84.01(A) Intent. It is the intent of this Section to require any business with
seating or
to obtain a separate license in order to maintain the privilege of such
seating or
and to establish minimum criteria for any
seating or
within the
.
84.01(B) Generally. No seating or
shall be allowed in the except in compliance with this Section.
84.01(C) License requirement.
84.01(C)(1) Any business having
seating or
must receive and prominently post an
seating/
license to be issued by the
.
84.01(C)(2) The license issued hereunder shall designate the number and type(s) of tables and seats permitted and the total square footage in the
seating or
.
84.01(C)(3) The license may be granted with conditions or restrictions found necessary to ensure compatibility with surrounding properties, and to protect the health, safety and welfare of the public, including without limitation a restriction as to the time of day of any use of the
seating or
.
84.01(C)(4) Once issued, the license shall be valid until September 30. Thereafter, the license must be renewed annually.
84.01(C)(5) Nothing contained in this Section shall be construed to create any right to the issuance or renewal of an
seating/
license. The
may rescind the license if the requirements of this Section are violated.
84.01(C)(6) The fees for
seating or
applications and licenses shall be established and amended by resolution of the
.
84.01(C)(7) The license shall be conspicuously displayed in the window area nearest to the
seating area.
84.01(D) Site plan applicability. Any seating or
that is not shown on a previously approved site plan, or is relocated or modified in any way, requires an amendment to the site plan. Modifications requiring new site plan approval include, but are not limited to, any increase in the number of tables, seats or area occupied in an seating or
. The
for the amendment to the site plan shall be the
of the property.
84.01(E) Standards. All seating or
shall be subject to the following requirements:
84.01(E)(1)
seating or
shall be located on
; and
84.01(E)(2)
seating or
shall be for the service of food and beverages only; and
84.01(E)(3)
seating or
shall not impede pedestrian or vehicle movement, nor impede pedestrian ingress and egress from any adjacent structure; and
84.01(E)(4)
seating or
must be supported by adequate parking and shall be used and constructed in compliance with all other applicable regulations within this Code of Ordinances; and
84.01(E)(5)
without seating shall not exceed an occupancy of one patron per seven square feet of area not occupied by tables and chairs.
Bars with seats shall have no more than one seat per 24 lineal inches of
, excluding any service area; and
84.01(E)(6) The maximum occupancy of
seating areas shall not exceed:
84.01(E)(6)(a)
: one patron per nine square feet of area occupied by tables and chairs, and one table per 36 square feet of area occupied by tables and chairs.
84.01(E)(6)(b)
: one patron per 12.5 square feet of area occupied by tables and chairs, and one table per 50 square feet of area occupied by tables and chairs.
84.01(E)(7) seating or areas shall be limited to the space(s) that are:
84.01(E)(7)(a) Directly in front, and/or directly on the side and/or directly in the rear of the business holding the Seating/
Bar license;
84.01(E)(7)(b) On a designated space as shown on an approved Site Plan of the business holding the Seating/
Bar license.
84.01(E)(8) No seats, tables, umbrellas or other appurtenances contained in an Seating/ Bar area shall obstruct any .
84.01(E)(9) Seats and tables contained in an Seating/
Bar area shall be placed and maintained in such a manner in order to maintain a clear aisle in compliance with NFPA 101, Life Safety Code (2021), 12.2.5 - Arrangement of Means of Egress.
84.01(E)(9)(a) Where nonfixed seating is located between a table and an aisle, the measurement of required clear width of the aisle shall be made to a line 19 in. (485 mm), measured perpendicularly to the edge of the table, away from the edge of said table. Figure A.12.2.5.10.3 of NFPA 101, Life Safety Code shows typical measurements involving seating and tables abutting an aisle. For purposes of the means of egress requirements of NFPA 101, seating at counters or other furnishings is considered to be the same as seating at tables.
Figure A.12.2.5.10.3 Seating at Tables Abutting an Aisle
84.01(E)(9)(b) Approval of Layouts shall be in accordance with section NFPA 101, Life Safety Code 12.2.5.11.1 which states where required by the authority having jurisdiction, plans drawn to scale showing the arrangement of furnishings or equipment shall be submitted to the authority by the building owner, manager, or authorized agent to substantiate conformance with the provisions of 12.2.5.
84.01(F) Previously approved Outdoor seating or Outdoor Bar Areas. Any business that has a site plan showing an Outdoor seating or Outdoor Bar Area, approved prior to June 1, 2001, shall be entitled to a license for the Outdoor area shown on the approved site plan. The number of chairs and tables allowed shall be as follows:
84.01(F)(1) Bistro Tables: one chair per nine square feet of area occupied by tables and chairs, and one table per 36 square feet of area occupied by tables and chairs.
84.01(F)(2) Dining Tables: one chair per 12.5 square feet of area occupied by tables and chairs, and one table per 50 square feet of area occupied by tables and chairs.
84.01(G) Fee. No application fee shall be required for such licenses.
84.01(H) Transferability. A license may be transferred to a new Owner when there is a bona fide sale of the business, upon payment of a transfer fee as set forth by resolution of the City Commission. The transferred license shall be subject to the conditions of the original approval.
(Ord. 2010-15, passed 10-4-2010; Am. Ord. 2014-05, passed 2-3-2014; Am. Ord. 2024-13, passed 9- 12-2024)