Café Tables and Chairs—Permit Required. | |
Authority to Issue Permits; Approved Guidelines. | |
Application for Permit. | |
Notice of Intent. | |
Issuance of Permit; Application for Variance. | |
Conditions and Restrictions. | |
Permit Not Deed or Easement; Suspension or Revocation of Permit. | |
Enforcement Assistance by Department of Public Health. | |
Appeal of Protest or Denial of Permit. | |
Penalties; Other Remedies. | |
Removal of Tables and Chairs. | |
No owner or operator of a business establishment shall occupy any portion of a public sidewalk, court, alley or street with tables and chairs without first obtaining a café tables and chairs permit in accordance with the provisions of this Article. Any business owner or operator occupying any portion of a public sidewalk, court, alley or street with café tables and chairs without a permit as required by this Article shall be subject to fines and penalties as provided in Sections 176.8 and 176.9 of this Article.
(Added by Ord. 236-93, App. 7/16/93)
The Director of Public Works or his or her designated representative is hereby authorized and empowered to issue café tables and chairs permits, revocable at will, to owners or operators of business establishments for the placement of café tables and chairs in the public sidewalk, court, alley or street adjacent to said business establishments, according to the procedures set forth in this Article.
The Director of Public Works shall approve and adopt guidelines for the design and placement of permitted café tables and chairs.
(Added by Ord. 263-93, App. 7/16/93)
Every owner or operator of a business establishment desiring to place café tables and chairs in a public sidewalk, court, alley or street shall first submit an application for a café tables and chairs permit to the Department of Public Works. Each such application shall state the name of the applicant, the name and address of the establishment, the proposed area to be occupied by the tables and chairs and the hours and days that the area is to be so occupied, and shall be accompanied by a fully dimensioned space-use plan showing the locations, number and arrangement of tables and chairs, the size of café tables and chairs to be used, the proposed size and locations of the pedestrian diverters planned to demarcate the occupied area, the location of the entrance to the establishment, the locations of fire exits or fire escapes, and the nature and location of any existing sidewalk obstructions.
(Added by Ord. 236-93, App. 7/16/93)
Following the filing of the application for a café tables and chairs permit, the permit applicant shall post a Notice of Intent to Place Café Tables and Chairs on the business premises according to the requirements set forth in this Section.
Contents to Notice. The form for Notice of Intent to Place Café Tables and Chairs shall be provided to each applicant by the Department of Public Works. Said notice shall include a description of the proposed café tables and chairs and the procedure for obtaining any additional information and for filing any protest or opposition to the proposed café tables and chairs.
Posting of Notice. The Notice of Intent to Place Café Tables and Chairs shall be posted in a conspicuous location in a window or other readily visible location of the frontage of the applicant's business establishment for 10 calendar days. The notice shall be protected from the weather as necessary and shall be clearly visible from the public sidewalk, court, alley or street and not obstructed by awnings, landscaping or other impediments.
(Added by Ord. 236-93, App. 7/16/93)
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