(A) Within the B-1 District as defined by the city’s Land Use Ordinance, goods and merchandise for the purpose of sale or advertisement may be displayed on the city street or sidewalk seven days a week, as follows.
(1) Goods and merchandise for the purpose of sale or advertisement may be displayed except for upholstered furniture, mattresses, electronics, animals or livestock, and appliances.
(2) All items may be displayed only during the business hours of operation.
(3) Items for display may extend no further than three feet from the building onto the sidewalk; however, clearance of a minimum of four feet must be maintained at all times.
(4) A business may only display goods and merchandise along the street or sidewalk within one-half of the length of their building frontage.
(B) The occupant of any building abutting upon any sidewalk may temporarily use the same for such time only as may be necessary while engaged in loading, or unloading or otherwise carrying or transporting the same in or out of such building; provided further, that no person shall load, unload, place or maintain goods, wares or merchandise in front of the business of the person, whenever there shall be an alley in the rear of the business and the alley can be used for the purpose of such loading and unloading.
(C) Sidewalk cafés.
(1) General. Notwithstanding any other provisions of this code to the contrary, sidewalk cafés or sidewalk dining shall be permitted in the B-1 and B-4 Business Districts to include the Entertainment Overlay District (EOD) as indicated on the official zoning map of the city and shall be subject to such regulations as are set forth in this division (C).
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PEDESTRIAN WAY. An improved walk or passageway, not adjacent to any city street, intended for use by pedestrians.
RESTAURANT. An establishment engaged in the business of regularly selling food, customarily, but not exclusively, to be eaten on the premises, including businesses that are commonly referred to as restaurants, cafeterias or cafés, where food is sold.
RESTAURANT OPERATOR. A person, firm or corporation who owns or operates a restaurant and any associated sidewalk café.
SIDEWALK. The portion of a public street between the curb line, or the lateral lines of a roadway if there is no curb, and the adjacent property line or street right-of-way line that is intended for the use of pedestrians.
SIDEWALK CAFÉ. The portion of the dining operation of a restaurant that extends into the sidewalk or pedestrian way pursuant to a permit authorized by this division (C).
(3) Permit required. No restaurant owner may operate a sidewalk café without first obtaining a permit from the City Manager in accordance with the requirements of this division (C). As used in this division (C), the term City Manager includes his or her authorized representative.
(4) Permit; application.
(a) General. Notwithstanding any other provisions of this code to the contrary, sidewalk cafés shall be permitted at such locations and subject to such regulations as are set forth in this section.
(b) Application. Any restaurant owner desiring to operate a sidewalk café shall prepare and file an application with the City Manager which shall contain the following information:
1. The name, address and telephone number of the restaurant desiring to operate a sidewalk café;
2. The name, address and telephone number of the restaurant owner and operator;
3. The type of food, beverage or food product to be sold and served at the sidewalk café;
4. The hours of operation of the restaurant and the proposed hours of operation of the sidewalk café;
5. A drawing or site plan showing the section of sidewalk or pedestrian way to be used for the sidewalk café, and the section to be kept clear for pedestrian and fire lane use, and depicting the proposed placement of tables, chairs, barricades, umbrellas, trash receptacles and other furnishings on the sidewalk or pedestrian way;
6. Indemnity; insurance. In consideration for the granting of the permit, the restaurant operator agrees to indemnify and hold harmless the city, its officers, agents and employees against loss or expense including attorneys fees, by reason of the liability imposed by law upon the city, for damage because of bodily injury, including death, at the time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of the granting of a permit pursuant to this division (C)(4). The restaurant shall agree to such indemnity on the application for the permit. The restaurant operator shall secure and maintain comprehensive general liability insurance protection including but not limited to coverage for all premises and non-premises operations, independent contractors, broad form property damage coverage, including explosion, collapse and underground property damage hazards, personal injury liability protection including coverage relating to employment of persons, contractual liability protection covering the indemnification of the city by restaurant operator. All insurance required under this agreement shall be written with a company licensed to do business in the state. Such insurance shall name the city as an additional insured and shall provide that the policy shall not terminate or be cancelled prior to the expiration date except upon 30 days advance written notice to the city. Certificates of insurance or binders for all of the insurance coverages described herein shall be submitted with the application for the permit. If only binders are submitted with the application, the restaurant operator shall submit to the city’s Risk Administrator, Department of Risk Management, certificates of insurance for all of the insurance coverages described herein within 30 days after a permit is granted and, with respect to certified copies of any amendments, and/or renewals, promptly thereafter;
