(a) Affected Area. For purposes of this section, the term "downtown public sidewalks", shall be defined as those public sidewalks situated within the following geographical area: the nine block area bounded by West Avenue; South Street; Miami Avenue; and, North Street, in the City of Sidney, Ohio.
(b) Seasonal Outdoor Dining Defined. The use of public sidewalks provided for herein shall be only for uses associated with "seasonal outdoor dining". For purposes of this section, "seasonal outdoor dining" shall be defined as the purchase and on-site consumption of food and beverages sold by merchants operating within the downtown public sidewalk area.
(c) Permit Required. No seasonal outdoor dining shall be conducted on any downtown public sidewalk without the prior issuance of a permit therefore, as approved by the City of Sidney Public Works Director, or his/her designee and carried out in full compliance with the rules and regulations set forth in this section.
(d) Applicable Rules and Regulations. The following rules and regulations shall apply to the use of downtown public sidewalks for seasonal outdoor dining:
(1) There shall be a minimum of five feet of pedestrian walkway unobstructed by any obstacle (tree, pole, post, sign, planter, trash/waste receptacle, or any other obstacle) between the curb and the outdoor seating area;
(2) No seating area shall obstruct ingress or egress from any building or business and further shall not block access to trash/waste collection receptacle, hydrants, alleys, manhole covers, fire suppression/protection systems, or any other device maintained for the protection of the public;
(3) The tables and chairs used in connection with the operation of the seasonal outdoor dining area shall be weather resistant; made of durable material such as metal, wood, or durable plastic; maintained in good condition; and, the entire outdoor dining area shall be kept clean and free of debris;
(4) When not in use the tables and chairs situated within the seasonal outdoor dining area shall be secured against wind and theft;
(5) The seating area may be delineated by use of temporary barriers, such as cordons or railings;
(6) The tables and chairs shall be placed only in front of the business which they are intended to serve and shall not extend onto other business fronts; and,
(7) Alcoholic beverages may only be served or removed from premises in conformance with Ohio Liquor Control Commission requirements and Designated Outdoor Refreshment Area (DORA) regulations.
(e) Insurance Requirements. Each application for the permit required hereunder shall be accompanied by the presentation of a policy of Comprehensive General Liability Insurance coverage insuring the City of Sidney against claims for injuries to persons or damage to property which may arise from or in connection with the permittee's activities pursuant to the permit. The said coverage shall be at least as broad as Insurance Office Form CG 00 01, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of not less than one million dollars ($1,000,000) per occurrence. The City of Sidney shall be named as an additional insured. In the event that alcoholic beverages will be sold and or served in connection with any seasonal outdoor dining operation, the general liability insurance coverage referenced above shall also include host liquor liability coverage.
(f) Compliance with Liquor Laws. Any use or sale of alcoholic beverages and/or liquor in connection with the seasonal outdoor dining permitted hereunder shall be conducted in strict compliance with all state and local liquor laws, including but not limited to mandated licensures and insurances.
(Ord. A-3045. Passed 4-26-21.)