(A) The Public Works Director may permit a food or beverage service establishment (establishment) to sell and allow to be consumed food or beverages on a sidewalk or walkway subject to a public right-of-way abutting and immediately adjacent to the food or beverage service establishment’s premises.
(B) The establishment must submit a sidewalk service permit application with the following.
(1) The establishment shall propose a specific service area that clearly delineates the boundaries where food or beverages may be served and consumed. The service area cannot impede pedestrian use of the sidewalk and must provide a minimum width of 60 inches of clear space for pedestrian use. The service area shall meet existing requirements of the building code.
(2) The establishment shall propose a seating configuration that maintains ADA accessible walkways and employs commercial grade tables, chairs, umbrellas, benches or other furniture, the design and construction of which shall be subject to approval of the Public Works Director.
(3) The establishment shall propose a plan to address any garbage and waste that may be generated by the proposed use.
(C) The establishment may install a physical barrier or other visual delineation to designate the service area. If the establishment chooses to install a physical barrier, the design and materials must be approved by the Public Works Director prior to construction. The barrier must follow all relevant building regulations.
(D) The establishment must have a valid sidewalk service permit and provide a copy of the establishment’s certificate of insurance that lists the city as an additional insured. The establishment must agree to any and all conditions or restrictions the city may deem appropriate based on the location or other characteristics of the establishment.
(E) The city may revoke the sidewalk service permit at its discretion or if the establishment violates any of the provisions of this section or other laws or regulations.
(Prior Code, § 14-141) (Ord. 1331, passed 10-5-2020)