A sidewalk café permit shall only be issued for the purpose of public convenience or public necessity. The issuance of the sidewalk café permit shall grant the applicant the privilege of using a portion of right-of-way for the purposes set forth in said permit, subject to the terms and conditions set forth in the permit and this section. This permission to encroach upon public right-of-way granted by the city is only a license to use the property in question; it is neither an easement nor a conveyance of real property; it may be revoked by the city at any time for any reason without compensation to the permit holder. After notice of the revocation, the permit holder shall immediately remove said encroachment from the city right-of-way. Prior to being granted an encroachment permit an applicant shall make an application on a form provided by the city. The applicant must comply with the requirements as provided by this chapter, unless such compliance is waived by the City Council. A sidewalk café permit may only be granted by a majority of City Council members then holding office.
(Ord. 19-O-15, passed 8-13-19)