§ 99.55  USE OF SIDEWALKS FOR CAFÉS.
   (A)   Permit required. It shall be unlawful for any person, firm, corporation, organization or association to use the public sidewalk for the operation of a sidewalk café, whether offering direct service to the table or not, without obtaining a sidewalk café permit. Permits will be issued only to businesses owning or leasing property immediately adjacent to an improved sidewalk within a public right-of-way. No permit shall be issued to any business which is not in compliance with all provisions of this code.
   (B)   Definition.OUTDOOR CAFÉ shall mean a use of public sidewalk by a food service establishment for the serving of food and beverages. The use will be characterized by the outdoor use of tables, and chairs, umbrellas, and perimeter boundary defining barriers.
   (C)   Application. Application for an outdoor café permit shall be made on forms supplied by the city, and submitted to the City Clerk for review by the Community Development Coordinator. The application shall require the following:
      (1)   The name, address, and telephone number of the owners of the property and the food service establishment related to the permit.
      (2)   A copy of a valid permit or license from the Coles County Health Department.
      (3)   A drawing or sketch which will include the dimensions of the proposed permit area and which shows the location and type of the tables, chairs, trash receptacles, and other equipment proposed to be used, location of ingress and egress, the curb line and any existing public or utility-owned equipment facilities in or adjacent to the area proposed which are visible to the eye, including but not limited to parking meters, trees, manhole covers and utility poles or openings.
      (4)   An operations plan specifying the proposed dates, days and hours of operation of the outdoor café, the hours of operation of the adjacent restaurant, scheduled maintenance of the permit area, maximum seating capacity, and method of providing security and maintenance.
      (5)   An original of a certificate of insurance listing the required coverage amounts and policy periods of the permittee's general liability policies.
      (6)   An executed waiver of liability in a form approved by the City Attorney.
      (7)   Any other information related to the requirements of this chapter that the Mayor or City Clerk deems necessary.
   (D)   Review of applications. The City Clerk shall review the application for a sidewalk café permit and determine whether to issue the permit. No permit shall be issued pursuant to this chapter unless the Community Development Coordinator has determined the following:
      (1)   There are no outstanding fines, fees, taxes or other charges due and owed to the city by the applicant or the owners of the real property on which the establishment is located.
      (2)   The applicant has supplied all of the information required on or by the application, and any additional information requested by the City Clerk.
      (3)   All of the requirements of this chapter have been met.
   (E)   Additional conditions. The Clerk may impose conditions upon the issuance of a sidewalk café permit in order to protect the use of adjacent right-of-way for its intended purpose, to prevent congestion of vehicular or pedestrian traffic flow and to otherwise carry out the purpose and intent of this chapter and this code.
   (F)   Regulations. All permit holders are subject to the following regulations:
      (1)   An outdoor café is permitted only on sidewalks. The permit area shall be immediately adjacent to the establishment requesting the permit, or on sidewalks contiguous to the sidewalk adjacent to the establishment.
      (2)   No permit will be allowed if seats or equipment in the outdoor café result in the need for additional restrooms or additional parking and unless such additional restrooms or parking are provided.
      (3)   Outdoor café permits are valid from April 1 to October 31 of each year. All permits shall expire annually on November 1 of each year.
      (4)   The hours when service is permitted at the outdoor café shall be during business hours of the permittee.
      (5)   Any person making use of an outdoor café shall do so in a reasonable manner with due regard for the health and safety of persons and property. No permittee shall make any physical alteration to public property without the written permission of the Public Works Director. A permittee shall owe a duty to the city and third persons to maintain the permit area in a clean, safe and sanitary condition.
      (6)   The permittee shall keep the permit area free of litter, cans, bottles and spills at all times. The permittee shall promptly collect and dispose of all litter, trash and other waste materials associated with the outdoor café, including material in the adjacent public right-of-way or property originating from the outdoor café. The permittee shall dispose of any such waste in their trash containers only, no trash may be put into city-maintained trash receptacles.
      (7)   No cooking or food preparation shall be permitted at any time within the permit area.
      (8)   Upon the expiration or other termination of an outdoor café use permit, the permittee shall immediately remove all tables, chairs, furnishings, equipment and other items of personal property from the permit area. Any such items remaining on the pubic right-of-way may be removed and disposed of by the city at the sole cost and expense of the permittee.
      (9)   No live entertainment shall be allowed at any time within the permit area. This provision shall not prohibit piped-in-sound, so long as such sound otherwise complies with the city's noise regulations.
      (10)   Only the following types of furniture or other equipment may be located in an outdoor café; tables and chairs, umbrellas, waste receptacles, bussing carts, one  sandwich board sign.
