No sidewalk café shall be permitted, maintained, or operated on the public right-of-way except in conformity with the following regulations:
(A) The sidewalk café area shall be particularly described and included within the application for Class I Liquor License licensed premises, if applicable.
(B) A minimum of six feet of clear path of travel is required on all sidewalks located within the C-l Downtown Commercial District. A minimum of five feet of clear path of travel is required on all other sidewalks in all other zoning districts. The clear path of travel is measured from the outside edge of the sidewalk café fencing or fence post base to the nearest obstruction (i.e. light pole, bike rack, planting strip, etc.). If no obstruction exists, the clear path of travel is measured to the back of the curb.
(C) Fencing, roping or railing may be required to ensure safety of pedestrian traffic. Any such fencing must be detectable by cane to warn visually impaired persons of potential hazards in the path of travel.
(D) All electrical wiring shall comply with national, state, and city electrical codes. Electrical cords or strings of lights may not be strung over or be placed on the pedestrian path of travel.
(E) The licensee shall ensure that all structures comprising the sidewalk café including but not limited to chairs, tables, fencing, bollards, and planters, will be removed during periods of non-use and at the expiration of this license.
(F) No amplified sound or music is permitted outside the enclosed building premises. Any noise emanating from the sidewalk café shall not violate the regulations concerning noise.
(G) Sidewalk cafés shall not be used for smoking.
(H) The area shall be adequately illuminated by electric lights, but such illumination shall be so arranged and shielded by the licensee so as to reflect away from adjoining property and streets.
(I) Occupancy capacity shall be clearly posted.
(Ord. 2042, passed 5-27-10)