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§ 96.33 EXPANDED OUTDOOR DINING AREA; LICENSE REQUIRED.
   (A)   The owners or operators of food and beverage service businesses may apply to the city for an expanded outdoor dining area license to temporarily occupy parking spaces within city streets for the purpose of serving food and beverages to their customers. No person shall occupy any street or place any objects in any street for the purposes of using the street for an expanded outdoor dining area without first obtaining a license from the city.
   (B)   Applications for an expanded outdoor dining area license shall be reviewed by the city to ensure that the expanded outdoor dining area will:
      (1)   Not unreasonably interfere with the flow of pedestrian or vehicular traffic.
      (2)   Be aesthetically pleasing and consistent with the general character of the surrounding area.
      (3)   Be adequately illuminated.
      (4)   Not interfere with any fire department equipment or impede drainage.
      (5)   Be adequately separated from the street and sidewalk with appropriate barricades and screening.
      (6)   Not pose any safety or health concerns.
      (7)   Utilize approved heating equipment.
      (8)   Comply with all city and county ordinances and applicable state laws, COVID limitations, and city policies.
   (C)   After reviewing an application for an expanded outdoor dining area license, the city shall approve the application, deny the application, or approve the application subject to conditions reasonably necessary to ensure compliance with the standards enumerated in division (B) above. No application for an expanded outdoor dining area may be approved until the applicant pays in full the fee for occupying the city's streets, which shall be established by resolution of the City Council.
   (D)   Any person approved for an expanded outdoor dining area license must conduct all operations in the street consistent with the standards enumerated in division (B) above and in compliance with the following:
      (1)   The expanded outdoor dining area shall be kept free of debris and in a neat, clean, safe, reasonable, and orderly condition, and all objects and items located thereon shall be kept in good and safe maintenance and repair.
      (2)   The city's Department of Public Works shall be allowed access to the expanded outdoor dining area for any maintenance purposes.
      (3)   At no point may operations for the expanded outdoor dining area take place beyond the area approved by the city.
      (4)   The expanded outdoor dining area shall not create a nuisance of any kind.
      (5)   All operations shall be conducted per the policy approved by City Council via Res. No. 220214-C as may be amended from time to time.
   (E)   The city may terminate any expanded outdoor dining area license for failing to comply with any requirements of this section or for any other reason, including but not limited to, the city's need for parking infrastructure, utilities, or other city needs, as determined in the city's sole discretion.
(Ord. 220214-B, passed 2-14-2022)