The rules and requirements for the establishment of an exterior eating and/or drinking area on public property, and a penalty for the violation of the same, are as follows:
(a) A site plan of the sidewalk area must be submitted to the Planning Commission, showing:
(1) Dimensions of property frontage.
(2) Dimensions from building face to edge of sidewalk and from edge of sidewalk to curb.
(3) Dimension of all tables, chairs and other apparatus to be in this area.
(4) The location on sidewalk of all tables, chairs, barriers, planters and other apparatus.
(5) The specific materials, furniture and colors to be used.
(6) A description of how this area will be managed and maintained.
(b) The width of the outside area shall fit within the property boundaries.
(c) The area to be used may extend from the face of the building toward the curb, but a clear minimum pedestrian passageway of six feet shall be maintained at all times, exclusive of all sign posts, tree grates, etc. The grass or brick area between the sidewalk and the curb may not be used as part of the six foot passageway.
(d) The tables and related apparatus shall not obstruct the visibility of vehicular or pedestrian traffic.
(e) The outside area must be confined within a clearly defined boundary using temporary materials. Acceptable materials will include planters with flowers, foliage, or decorative fencing. The maximum height of the boundary material must not exceed 72 inches.
(f) The enclosed outside area must be supervised by appropriate personnel at all times when alcoholic beverages will be served or consumed.
(g) The outside area must be cleaned regularly and as needed, and shall include an additional ten (10) foot area surrounding the area in use. All areas must be cleared of any trash, debris and litter at the time of the establishments closing each day.
(h) All exits must be kept clear when sidewalk furniture and related apparatus are stored inside or outside the building.
(i) At the end of the lease period, at the termination of the license, or when the establishment permanently closes the outside area, the sidewalk area must be returned to the condition that existed prior to the use of the outside area.
(j) Canopies, awnings and umbrellas must be firmly installed to withstand typical weather conditions. The items must be rolled up and securely fastened when the establishment is closed, or they must be dismantled.
(k) Where applicable, proof of liquor license for outside alcohol consumption shall be provided prior to outside area being opened.
(l) A Certificate of Insurance in the minimum amount of one million dollars for general liability coverage naming the City as additional insured, must be furnished to the City.
(m) The outside area must be closed at least thirty (30) minutes prior to the establishment closing, but not later than 2:00 a.m.
(n) The Fire Department will determine the allowable occupancy of the outside area.
(o) Prior to the establishment of an outside eating, drinking or smoking area, the requestor must appear before the City Planning Commission for review of their proposal. If the location is within the Boneyfiddle/Downtown Improvement area, the requester must appear before the Design Review Board prior to meeting with the Planning Commission.
(Ord. 75-07. Passed 11-13-07.)