[Amended 9-28-2015 by Ord. No. 50-2015]
The Property Maintenance Division is hereby authorized to grant revocable permits for the use of the sidewalk for the display for sale of merchandise, flowers, floral arrangements and ornamental shrubbery not prohibited herein upon the following terms and conditions:
A. No more than 52 sidewalk sales can occur during each calendar year.
B. The permit and regulated activity shall be valid only during a single calendar year.
C. The permitted activity shall be conducted only as an accessory to a business establishment lawfully operating on the first floor of the premises, on the sidewalk in front of the principal place of business of such establishment and by the entity which operates such establishment. All sales shall be conducted within such establishment. No cash register or other facility for the exchange of currency or otherwise receiving payment for goods and services shall be permitted on the sidewalk.
D. The applicant shall have the consent of the owner and lessee, if any, of the premises in front of which the permitted activity is to be conducted and shall provide notice of the permitted activity to the adjoining property owner(s).
E. There shall be no less than eight feet from the curbline to the front of the nearest structure.
F. No sidewalk display shall be nearer than three feet zero inches to the curb, except that if the sidewalk is nine feet zero inches or more in width, then the distance from the curb shall be not less than one-third of the width of the sidewalk with a maximum of two rows.
G. The applicant shall at all times maintain free and clear from all obstruction an aisle not less than three feet in width providing access to any establishment fronting on said sidewalk.
H. No permanent structure may be affixed to the sidewalk or any building. The applicant shall be responsible for any damage caused to any sidewalk or public property.
I. The sidewalk use shall not interfere with access to any public service facility, create a nuisance or fire hazard.
J. At least one trash receptacle shall be provided by the business or person and the premises shall be kept litter free.
K. No outdoor lighting or live or mechanical music shall be permitted.
L. The sidewalk display shall be permitted only during the hours the business is open to the public or between the hours of 7:30 a.m. and 9:00 p.m.
M. The applicant shall agree to indemnify and save harmless the City of Reading, its officers, agents, attorneys and employees from and against any claim of loss, liability or damage by any person arising as a result of the applicant's operation of the sidewalk use.
N. The applicant shall obtain and maintain in full force and effect throughout the term of the permit a policy of general liability insurance, which such policy shall name the City of Reading, its officers, agents, attorneys and employees as additional insured, have a combined single limit of not less the $1,000,000 and contain a provision prohibiting its cancellation except upon 20 days' notice to the City of Reading. The applicant shall file with the Property Maintenance Division, prior to the issuance of the permit, a certificate evidencing the requisite insurance.
O. Any other conditions required or prescribed by the Property Maintenance Division shall be reasonable and necessary to protect the health, welfare and safety of the public, including the denial of the application.