and then only upon the following conditions:
(1) Goods, wares or merchandise may only be placed directly in front of the businesses fronting on the street by the owners or occupants of such businesses.
(2) All materials, tables, racks or other items must be removed from the sidewalk at the close of each business day, with the following exceptions:
a. Tables and chairs used by a restaurant or coffee shop or other business establishment serving food or non-alcoholic beverages may remain on the sidewalk at all times, subject to the other provisions of this section, unless the business owner is instructed to remove said tables and chairs by the city. Such tables and chairs shall be for the exclusive use of patrons of the business providing the tables and chairs, and in no case shall alcoholic beverages be served to or consumed by any persons using said tables and chairs.
b. Tables and chairs used by a sidewalk café permitted pursuant to Division 2 of this Chapter.
(3) No goods, wares, merchandise, tables, racks, or other items for sale or containing items for sale may be placed within seven (7) feet of the face of curbline in front of the building, with the following exceptions:
a. Tables and chairs for use by a restaurant or other business for the purpose of seating customers and serving food or non-alcoholic beverages may be placed on the sidewalk within seven (7) feet of the face of the curbline in front of the building so long as the City Manager or his or her designee approves the location and placement of the tables and chairs. The City Manager or his or her designee shall, upon application, grant approval of table and chair placement for the purposes above described once it is determined and agreed upon that the tables and chairs do not pose a safety hazard or adversely impact parking areas. Furthermore, if parking patterns change or safety hazards emerge, the City Manager or his or her designee reserves the power to withdraw permission for certain or all table(s) or chair(s) placement.
b. Tables and chairs used by a sidewalk café permitted pursuant to Division 2 of this Chapter.
(4) Prior to placing any goods, wares, merchandise or any items on the sidewalk, the merchant owning or occupying the business shall provide the city manager with a signed, notarized statement accepting total and complete responsibility for any accidents or other problems relating to the items placed on the sidewalk in front of his or her business. The statement shall include the beginning and ending date of the time covered by the statement.
(b) This section shall not prohibit the city council from authorizing sidewalk sales in the central business district or street fairs and festivals which allow vendors and craftspeople to display wares in streets which are blocked off from vehicular traffic.
(Code 1982, § 6-2002; Ord. of 10-3-89, §§ 1, 2; Ord. of 5-8-01, § 2; Ord. of 5-22-01, § 2; Ord. No. O-15-01-06-3, § 3, 1-6-15)
Cross References: Licenses, permits and business regulations, Ch. 10.