A. Purpose: The purpose of the regulations and standards in this section is to allow increased business and pedestrian activity by providing safe and visually appealing opportunities for outside dining in public rights of way in the area described as follows:
Both sides of G Street to the first easterly and westerly alleys, between 10th Street and 12th Street; properties fronting on 11th Street from F Street to the first westerly alley; properties fronting on the south side of 12th Street, between the first easterly and westerly alleys from G Street.
B. Definitions:
OUTDOOR DINING: As applied in this section, means the use of public rights of way by a licensed eating establishment for the placement of a limited number of tables and chairs for the serving and consumption of food and/or beverages.
RIGHTS OF WAY: Sidewalks abutting the frontage of an eating establishment.
C. Encroachment Permit Required For Outdoor Dining: Outdoor dining is allowed in public rights of way subject to issuance of an encroachment permit pursuant to this section.
D. Where Permissible: Outdoor dining is not permitted where the speed, volume or proximity of vehicular traffic is not compatible with sidewalk dining, as determined by the city engineer. All outdoor dining areas must be adjacent to and incidental to the operation of an indoor restaurant. Use of the sidewalk must be confined to the actual sidewalk and public right of way frontage of the indoor restaurant building.
E. Required Sidewalk Width: Outdoor dining is permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. The outdoor dining area shall leave not less than five (5) continuous feet of sidewalk width at every point which is clear and unimpeded for pedestrian traffic.
F. Alcoholic Beverages: The service and consumption of alcoholic beverages shall be permitted in an outdoor dining area provided that alcoholic beverage sales are permitted by the underlying zoning and subject to issuance of a conditional use permit in accordance with title 10, chapter 18 of this code. The service of alcoholic beverages shall be restricted solely to on premises consumption by customers within the outdoor dining area. Alcoholic beverages may be served with full meals only. The operator shall post a written notice to customers that the drinking or carrying of an open container of alcoholic beverage is prohibited and unlawful outside the outdoor dining area. The outdoor dining operation must be duly licensed by the state department of alcoholic beverage control.
G. Health Standards: The operator shall not permit the following outside the building: food preparation, tables preset with utensils, glasses, napkins, condiments, busing service stations or trash and garbage storage. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all times by the operator. Restrooms sufficient for indoor and outdoor dining shall be provided in the adjoining indoor restaurant. The operator shall be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas, in a clean and safe condition.
H. Hours Of Operation: Hours of operation for outdoor dining areas shall not exceed those of the adjoining indoor restaurant.
I. Special Closures: Outdoor dining, pursuant to an encroachment permit, is an interruptible or terminable privilege. The city shall have the right and power, acting through the city manager, to prohibit or interrupt the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from emergencies occurring in the area. To the extent possible, the permittee shall be given notice of any time period during which the operation of the outdoor dining area will be prohibited by the city.
J. Permit Issuance, Findings And Conditions: The city engineer is authorized to issue the necessary encroachment permit for use of designated portions of the right of way subject to all applicable provisions of this chapter. The city engineer shall condition the permit on:
1. Execution of an agreement holding the city harmless against claims from the applicant, patrons of the outdoor dining area, and pedestrians, in a form acceptable to the city attorney.
2. The operator providing the city with proof of general liability insurance with minimum coverage of five hundred thousand dollars ($500,000.00) per occurrence which lists the city as an additional insured on the endorsement and specifies location and circumstances. For those businesses licensed by the department of alcoholic beverage control to serve alcoholic beverages in outdoor dining areas, the liability coverage described in the preceding sentence shall be increased to one million dollars ($1,000,000.00).
3. Such other conditions as are necessary for public safety or to protect public improvements, including the hours of operation and term of the permit, and the extent and location of tables and chairs permitted.
4. Conditions necessary to restore the appearance of the city right of way to its original condition on termination of use.
K. Revocation: An encroachment permit for outdoor dining may be revoked by the city engineer following notice to the permittee, as provided in subsection 7-5-2H of this chapter. The permit may be revoked if one or more conditions of the permit or of this section have been violated or if the outdoor dining area is being operated in a manner which constitutes a nuisance, or the operation of the outdoor dining area unduly impedes or restricts the movement of pedestrians past the outdoor dining area.
L. Appeal Procedure: In accord with the following provisions, any applicant or other interested person dissatisfied with any decision made under this section may appeal such decision to the city council in accordance with subsection 7-5-2D2 of this chapter.
M. Enforcement: The city engineer, community development director and chief of police, or other person authorized by the city manager, shall be authorized to enforce provisions of this section and to take such action as may be necessary to ensure compliance with the regulations, general provisions or conditions imposed upon the encroachment permit for outdoor dining. (Ord. 95-003, 2-28-1995)