Sec. 16-125. Sidewalk dining in the central business district.
   (a)   General. Notwithstanding any other provisions of this code to the contrary, cafes or sidewalk dining shall be permitted in the central business district as indicated on the official zoning map of the town and shall be subject to such regulations as are set forth in this section.
   No restaurant/food service owner may operate sidewalk dining without first obtaining a permit from the city in accordance with the requirements of this section.
   Any restaurant/food service owner desiring to operate sidewalk dining shall apply with the town and at a minimum provide the following information:
   (b)   Requirements.
   (1)   The name, addresses, and telephone number of the restaurant/food service business desiring to operate sidewalk dining.
   (2)   The name, address, and telephone number of the restaurant/food service operator.
   (3)   The type of food, beverage, or food product to be sold and served at the sidewalk cafe.
   (4)   The hours of operation of the primary establishment and the proposed hours of operation of the sidewalk dining.
   (5)   A scale drawing or site plan showing the section of sidewalk or pedestrian way to be used for the sidewalk dining, and the section to be kept clear for pedestrian and fire lane use, and depicting the proposed placement of tables, chairs, barricades, umbrellas, trash receptrcles, and other furnishings on the sidewalk or pedestrian way.
   (6)   A description and images, drawings and other illustrative graphics of any of the furniture to be used, i.e. tables, chairs, umbrellas, fencing etc.
   (7)   Proof of an insurance policy, issued by an insurance company licensed to do business in the state, protecting the permittee and the town from all claims for damages to property and bodily injury, including death, which may arise from operation under or in connection with the permit. Such insurance shall name the town as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days advance written notice to the town. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) aggregate annually.
   (8)   A copy of all the permits and licenses issued by the county, state, or the town, including health and ABC permits and business licenses, necessary for the operation of the restaurant business, or a copy of the application for the permit if no permit has been issued. This requirement includes any permits or certificates issued by the town or other governmental authority, for exterior alterations or improvements to the restaurant.
   (9)   If the restaurant/food service operator is serving alcohol, a sworn statement describing any violation by the restaurant/ food service operator of any laws, regulations, or ordinances relating to the possession, sale, consumption, or transportation of intoxicating beverages or controlled substances during the five (5) years immediately preceding the date of the permit application.
   (10)   Such additional information as may be requested by the town in order to determine compliance with this section.
   (c)   Issuance of permit. No permit for the operation of sidewalk dining may be issued by the town unless the application is complete, and the following requirements are met:
   (1)   The sidewalk dining must be associated with an operating restaurant/food service business such that it is under the same management and shares the same food preparation facilities, rest room facilities, and other customer convenience facilities as the restaurant/food service business.
      The sidewalk dining must be operated under the same name as the restaurant/food service business and may not be open or operated at any time when the business is not open for business.
   (2)   The operation of the sidewalk dining must be clearly incidental to the associated restaurant/food service business. The seating capacity of the sidewalk dining may not be more than fifty percent (50%) of the interior seating capacity of the associated restaurant.
   (3)   The placement of tables, chairs and other furnishings as shown in the drawing submitted with the site plan must be done in such a manner that at least four (4) feet of unobstructed pedestrian travel lane remains on the sidewalk or pedestrian way for the passage of pedestrians. No fire exits or lanes may be blocked and such must remain clear at all times.
   (4)   The restaurant/food service seeking to operate the sidewalk dining must open onto the sidewalk or pedestrian way proposed for the sidewalk dining or have a face of the restaurant/food service building adjacent to the sidewalk or pedestrian way. The placement of tables, chairs, and other furnishings may not extend beyond the sidewalk or pedestrian way frontage of the associated restaurant/food service business, with the following exception: sidewalk dining furnishings may extend up to eight (8) feet onto adjacent property frontage in either or both directions with the written permission (provided at the time of application) of the owner of the adjacent property.
   (5)   The tables, chairs and other furnishings used in the sidewalk dining shall not be anchored and shall be of a type of street furniture that is easily movable. Sidewalk dining furnishings other than tables, chairs, trash receptacles and umbrellas are not approved for use in sidewalk dining areas. Sidewalk dining furnishings must be constructed of a sturdy weather resistant material (aluminum, wood, composite material, etc.). Commercial umbrellas must be made with outdoor fabric and a metal or commercial grade plastic stand. Commercial umbrellas must be secured as to not create a safety hazard under inclement weather conditions.