7. A copy of all the permits and licenses by the county, state or the city, including health and ABC permits and business licenses, necessary for the operation of the restaurant business, or a copy of the application for the permit if no permit has been issued. This requirement includes any permits or certificates issued by the city or other governmental authority, for exterior alterations or improvements to the restaurant;
8. A sworn statement describing any violation by the restaurant owner and operator of any laws, regulations or ordinances relating to the possession, sale consumption or transportation of intoxicating beverages or controlled substances during the five years immediately preceding the date of the permit application;
9. Such additional information as may be requested by the City Manager or his or her designee in order to determine compliance with this section; and
10. A one-time fee in the amount of $100 to cover the cost of processing and investigating the application and issuing the permit.
(5) Issuance of permit. No permit for the operation of a sidewalk café may be issued unless the application is complete and the following requirements are met.
(a) The sidewalk café must be associated with an operating restaurant such that it is under the same management and shares the same food preparation facilities, restroom facilities and other customer convenience facilities as the restaurant. The sidewalk café must be operated under the same name as the restaurant and may not be open or operated at any time when the restaurant is not open for business.
(b) The operation of the sidewalk café must be clearly incidental to the associated restaurant business. The seating capacity of the sidewalk café may not be more than 50% of the interior seating of the associated restaurant.
(c) The placement of tables and chairs and other furnishings as shown in the drawing submitted with the site plan must be done in such a manner that at least five feet of unobstructed space remains on the sidewalk or pedestrian way for the passage of pedestrians. No fire exits or lanes may be blocked and such must remain clear at all times. The pedestrian passage may not be used for the display of merchandise or for portable signs.
(d) The restaurant seeking to operate the sidewalk café must front on and open onto the sidewalk or pedestrian way proposed for the sidewalk café. The placement of tables, chairs and other furnishings may not extend beyond the sidewalk or pedestrian way frontage of the associated restaurant, with the following exception: tables, chairs and other furnishings may extend up to eight feet onto adjacent property frontage in either or both directions with the written permission (provided at the time of application) of the occupant of the adjacent property.
(e) The tables, chairs and other furnishings used in the sidewalk café shall not be anchored and shall be of a type of street furniture that is easily moveable. All tables, chairs and other furnishings shall be removed every day at the close of business.
(f) Except as elsewhere permitted by the code, the operation or furnishings of the sidewalk café shall involve no permanent alteration to or encroachment upon any street, sidewalk or pedestrian way or to the exterior of the associated restaurant.
(g) Each sidewalk café shall provide adequate trash receptacles for its patrons within the perimeter of the barricades. At the end of each business day and during operating hours, the operator shall remove all trash and debris of any sort from the area within the sidewalk alongside and abutting properties any trash or debris originating as a result of the operation of the sidewalk café.
(i) No live entertainment is permitted on a sidewalk or pedestrian way unless it is in conjunction with a separate permitted special event.
(j) All patrons of a sidewalk café must be associated with a designated table partaking in food and beverages from the associated restaurant. People not patronizing the associated restaurant or sidewalk café shall not be loitering in the sidewalk café area.
(6) Alcoholic beverages. Notwithstanding any other provisions of this code, alcoholic beverages may be served in approved sidewalk cafés provided that the following requirements are met:
(a) The sidewalk café shall be part of a restaurant and shall otherwise be authorized, permitted or licensed under the state law and this code to serve and sell alcoholic beverages for on-premises consumption.
