Notwithstanding other provisions in this chapter to the contrary, the Municipal Administrator may issue a revocable annual permit for a sidewalk café, provided that such café complies with all of the following requirements:
(a) The sidewalk on which the café is to be located shall be flat and in good repair.
(b) The cafe’s location and use on the sidewalk shall not interfere with the clear vision of a motorist on the adjoining street, particularly at any intersection of the sidewalk and another street or alley. The area occupied by the sidewalk café shall not extend laterally along the sidewalk beyond the property frontage of the business operating the sidewalk café. A sidewalk café shall only be operated as a part of the adjacent properly licensed restaurant and shall meet all applicable health code food service requirements during its continuance in operation.
(c) The cafe’s location shall leave a clear and unencumbered area of not less than five feet between the edge of the eating area (as defined on the site plan) and any other obstruction (including but not limited to utility poles, street lights, street furniture, fire hydrants, planters, plants, tree guards and trash receptacles) for the convenient and safe passage of pedestrians along the sidewalk through the clear area.
(d) The furnishings of a sidewalk café shall consist solely of readily removable awnings, covers, canopies, tables, and chairs. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property. All furnishings must be completely contained within the area permitted for the sidewalk café use. All furnishings shall be secured for normal wind load when the sidewalk café is closed during the operating season. Plastic or resin furniture is not permitted. During periods other than the operating season, all furnishings shall be removed from the permitted area. The permitted operating season shall be from March 15 to November 15.
(e) The business owner operating the sidewalk café shall keep the area clean and free of all paper, trash, litter, refuse, and debris and shall power wash the sidewalk or public way when necessary.
(f) Other than signs for which a sign permit has been issued by the Municipality, no signs or any other forms of advertising including but not limited to logos, lettering or advertising are permitted in the sidewalk café area on furnishings or any other objects.
(g) Cooking is not permitted within the sidewalk café area.
(h) Municipally owned electrical outlets shall not be used for any purpose related to the sidewalk café.
(i) The business owner operating the sidewalk café accepts complete liability for any claims that may arise from such café. The business owner shall provide the Municipality with a certificate of insurance naming the Municipality as an additional insured in the minimum amounts of two hundred fifty thousand dollars ($250,000) per person and seven hundred fifty thousand dollars ($750,000) per occurrence. The permittee has an ongoing responsibility to provide the Municipality with current certificates of insurance to comply with this requirement. A permit for a sidewalk café shall not be valid unless the Municipality has been provided with a current certificate of insurance.
(j) The permit application shall include a site drawing prepared by the applicant showing a dimensioned plan of the sidewalk café. Such drawing shall include as a minimum the location of all proposed café furnishings, any electrical outlets to be used for the café, existing sidewalks, buildings, curbs, street lights, street trees, benches, utility poles, street furniture, fire hydrants, planters, plants, tree guards and trash receptacles. The drawing shall also demonstrate that the cafe’s location shall leave the required clear and unencumbered area of not less than five feet between the edge of the eating area and any other obstruction for the convenient and safe passage of pedestrians along the sidewalk through the clear area.
(k) The operator of the business operating the sidewalk café shall be responsible for the restoration of the sidewalk and any other publicly owned property damaged as a result of the operation of the sidewalk café.
(l) Permits issued pursuant to this section are not transferable.
(m) A fee as determined from time to time by Council shall be paid at the time an application for a sidewalk café permit is submitted.
(n) No alcoholic beverages may be served or consumed within the sidewalk café area.
(Ord. 12-10. Passed 5-24-10.)