For those companies, corporations, persons or individuals wishing to license the public right-of-way for installation of private amenities as described in § 1036.02(A) the following obligations shall apply:
(a) The licensee shall restrict use of the licensed premises to the patrons, customers and guests of the licensee's establishment when said premises are used for outdoor seating and dining purposes.
(b) The licensee shall not erect or permit any obstructions of a permanent nature to be located within the licensed premises.
(c) The licensee shall not erect or permit obstructions of a permanent or temporary nature to be located within the non-licensed portion of the public sidewalk or shared-use path or other real property within the public right-of-way.
(d) Any structure, amenity, or railing placed on the licensed public right-of-way shall be compliant with the Americans with Disability Acts.
(e) Any structure, amenity or railing placed on the licensed public right-of-way shall provide for six feet of sidewalk clearance remaining in the public right-of-way. Exceptions may be granted at the discretion of the Director of Public Works & Utilities or their designees in cases of small obstructions, including, but not limited to, flower planters, bike rack, or telephone pole.
(f) The licensee shall restrain and prevent its employees, patrons, customers, business invitees, and guests from blocking, obstructing or hindering the flow of pedestrian traffic upon the non-licensed portion of the public sidewalk, or pedestrian and bicycle traffic upon the shared-use path or other real property within the public right-of-way.
(g) The licensee shall keep the premises and any adjacent non-licensed public sidewalk or shared-use path or other real property within the public right-of-way clean and free of debris.
(h) Licensee shall acknowledge acceptance of the premises in “as is” condition with absolutely no warranties, implied or expressed, by the City as to the condition or suitability of the premises for the intended use.
(i) Licensee shall apply for and receive approval for all building, zoning and any other permits required as a result of the proposed use of public sidewalk or shared-use path or other real property within the public right-of-way before any occupation of the public sidewalk or shared-use path or other real property within the public right-of-way may occur.
(j) Licensee shall not assign any license without the written consent of the Director of Public Works and/or their designee. Such consent shall not be unreasonably withheld.
(Ord. O2015-06, passed 2-3-2015)