(b) The sidewalk café must be included as part of the premises for which an ABC permit is issued pursuant to state law, for the purpose of applying and enforcing state laws regarding the sale or consumption of alcoholic beverages.
(c) Signs shall be posted, visible at all exit points from the sidewalk café, that it is unlawful to remove alcoholic beverages from the premises.
(d) The restaurant operator shall not have violated any law, regulation or ordinance relating to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances for the three years preceding the commencement of the sale of alcoholic beverages at the sidewalk café.
(e) No outdoor bar is allowed with the sidewalk café, nor shall outdoor preparation of alcoholic beverages be permitted except that unfortified wine may be decanted or beer poured at a table as part of a meal.
(7) Denial. A permit may be denied if it is found that the application does not demonstrate compliance with the section and/or that the granting of the permit would not be in the public interest. Any applicant denied a permit to operate a sidewalk café shall receive a written statement outlining the grounds on which the denial is based. The applicant may appeal the denial of the permit to City Council within 15 working days after the date of the written denial, and City Council may take such action as it shall find necessary. The finding and determination of City Council shall constitute final action by the city.
(8) Terms and transfer. Permits for a sidewalk café issued in accordance with the provisions of this division (C) shall be issued for the period beginning July 1 or thereafter and expiring June 30 of each year. If a permittee discontinues the restaurant operation or the sidewalk café, no refund of the permit fee shall be made. Permits issued pursuant to this section shall not be transferable or assignable, Permits may prohibit operation of sidewalk cafés during special events and contain other conditions and restrictions as may be necessary to protect the public health, safety and welfare.
(9) Permit suspension.
(a) The City Manager may suspend a permit issued pursuant to this section if he or she finds one or more of the following conditions exist:
1. Violation of any provision of the County Health Department regulations or of this section;
2. Violation of any law, regulation or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances;
3. Operation of the sidewalk café in such a manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare; specifically including failure to keep the café area clean and free of refuse; and/or
4. Operation of the restaurant or sidewalk café in violation of any city, county or state law, ordinance or regulation.
(b) Such permit suspension shall take effect immediately upon delivery of a citation to the restaurant operator or, in his or her absence, the person with supervisory authority over the operation of the restaurant and shall be reinstated once the City Manager has verified that the condition has been remedied.
(c) The restaurant operator may request a hearing contesting the suspension of the permit by filing written notice thereof upon the City Manager. Such hearing shall be held and a written decision rendered within 15 days of the date of receipt. Such decision of the City Manager may be appealed to the City Council by written notice thereof filed with the City Clerk within 15 days of the date of receipt of said decision.
(10) Permit revocation.
(a) The City Manager may revoke a permit issued pursuant to this division (C) if he or she finds that the restaurant owner/operator has:
1. Deliberately misrepresented or provided false information in the permit application;
2. Violated any provision of the County Health Department regulations or of this division (C);
3. Violated any law, regulation or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances;
4. Operated the sidewalk café in such a manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare; specifically including failure to keep the café area clean and free of refuse;
5. Failed to maintain any health, business or other permit or licensed required by law for the operation of a restaurant business;
6. Fails to consistently maintain the sidewalk café in a neat and trash free manner; and
7. Operated the restaurant or sidewalk café in violation of any city, county or state law, ordinance or regulation.
(b) In the event the City Manager determines good grounds exist for the revocation of a permit issued under this division (C), he or she shall provide the restaurant operator a notice to show cause, stating with particularly the grounds therefor, why the sidewalk café permit should not be revoked.
(c) The restaurant operator shall be provided an opportunity for a hearing, following which the City Manager shall render an order in writing.
(d) The restaurant operator may appeal any such order by filing a written appeal with the City Clerk within 15 days of receipt thereof. City Council shall conduct a hearing on the appeal and render its decision thereon.
(e) The finding and determination of City Council shall constitute final action by the city.
(1997 Code, § 98.03) (Ord. 2010-21, passed 10-5-2010; Ord. 2010-23, passed 11-9-2010) Penalty, see § 10.99