(a) Each applicant for a sidewalk cafe permit shall demonstrate to the satisfaction of Council the following:
(1) That the use to be made of such space shall include provisions for the maintenance of a clear, unobstructed passageway not less than six feet in width at all points, entirely across the frontage of the property occupied by the occupant parallel to the line of the street and generally in the line of pedestrian traffic;
(2) That such space shall only be used for the conduct of activities specified on the permit in accordance with the requirements of these or any other applicable regulations;
(3) That such use is temporary and that the user acquires no right, title or interest in the space permitted to be used;
(4) That Council may require such space to be vacated upon demand and its use discontinued, with no recourse against the City for any loss or damage occasioned by any such requirement;
(5) That if such space is not vacated and such use is not discontinued by the time specified, the City may remove from such space any property left thereon at the risk and expense of the owner;
(6) That the permittee shall promptly remove any litter deposited on or in the vicinity of the sidewalk space used by the permittee resulting from the activity or activities conducted by the permittee on or adjoining such space;
(7) That the permittee shall at all times conduct such activity or activities in an orderly fashion and in such a manner as to protect the public health and safety;
(8) That such space shall be used for business purposes only during the hours specified on the permit authorizing such use, and neither before nor after such hours; and
(9) That the permittee shall comply with all health and sanitation regulations.
(b) Where critical circumstances exist and a police officer, the City Inspector, the City Manager or his or her designee gives notice to a permittee to temporarily move from a location, such permittee shall comply with the notice and remove all personal property from the permitted area immediately.
For purposes of this subsection, "critical circumstances" include, but are not limited to, unusually heavy pedestrian or vehicular traffic; the existence of any obstruction in the public space at or near such location; fire, possible inclement weather or other emergency situations at or near such location; or a parade, demonstration or other such event or occurrence at or near such location.
(c) Any umbrella, canopy or similar device in any sidewalk cafe shall be no more than six and one-half feet above ground level.
(d) All sidewalk cafes shall be located only in the exact location described in the approved application. Approved furnishings may not be modified or substituted.
(Ord. 1341. Passed 5-14-96.)