   (6)   The sidewalk in and around the sidewalk dining area must be kept clean and free of trash. Spills and stains from general use must be removed on a weekly basis. Sidewalk dining furnishings must be cleaned and properly maintained at all times. Sidewalk dining furnishings and barricades must receive regular maintenance of fit and finish as required by the nature of the material being used. Damaged or deteriorating furnishings must be repaired or replaced in a timely manner. All planters must contain live plants in healthy condition.
   (d)   Alcoholic beverages. Notwithstanding any other provisions of this code, alcoholic beverages may be served in approved sidewalk dining provided that the following requirements are met:
   (1)   The sidewalk dining shall be part of a restaurant and shall otherwise be authorized, permitted, or licensed under the state law and this code to serve and sell alcoholic beverages for on-premises consumption.
   (2)   The sidewalk dining must be included as part of the premises for which an ABC permit is issued pursuant to state law, for the purpose of applying and enforcing state laws regarding the sale or consumption of alcoholic beverages.
   (3)   Signs shall be posted, visible at all exit points from the sidewalk dining, that it is unlawful to remove alcoholic beverages from the premises or permitted sidewalk dining area.
   (4)   The restaurant operator shall not have violated any law, regulation, or ordinance relating, to the possession, sale, transportation or consumption of intoxicating beverages or controlled substances for the five (5) years preceding the commencement of the sale of alcoholic beverages at the sidewalk dining area.
   (5)   No outdoor bar is allowed within the sidewalk dining area, nor shall outdoor preparation of alcoholic beverages be permitted except that unfortified wine may be decanted or beer poured at a table as part of a meal.
   (6)   The leading edge of sidewalk dining fencing must be perpendicular to the sidewalk direction and be a minimum height of three feet (3') and maximum height of four feet (4'). The fencing must be detectable by the visually impaired. Sidewalk cafe fencing must not be a tripping hazard. If a fencing or other vertical element is attached to a base, that base must be flat and must measure no more than one inch (1") above the sidewalk surface. Sidewalk cafe fencing must be constructed of a sturdy weather resistant material (aluminum, wood, composite material, etc.). Commercial planters used as vertical support posts may not exceed three feet (3') in height and vegetation within the planter may not exceed six feet (6') from ground level and all planters must be commercial grade.
   (e)   Denial. A permit may be denied if it is found that the application does not demonstrate compliance with this section and/or that the granting of the permit would not be in the public interest. Any applicant denied a permit to operate sidewalk dining shall receive a written statement outlining the grounds on which the denial is based. The applicant may appeal the denial of the permit to Town Council in writing within fifteen (15) working days after the date of the written denial, and Town Council may take such action as it shall find necessary. The finding and determination of Town Council shall constitute final action by the town.
   (f)   Terms and transfer. Permits issued pursuant to this section shall not be transferable or assignable. Permits may prohibit operation of sidewalk cafes during special events and contain other conditions and restrictions as may be necessary to protect the public health, safety and welfare.
   (g)   Permit revocation. The town may revoke a permit issued pursuant to this section if it is found that the restaurant operator has:
   (1)   Deliberately misrepresented or provided false information in the permit application.
   (2)   Violated any law, regulation, or ordinance regarding the possession, sale, transportation, or consumption of intoxicating beverages or controlled substances.
   (3)   Operated the sidewalk dining in such a manner as to create a public nuisance or to constitute a hazard to the public health, safety, or welfare; specifically including failure to keep the sidewalk dining area clean and free of refuse.
   (4)   Failed to maintain any health, business or other permit or license required by law for the operation of a restaurant business.
   (5)   Fails to consistently maintain the sidewalk dining area in a neat and trash free manner.
   (6)   Operated the restaurant or sidewalk dining in violation of any town, county or state law, ordinance, or regulation. In the event the town determines good grounds exist for the revocation of a permit issued under this section, the town shall provide the restaurant operator a written notice to show cause, stating with particularity the grounds therefore, why the sidewalk dining permit should not be revoked. The restaurant operator shall be provided an opportunity for a hearing, following which the Town Manager shall render an order in writing. The restaurant operator may appeal any such order by filing a written appeal with the Town Clerk within fifteen (15) days of receipt thereof. The finding and determination of Town Council shall constitute final action by the town.
(Ord. No. 2020-04, § I, 6-2-20; Ord. No. 2021-07, § 1 (part), 4-6-2021)