(A) Any food establishment that operates a restaurant and is licensed under this chapter and the provisions of the State ABC Code, may, upon application to the County ABC Administrator, ask for permission to expand the operation of that restaurant onto a part, and only that part, of the public sidewalk that immediately adjoins the licensed premises (hereinafter referred to as “sidewalk cafe”).
(B) Licensees that do not serve food shall not be eligible to apply for a sidewalk cafe permit.
(C) The issuance of a permit shall be subject to the following conditions and restrictions.
(1) No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of 36 inches must be maintained on the public sidewalk at all times. The sidewalk cafe shall not be permitted in any manner to obstruct the entrance or exit to the restaurant, or to encroach on any adjoining business.
(2) No tables, chairs or any other furnishings, except plant tubs, shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe is not open and being operated. Tables, chairs and other portable appurtenances shall be confined to the area named or shown on the approved permit. While the cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condition.
(3) The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. All public improvements, including but not limited to, trees, light poles, traffic signals, pull boxes or manholes, or any public-initiated maintenance procedures, shall take precedence over the use of the public sidewalk at all times.
(4) In addition to all other requirements of law, the licensee shall take reasonable steps to insure that alcoholic beverages are consumed only by patrons of the establishment who are of age, and not by passers-by or persons who are not of age or who are obviously or apparently intoxicated.
(5) No disposable cups or drinking vessels may be used, and the licensee shall not permit any alcoholic beverages to be taken off premises by patrons, customers or guests.
(6) At no time shall any music originating from any part of the premises create a nuisance.
(7) The licensee must at all times comply with all federal, state and local laws regarding the sale, service and consumption of alcohol and the operation of the premises.
(8) The permit for a sidewalk cafe may not be assigned or transferred.
(9) No sidewalk cafe permit shall be effective unless the licensee has filed with the County ABC Administrator evidence of insurance, insuring the licensee against liability imposed by law arising out of the ownership, maintenance or operation of the sidewalk cafe. The insurance shall be in an amount of coverage that is a minimum of $500,000 per person for bodily injury, and a minimum of $1,000,000 per occurrence for property damage. The county shall be named an additional insured in the policy required. The insurance policy shall further provide expressly that it may not be canceled except upon ten days’ written notice filed with the County ABC Administrator.
(Ord. KOC 16-410-181, passed 5-17-2016) Penalty, see § 110.999