The Development Director is authorized to issue permits for the use of public sidewalks for restaurant tables, chairs, and similar or related equipment for the purpose of serving food and non-intoxicating beer to the public, subject to the following conditions.
(a) An Outdoor Dining Area permit shall be required prior to placing tables, chairs, or any other equipment on any public sidewalk. Permits issued hereunder shall be valid from January 1 through December 31 of said calendar year, unless revoked prior to expiration, and may be renewed on an annual basis. An application for an Outdoor Dining Area permit shall be accompanied by a $50.00 administrative fee. An annual renewal permit fee of $25.00 shall be assessed for an existing Outdoor Dining Area permit. Any Outdoor Dining Areas that do not project more than two and one-half feet into the sidewalk from the line of the abutting property are still required to complete an Outdoor Dining Area permit application but all administrative fees will be waived.
(b) Any Operator holding a valid existing permit for a particular Outdoor Dining Area that continues to utilize that Outdoor Dining Area, shall be deemed to have re-applied for permission to use the same space for a succeeding permit term. Such Operator shall pay the annual renewal permit fee, complete all renewal paperwork and comply with any other renewal requirements of the Development Department, within thirty (30) days of the commencement of the succeeding permit term. If the Operator fails to meet all renewal requirements within the thirty (30) days, then the Operator's permit shall be deemed to have expired.
(c) A completed Outdoor Dining Area permit application shall include: a site plan, drawn to scale showing the layout for the Outdoor Dining Area which accurately depicts the existing sidewalk conditions, including sidewalk width from building face to curb; location and dimensions of tree wells; locations of lamp posts, traffic and parking signs, signal poles, trash receptacles, benches, bicycle racks, and other sidewalk features or obstructions; as well as design, location, size and space of the dining area, chairs, tables, enclosures, aisles between tables; routes of ingress and egress; clearances between the seating area and the curb, a picture and/or description of the barrier/landscape materials to be used, as well as any outdoor furniture and any such additional requirements of the Development Department with respect to type, style, or specifications of the Outdoor Dining Area, including those requirements that may be subject to approval of the West Virginia Alcohol Beverage Control Administration.
The design and placement of tables and chairs, as well as other equipment, shall comply with applicable requirements of the Americans with Disabilities Act. Outdoor Dining Area shall not be allowed within ten (10) feet of a fire hydrant, Fire Department standpipe connection, fire escape, loading zone, mail boxes, bus stops or traffic signal stanchions. No permits will be issued for off-site seating (i.e. seating in front of another business).
(d) After reviewing the application and site plan, the Development Director shall determine if the proposed Outdoor Dining Area, consistent with the requirements of this article, is reasonable, promotes pedestrian and retail friendly vitality, and that there is no less than forty-eight (48) inches remaining within the public right-of- way to facilitate safe circulation of pedestrian traffic, while promoting the overall public health, safety, and welfare. Thereafter, the Development Director may approve, approve with conditions, or deny an application. The permit shall be posted at the Operator's premises, visible to customers and the public. No material change to the approved plan shall be made without prior written approval by the Development Department and West Virginia Alcohol Beverage Control Administration.
(e) If serving non-intoxicating beer, a conditional permit will be granted for the outdoor dining area until the operator submits documentation from the West Virginia Alcohol Beverage Control Administration giving the operator approval for serving non-intoxicating beer within the Outdoor dining area. At that time, a final permit will be issued.
(f) The issuance of an Outdoor Dining Area permit does not grant or imply vested rights to use the area by the Operator but instead is a privilege granted to the Operator. The City retains the right to deny the issuance of a permit or the renewal of a permit for any lawful reason. The City shall have broad discretion to grant or revoke permits issued pursuant to this article in the interests of promoting pedestrian and retail friendly vitality, and improve the overall public health, safety and welfare. The City shall also have the right and power to prohibit the operation of an outdoor dining area at any time, because of the anticipated or actual problems and conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. The Development Director may suspend or revoke the Outdoor Dining Area permit after providing at least three days' prior written notice, except in an emergency, to the Operator. (Ord. 0-1574. Passed 9-26-17.)