§ 16.50.370.8. Conditions of sidewalk café permit.

Sidewalk cafés permitted under this section shall be subject to the following conditions:

1.

The permit shall be personal to the permittee and shall be transferable only with the prior written approval of the POD.

2.

The POD may require the temporary removal of a sidewalk café by the permittee when street, sidewalk, or utility repairs necessitate such action or when it is necessary to clear sidewalks for a parade permit or other permit issued by the POD. The permittee shall not be entitled to any refund for such removal. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk café fixtures.

3.

The City may cause the immediate removal or relocation of all or any part of the sidewalk café in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk café fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk café fixtures.

4.

The sidewalk café shall be specifically limited to the area shown in the permit.

5.

The sidewalk café shall be open for use by the general public and such use may be restricted to patrons of the permittee only during the hours of operation of the sidewalk café.

6.

Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk café shall be maintained with a clean and attractive appearance and shall be in good repair at all times.

7.

Tables, chairs, awnings, canopies, umbrellas and any other decorative material shall be fire-retardant or manufactured of fire resistant material.

8.

No tables, chairs or other fixtures used in connection with a sidewalk café shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture.

9.

The sidewalk café area including the area extending from the sidewalk café area to the street and five feet beyond either end, shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day.

10.

No additional outdoor seating authorized herein shall be used for calculating seating requirements pertaining to the location of, applications for, or issuance of a liquor license for any establishment nor shall the additional seats be used to claim any exemption from any other requirements of any City, county or state codes, ordinances or laws.

11.

The opening and closing hours of sidewalk cafés shall not extend beyond the hours of operation for the abutting business establishment holding the sidewalk café permit. The City may restrict the hours of operation for sidewalk cafés abutting residential uses.

12.

The permittee shall notify the City, in writing, when operation of a sidewalk café begins. The notice shall be delivered to the City within 24 hours of such commencement.

13.

No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the sidewalk café area.

14.

The permittee is responsible for the repair of any damage to the sidewalk caused by the sidewalk café use, including damage caused by a patron.

15.

Any table or chair shall not be placed within four feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows nor within two feet of any building entrances and/or exits.

16.

Signs are prohibited outside the sidewalk café area.

17.

Not more than one menu board shall be allowed for each sidewalk café. The menu board shall not exceed four square feet. The menu board shall be attached to the abutting building or other location approved by the POD and must be in compliance with City codes. All signage, including the menu board and signage on awnings, canopies and umbrellas and other fixtures, must be in compliance with City codes regulating signage.

18.

Businesses which serve alcoholic beverages at the sidewalk café shall also meet the following requirements:

a.

The business shall hold a current liquor license from the state.

b.

Containers used for dispensing alcoholic beverages shall be kept inside the business.

19.

All outdoor speakers shall be shown on the plan or permit. All speakers shall be permanently mounted overhead (preferably under an awning or other overhang feature) and oriented downward toward the sidewalk café. Speakers shall meet all requirements of the noise ordinance (chapter 11).

(Code 1992, § 16.50.370.8; Ord. No. 216-H, § 5, 3-3-2016)