(a) No person shall use any sidewalk, street or alley in the City for the purpose of selling, displaying or exhibiting any goods, wares, merchandise, real estate, food and drink or livestock, except;
(1) When such sale is conducted pursuant to an order of a court;
(2) When authority is granted by the Director of Public Service, which authority shall be evidenced by a permit allowing the sale of such merchandise upon sidewalks, streets or alleys to be specified in such permit. The Director shall issue such a permit only when the applicants have satisfactorily demonstrated that the permit is to be used in connection with a cooperative effort on the part of local merchants to promote business, and the permit shall be issued to not fewer than ten of such merchants or to an organization representing not fewer than ten of such merchants.
(3) When authority is granted by the Director to a food service establishment for the purpose of operating a sidewalk cafe or similar outdoor eating facility upon a sidewalk in a manner to be specified in such permit. The Director shall issue such a permit only when the applicant has satisfactorily demonstrated that the operation of the sidewalk cafe or similar eating facility is in conjunction with and contiguous to a regular food service establishment owned or operated by the applicant. No permit shall be issued by the Director until the applicant has presented to the Director a certificate from the City Board of Health, or its authorized representative, indicating that the sale of food and beverage, in the manner contemplated, is permissible and that the operation of the sidewalk cafe or similar facility is covered by all necessary licenses and permits issued by the Board of Health to the applicant for the operation of such a facility, notwithstanding any other provision of this chapter.
(4) When business establishments regularly occupying structures in the General Business District, as shown on the Zoning Map of the City, as from time to time amended, conduct sales on sidewalks immediately adjacent to the structure occupied by the business establishment that are ten-feet wide or more, provided that the sale is not conducted in such a manner as to interrupt the flow of sidewalk pedestrian traffic or to otherwise constitute a nuisance or hazard. Such sales may be conducted without the necessity of first obtaining a permit. Signs not in conflict with the sign ordinance and promotional robots which advertise sales and special events may be placed upon the sidewalk, provided that those items do not interrupt the flow of sidewalk pedestrian traffic or otherwise constitute a nuisance or hazard.
(b) No person shall use any sidewalk, street or alley in the City, even though such person may have received a permit issued pursuant to this chapter, if the Director of Public Service determines that the use of such sidewalk, street or alley constitutes a hazard or an impediment to persons wishing to use such sidewalk, street or alley for passage. No person, after having been notified by the Director or his or her authorized agent to cease and desist such operation or use of a sidewalk, sheet or alley, or to otherwise modify such operation or use, shall continue to use such sidewalk, street or alley in contravention of such order or notice of the Director.
(c) Permits issued by the Director under paragraph (a)(2) hereof shall be effective for not more than seven days. Permits issued by the Director under paragraph (a)(3) hereof shall be effective from May 1 to August 31 of each year.
(Ord. 89-70. Passed 11-6-89.)