      (11)   All items placed on the sidewalk must be located in accordance with the approved drawing submitted with the application for permit. If the permittee wished to change the location of items on the sidewalk a drawing of the new configuration must be submitted to the Community Development Coordinator for approval.
      (12)   All items must be placed so as not to create hazards. Incidental items placed in the public sidewalk during the operations of the permittee shall be properly weighted to prevent a wind-blown hazard and shall be removed at the end of each business day.
      (13)   Said furniture and other equipment shall be portable, shall not be chained, bolted or otherwise secured together as a unit, shall not be affixed to the surface of the permit area, and shall be removed on a nightly basis within  30 minutes after cessation of service in the outdoor café.
      (14)   Tables shall be freestanding with detached chairs or seating, unless it is determined that another design meets the intent of these regulations and a specific exception is permitted in writing by the Community Development Coordinator.
      (15)   Umbrellas shall have a maximum diameter of six feet, a weighted base and be fabric covered.
      (16)   No signs, banners, sandwich boards or other like advertising, except for one sandwich board, no larger than six square feet in area on any one of two sides, no greater than four feet in height, shall be located in the permit area.
      (17)   Tables, chairs, umbrellas, sandwich boards, and other permissible equipment shall be located in the outdoor café area so that there remains open, at all times, a longitudinal walking space, the location of which shall be determined by the Community Development Coordinator or designee, of a minimum of four feet in width, which distance may be increased if the Community Development Coordinator deems it necessary for pedestrian safety, with a cross-slope not to exceed Americans and Disability Act (ADA) requirements.
      (18)   The placement of portable heaters must be reviewed and approved by the city's Fire Chief.
      (19)   The City Clerk and Community Development Coordinator may promulgate administrative rules relating to the requirements contained in this chapter. Such rules shall be attached to the permit and be followed by the permittee.
      (20)   Subject to the requirements of the code, the permit holder shall, as part of the right granted pursuant to the permit, be entitled to remove or exclude persons from the permit area during hours of business operation, such permittee is authorized to give notice to any such person to prevent such entry. No cover charge or minimum purchase may be required for admittance to an outdoor café area in the public right-of-way.
   (G)   Fees.  The fee for a sidewalk café permit shall be $25 per table per season. The fee shall be paid upon the issuance of the permit.
   (H)   Indemnification; payment for cleaning or damages. As an express condition of the issuance of the permit, each permittee shall agree in writing to indemnify and hold harmless the city against all claims, liability, loss, injury, death or damage whatsoever in connection with or arising out of the use of the outdoor café by anyone, except where the claim is the result of the sole negligence of the city. Additionally, as an express condition of the issuance of the permit, the permittee shall agree to, within seven days after the billing date, pay to the city all costs associated with damage to the pavement or other city-owned facilities located in or adjacent to the permit area caused by operation of the food service establishment, or the cleaning of or trash removal from the permit area or adjacent premises occasioned by the failure of the permittee to clean or removed such trash.
   (I)   Insurance requirements. All persons, prior to receiving a permit, shall procure and maintain for the duration of the permit, public liability and property damage insurance pertaining to the permit area in a minimum  amount of $2,000,000 per person and $2,000,000 in the aggregate per occurrence and property damage in a minimum amount of $2,000,000, which shall name the City of Mattoon, its officers and employees as additional insureds and the same shall provide that the policy shall not terminated or be canceled prior to the expiration date without 30 days advance written notice to the city. Proof of such insurance, issued by an insurance company licensed to do business in the State of Illinois in the form of a certificate of insurance, shall be attached to the application.
   (J)   Enforcement.
      (1)   The city may inspect the permit area at any time. The city shall mail or deliver the results of the inspection to the permittee.
      (2)   Any violation of the provisions of this section shall be remedied within the time given in the notice or if not stated in the notice, within seven calendar days from the date of delivery of post-mark on the notice.
      (3)   The use of a public sidewalk as an outdoor café shall be subject to temporary suspension or termination at any time by the city in the interest of the public health, safety and welfare. To the extent that a permit area is needed by the city for the purposes for which it was dedicated, or any other public purpose, the city may immediately terminate the revocable use permit by sending written notice to the permittee and assume full possession and control of the permit area. The permittee shall remove all furniture from the right-of-way within the time specified by the notice. If the furniture is not removed by the permittee, the city shall be authorized to remove all furniture and other objects of permittee from the permit area. If such furniture is not reclaimed by the permittee within seven days after removal by the city, the property shall be presumed abandoned and subject to disposal.
      (4)   The permittee shall be subject to the penalty provisions and procedures set forth in § 10.99 of this code.
(Ord. 2007-5240, passed 9-18-2007)