(A) Permit required. The City Manager (or his or her designee) may issue permits for sidewalk dining on a public sidewalk subject to the standards and criteria included in this section. A site design plan must be submitted, accurately showing the proposed placement of sidewalk dining facilities to the satisfaction of the city. This permit must be reviewed and renewed annually along with the business’ privilege license. The cost of the permit shall be as set forth in the city’s Schedule of Fees in § 21.06.
(1) A sidewalk dining permit may only be issued in areas zoned B-l Central Business and B-4 Retail Office Complex District as shown on the city’s Official Zoning Map.
(2) Sidewalk dining is only permitted as an accessory use to a business with a business license for the same site, and the food and beverages must be vended by said business.
(3) A minimum width of five feet of sidewalk must remain accessible at all times in accordance with the Americans with Disabilities Act (ADA) requirements. The five-foot area must be maintained at all times as a clear, unobstructed pedestrian path.
(4) Sidewalk dining facilities may not be placed within five feet of a pedestrian crosswalk, alley, handicapped corner curb cut, bus stop, fire hydrant or other public improvement. Sidewalk dining facilities may not block any building entrance or exit. The five-foot area must be maintained at all times as a clear, unobstructed pedestrian path.
(5) All sidewalk dining areas and materials must be maintained in a clean and attractive appearance and shall be in good repair at all times. Any waste must be disposed of properly. If smoking is permitted, a proper receptacle shall be placed for waste disposal.
(6) Sidewalk seating.
(a) Seating must be located directly in front of the business tenant space and adjacent to the building face.
(b) Seating must be located more than six feet from a travel lane.
(c) Tables, chairs, umbrellas and other furniture associated with the outdoor seating should be sturdy, made of durable materials and be maintained in a manner to enhance the surrounding area.
(d) Tables, chairs, umbrellas and other furniture may not be bolted or permanently affixed to the sidewalk, street lights, signs, trees or other street furniture.
(e) All sidewalk dining is limited to the legal hours of operation for the business.
(f) Tables, chairs, umbrellas and other furniture must be removed from the sidewalk and securely stored at the end of each business day. In the event of inclement weather, all sidewalk dining associated items must be removed and securely stored.
(g) Tables, chairs, umbrellas and other furniture may be set up during special events.
(h) Umbrellas and other decorative materials shall be fire retardant or manufactured of fire resistant material and shall comply with applicable Building and Fire Codes.
(7) The provisions of Ch. 82 (Noise) of this code of ordinances shall apply to all sidewalk dining activities.
(8) Any exterior lighting shall be placed and/or shielded as to prevent rays of illumination from being cast upon vehicles approaching from either direction.
(9) The applicant shall submit additional information as may be requested by the City Manager (or his or her designee) to determine compliance with this section.
(B) Alcoholic beverages.
(1) A copy of the business’ current ABC permit must be submitted.
(2) If alcoholic beverages are to be served in a sidewalk seating area, the area must be delineated from the sidewalk walkway in an attractive manner with roping, stanchions, planters or other methods as approved by the city.
(3) Alcohol consumption is exempt from the provisions of § 90.02 (Public consumption) of this code of ordinances. However, the provisions of G.S. Ch. 18B shall apply at all times.
(C) Insurance. Evidence of a valid insurance policy that will indemnify the city for any damage to the sidewalk or public improvement, and for any damages for which the city might incur liability because of property damage or personal injury arising out of the use of the sidewalk, for dining purposes. The minimum liability limit of the policy shall be $1,000,000.
(D) Indemnity agreement. The applicant agrees to indemnify, defend, keep and hold harmless the city, its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be asserted because of death, damage of property or personal injury received by reason or in the course of sidewalk dining in the public right-of-way, which may be occasioned by any willful or negligent act or omissions of the applicant, any of the applicant’s employees or any contractor. The city will not be held liable for any loss or damage to the sidewalk seating or displays, regardless of asserted cause. This indemnity includes all reasonable costs and attorney’s fees incurred in defending any action covered by this provision.
(E) Reservation of rights. The city reserves the right to require any sidewalk dining area established pursuant to this section to cease part or all of its operation in order to allow for construction, maintenance or repair of any street, sidewalk, utility or public building by the city, its agents or employees, or by any other governmental entity or public utility.
(F) Transfer, expiration and violation. The permit shall not be transferable. A permit shall expire as stated on the permit, but no more than 12 months after its issuance. The permit may be renewed subject to annual review and a fee as determined by the City Council in the Schedule of Fees in § 21.06. The permit may be revoked by the City Manager (or his or her designee) after three violations of this section.
(G) Denial. A permit may be denied if it is found that the granting of the permit would not be in the public interest. Any applicant denied a permit for 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 the City Council within 15 working days after the date of the written denial and the City Council may take such corrective action as it shall find necessary. The findings and determination of the City Council shall be final.
(H) Location. In addition to the requirements of this section, if the location is in the state right-of-way, all sidewalk dining must comply with the provisions laid out in G.S. § 136-27.4 (Use of certain right-of-way for sidewalk dining).
(Ord. 2014-4-8-27, passed 4-8-2014) Penalty, see § 85.99