(A) An outdoor restaurant is permitted only on sidewalks or approved plaza areas. The permit area shall be immediately adjacent to the food service establishment requesting the permit, or a sidewalk contiguous to the sidewalk adjacent to the food service establishment.
(B) The hours when service is permitted at the outdoor restaurant shall be between 6:00 a.m. and 11:59 p.m. during the period starting April 1 until November 1 of each year.
(C) Any person making use of an outdoor restaurant shall do so in a reasonable manner with due regard for the health and safety of persons and property. No permittee shall make any physical alteration to public property. A permittee shall owe a duty to the city and third persons to maintain the permit area in a clean, safe, and sanitary condition.
(D) The permittee shall keep the permit area free of litter, cans, bottles and spills at all times. The permittee shall promptly collect and dispose of all litter, trash and other waste materials associated with the outdoor restaurant, including materials in the adjacent public right-of-way or property originating from the outdoor restaurant. The permittee shall not dispose of any such waste in the public trash receptacles.
(E) Upon the expiration or other termination of an outdoor restaurant use permit, the permittee shall immediately remove all tables, chairs, furnishings, equipment and other items of personal property from the permit areas. Any such items remaining upon the public right-of-way after a reasonable opportunity to remove the same may be removed and disposed of by the city at the sole cost and expense of the permittee.
(F) A sidewalk café permit may allow for the temporary placement of tables, chairs, furnishings, equipment and other items of personal property related to the restaurant. Except for plaza areas, all tables and chairs must be portable, meaning that no such furniture shall be chained together or bolted together as a unit or affixed to the outdoor wall or ground surface.
(G) Umbrellas shall have a maximum diameter of eight feet and a minimum clearance of seven feet above the ground, a weighted base, and be fabric covered. All umbrellas must be made of cloth fabric; vinyl umbrellas are prohibited. Umbrella materials may not have a shiny, synthetic appearance. Signage on umbrellas is prohibited. No lettering, advertising, graphics, and/or logos are allowed on the umbrella face.
(H) Tables, chairs and umbrellas shall be located so that there remains open, at all times, a longitudinal walking space, the location of which shall be determined by the city, of a minimum of four feet in width, with slopes not to exceed Americans with Disability Act (ADA) requirements.
(Ord. 19-O-15, passed 8-13-19)