All sidewalk cafe permit holders shall be subject to the following;
(a) Each permit issued shall be valid from April 1 through December 1 of the year in which it is issued. Requests for renewals shall be filed with the Manager after the first day of January. The Manger may approve, approve with additional conditions, or deny the request for renewal.
(b) The permit issued shall be valid only for the permittee and is not transferable in any manner.
(c) The permit may be temporarily suspended by the Manager if the public interest requires use of the right-of-way for a public event, construction, repair, or any other public purpose.
(d) The permit is specifically limited to the area approved or as modified by the Manager, and will include a diagram indicating the area approved for the sidewalk cafe and the location of any tables, materials, merchandise, sign, or equipment permitted to be in the right-of-way.
(e) The sidewalk and all things placed there shall at all times be maintained in a clean and orderly condition. Only those items authorized by the permit and shown on the diagram may be stored in the public right-of-way when the sidewalk cafe is not in operation. Should the permittee not utilize the sidewalk as authorized for a period of 48 hours or more, all the tables, merchandise, equipment, sign and materials shall be removed therefrom.
(f) The permittee shall clear any litter from the public sidewalk in the area of operation of a sidewalk cafe at the close of business and provide additional trash containers as specified by the Manager.
(g) No signs shall be attached to any furniture, umbrellas, awnings, or other structure related to the operation of the sidewalk cafe.
(h) Sidewalk cafes shall be continuously supervised by employees of the establishment and may be occupied only during the hours of operation of the establishment.
(i) Sidewalk cafes shall meet all requirements of the County Health Department.
(j) Tables, chairs, merchandise, equipment, and other materials associated with the sidewalk cafe shall be kept free of litter and other debris at all times. Where establishments provide take-out or selfservice, an adequate number of employees must be maintained to clear sidewalk cafes on a regular basis. Sidewalk and flooring areas must be cleaned daily, including adjacent sidewalk areas.
(k) The Village has the right to repeal or amend this chapter and thereby terminate or modify all sidewalk cafe operations. No permittee shall obtain any property right in the continued private commercial use of the public sidewalk.
(l) Businesses shall not serve or permit the consumption of alcoholic beverages within the public sidewalk or right of way under any circumstances.
(Ord. 2009-10. Passed 4-20-09; Ord. 2010-45. Passed 12-20-10.)