The Codes Enforcement Office is hereby authorized to grant revocable permits for the use of the sidewalks for sidewalk cafes in the Commercial Core Zoning District upon the following terms and conditions. Registration shall be on a permit approved by the City Council. When the Codes Enforcement Office has approved the issuance of a sidewalk cafe permit, the applicant shall be issued a permit. The permit shall contain the information required on the application, the expiration date, and one of the photographs submitted with the application. The permit shall be carried by the applicant at all times when engaged in sidewalk cafe activities and shall be exhibited for inspection for any person.
A. The applicant shall comply with all of the terms and conditions for a sidewalk cafe permit, set forth in this chapter, including, without limitation, the indemnification, and insurance requirements.
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B. The applicant shall delineate the cafe area with a removable physical barrier separating patrons from pedestrian traffic. The delineation and layout of the cafe area shall be consistent with the site plan submitted by the applicant.
C. No sidewalk cafe may be operated except:
(1) As an accessory to a restaurant or retail food store lawfully operating on the first floor of the premises.
(2) On the sidewalk in front of the principal place of business of such entity.
(3) By the entity which operates the restaurant or retail food store.
D. Sidewalk cafes shall operate only during the hours that the facility's kitchen is open for service, but not after 11:00 p.m.
E. Furnishings of a sidewalk cafe shall consist solely of readily removable umbrellas, covers, railings, tables, chairs, planters containing live plants, waste receptacles and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property or to any building or structure. All furnishings shall be removed from the sidewalk and stored in an approved manner when the sidewalk cafe is not in operation.
F. All food must be prepared within the existing restaurant or retail food store upon which the cafe permit has been granted.
G. The applicant shall be responsible for obtaining, maintaining in full force and effect and complying with the terms and conditions of any permit which may be required under any other law or regulation for the serving of food or beverages, including alcoholic beverages, at a sidewalk cafe.
H. Sidewalk cafes, the public property on which they are located and the surrounding area shall at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury.
I. The applicant shall maintain a sufficient number of receptacles for the disposal of waste, properly covered to prevent infestation by insects. Such receptacles shall be emptied as often as is necessary, but in no event less than once per day.
J. All sidewalk cafes and attendant facilities shall be inspected by the Codes Enforcement Office or his designee and the Public Works Director or his designee prior to the issuance of a sidewalk cafe permit.
K. Acceptance of a sidewalk cafe permit is an express acknowledgment and consent to the terms and restrictions set by this chapter and the Health Officer. The grant and usage of such permit is a privilege, not a right, subject to reasonable restrictions as set out herein or as may be promulgated by the regulatory authority.
L. As an express condition of the acceptance of a permit hereunder, the recipient agrees to police for trash and debris in an area extending 15 feet in each direction from the outermost portion or boundary of the sidewalk cafe at least twice daily.
1. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).