The following rules and regulations shall apply to all restaurants providing sidewalk dining and to all sidewalk dining areas.
(A) Space and Clearance.
(1) Sidewalk dining is permitted only on sidewalks with a minimum width of 10 feet from the property line to the curb face; provided that if a traffic lane is adjacent to the sidewalk, sidewalk dining will be permitted only if the sidewalk width is 15 feet or more. The area designated for the sidewalk dining shall be considered an extension of the restaurant; therefore the location of the sidewalk dining area must be immediately adjacent to and have direct access to the restaurant. In the interest of public safety, sidewalk dining areas must maintain a clear pedestrian path of at least 4 feet at all times; on sidewalks with an adjacent traffic lane, the clear pedestrian path must be 10 feet wide. This clear pedestrian path must be free of any obstructions such as trees, parking meters, and utility poles to allow adequate pedestrian passage. Sidewalk dining areas shall not interfere with any utilities or other facilities such as telephone poles, fire hydrants, parking meters, mailboxes, or signs located on the sidewalk and in the public right-of-way. Sidewalk dining shall not interfere with snow removal within the clear pedestrian path; snow removal within the sidewalk dining area shall be the responsibility of the Permittee.
(2) Sidewalk dining areas may not impinge on required clear distances for maneuvering around entrances or exits. The sidewalk dining area must be accessible to disabled patrons and employees. When a sidewalk dining areas is located at a street corner, vision clearance requirements shall be in accordance with city ordinance; and in all events the vision of pedestrians and of operators of motor vehicles shall not be obstructed. These regulations shall also apply if a sidewalk dining area is adjacent to an alley or driveway.
(B) Furniture and Other Elements.
(1) Tables, chairs, umbrellas, awnings, and any other elements associated with a sidewalk dining area must be of quality design, workmanship, and materials to ensure the safety and convenience of patrons as well as to enhance the visual and aesthetic character of the streetscape and adjacent neighborhood. All sidewalk dining area elements will be reviewed as part of the sidewalk dining permit process.
(2) Sidewalk dining areas tables and chairs must be placed only inside the area designated for sidewalk dining. Table size should be kept to a minimum to avoid crowding. Appropriate density of tables and chairs will be reviewed; and same shall be subject to reasonable and appropriate conditions and restrictions. Permanent structures are not permitted within sidewalk dining areas. Elements cannot be attached permanently to sidewalks or other public rights-of-way. The Permittee is responsible for the restoration of the sidewalk or other public property if any damage is caused by Permittee’s use of the sidewalk for sidewalk dining.
(3) Temporary physical barricades to separate sidewalk dining areas from pedestrian traffic are allowed if they are constructed of finished quality materials including wrought iron chains, rope stanchions, picket fencing, planters, etc. Physical barriers clearly designating the sidewalk dining area (i.e. licensed premises) are required if liquor is consumed at a sidewalk dining area. No signs shall be placed on barricades. Paper products for the consumption of food or beverages are not permitted.
(C) Overhead Structures.
(1) Umbrellas and other temporary overhead structures are subject to approval during the sidewalk dining area permit process. No portion of any umbrella shall be less than seven feet above the sidewalk. Umbrellas and overhead structures cannot interfere with street trees, must be weather resistant, and designed to be secure during windy conditions.
(2) Awnings, either permanent or temporary, are subject to approval during the sidewalk dining area permit process. Awnings shall have no support posts located within the public right-of-way, and no portion of an awning shall be less than eight feet above the sidewalk.
(D) Signage. Menus are restricted to a maximum size of 9 x 12 inches. If the sidewalk dining area is not subject of a Downtown Sidewalk Dining Liquor Permit issued under § 111.05(N) of the Revised Code of Ordinances, a sign shall be posted in a visible location within the sidewalk dining area that states: “It is unlawful to possess or consume alcoholic beverages within the sidewalk dining area.”
(E) Lighting. Lighting for sidewalk dining area is subject to approval during the sidewalk dining area permit process. Lighting must complement the existing building and sidewalk dining area design and shall not cause a glare to passing pedestrians or vehicles. Electrical wires are not permitted within the sidewalk dining area. Acceptable tabletop lighting includes candles and low-wattage battery-operated fixtures. Additional lighting may be attached to the adjacent restaurant structure provided that written approval is obtained from the City Manager and all applicable City requirements are met.
(F) Outdoor Heaters, Fans and Coolers. Outdoor heaters, fans and coolers for sidewalk dining areas are subject to approval during the sidewalk dining area permit process.
(G) Vending Machines, Carts. Vending machines, carts, or other objects for sale are prohibited.
(H) Service and Use. All services provided to sidewalk dining area patrons as well as all patron activity (waiting, sitting, dining, etc.) must occur only within the designated sidewalk dining area and not encroach on pedestrian traffic areas (i.e. the clear pedestrian path) at any time. Equipment necessary for dispensing any other items is subject to review during the sidewalk dining area permit process. The restaurant must provide supervision of the sidewalk dining area at all times to ensure that dining operations and the conduct of patrons are in compliance with this Chapter 119.
(I) (1) Each Permittee shall maintain the insurance coverage required during the permit period. The certificate(s) of insurance shall be filed with the City Clerk and presented to the City Manager prior to the issuance of a permit. Failure of the Permitee to maintain any required insurance shall subject the Permit to suspension or revocation.
(2) Insurance Requirements. Every Downtown Sidewalk Dining Permit applicant (and Permittee) must furnish a certificate of insurance proving commercial insurance coverage of at least $1,000,000 for bodily injury, death, disability, and property damage liability. The policy of insurance shall provide for 30 days’ prior written notice to the City if coverage is substantially changed, cancelled, or not renewed. The City shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a sidewalk dining area. Each permit holder shall indemnify, defend, and hold the City harmless from any loss that results directly or indirectly from the permit issuance or operation of the sidewalk dining area. If alcoholic beverages are served at the sidewalk dining area, the permit holder shall provide proof of liquor liability insurance for the sidewalk dining area with limits not less than $1,000,000 or as required by Chapter 111 of the Revised Code of Ordinances, whichever is greater.
(Prior Code, Art. 32, § 32F)