(A) Purpose. The purpose of this section is to establish an appropriate review process for outdoor entertainment and to mitigate adverse conditions associated with this use through the approval of a conditional use permit by the Planning Commission.
(B) Definition. OUTDOOR ENTERTAINMENT shall mean cultural, entertainment, athletic, and other events for spectators outside of the building, either on public or private property. The provision of outdoor entertainment is considered incidental to the primary use and is provided on an intermittent basis.
(C) Permit required. Outdoor entertainment permits are granted either on a regular or temporary basis.
(1) Temporary outdoor entertainment permit. The Development Review Committee shall review all requests and approve, approve with conditions or deny temporary outdoor entertainment permits.
(a) Temporary outdoor entertainment is allowed for a maximum of 30 consecutive days in a 12-month period.
(b) The applicant shall be required to give written notification to all businesses that are located on both sides of the street on the same block of the subject property of the intent to have outdoor entertainment. Proof of such notification shall be provided to the city at the time of review by the Development Review Committee.
(2) Outdoor entertainment permit. The Planning Commission shall review all requests and approve, approve with conditions or deny all conditional use permits for outdoor entertainment.
(D) Requirements. All outdoor entertainment permits shall comply with the following regulations:
(1) The proposed entertainment must be sponsored by the adjacent business.
(2) A minimum unobstructed pedestrian clearance of at least 48 inches in width shall be maintained along the entire length of the sidewalk. Additional clearance may be required based on the location of existing sidewalk obstructions and pedestrian traffic volumes.
(3) An agreement satisfactory to the City Attorney shall be submitted to the city whereby the applicant agrees to indemnify, defend and hold the city and its officers, employees and agents harmless from any claims and damages that occur as a result of the entertainment.
(4) Minimum liability insurance as required by the city and naming the city as an additional insured shall be required and approved by the city's Risk Manager prior to commencement of the use.
(E) Calls for review. The City Manager, Community Development Director, Public Works Director, or the Police Chief may call up for review the outdoor entertainment permit of any business due to noncompliance with any of the conditions of approval.
(F) Revocation of outdoor entertainment permit. The Committee or Commission may revoke an outdoor entertainment permit. Violation of any of the following constitute grounds for revocation:
(1) When the continuation of the outdoor entertainment permit would be contrary to the public health, safety or welfare.
(2) The misrepresentation of a material fact by an applicant in its application.
(3) Notice to make those corrections from the city. A nuisance shall include but not be limited to loitering, littering, litter and poor site maintenance, public drunkenness, defacement and damaging of structures, pedestrian obstructions as well as traffic circulation and parking and noise problems on public sidewalks and streets.
(4) Violation of any condition of the outdoor entertainment permit.
(5) Violation of any municipal, state or federal laws.
(Ord. 2002-08, § 6, 2002)