§ 26-46. Sidewalk eating areas.

(a)

As an exception to the obstruction prohibitions set forth in section 18-60, pertaining to obstructing passageways, cafe and restaurant owners or proprietors who wish to operate a sidewalk eating area shall obtain a permit from the city for the sidewalk eating area. The sidewalk eating area shall meet the following requirements:

(1)

The sidewalk eating area's boundaries shall be the business' property lines and an outer line not less than five feet from all streets, curbs or permanent landscaping;

(2)

All tables, chairs and accessories shall be removed from public property during seasons when the sidewalk eating area is not in use;

(3)

The owner or proprietor shall accept liability for any damage claims arising from the existence of the sidewalk eating area or for any costs arising from the abatement of any public nuisance arising from the existence of the sidewalk eating area.

(b)

An owner or proprietor who wishes to obtain a permit for a sidewalk eating area shall submit to the City Manager an application containing:

(1)

The dimensions of the proposed eating area and distances to applicable streets, curbs and permanent landscaping;

(2)

The specific beginning and ending dates of planned use and the planned hours of daily operation;

(3)

Any information requested by the City Manager concerning care and management of the area;

(4)

A statement that the applicant accepts liability and holds the city harmless for damage claims arising from the existence of the sidewalk eating area or for any costs arising from the abatement of any public nuisance arising from the existence of the sidewalk eating area;

(5)

A certificate of liability insurance in an amount not less than $500,000.00, naming the city as an additional insured;

(6)

If alcoholic beverages will be served within a sidewalk eating area, then a certificate of liquor liability coverage naming the city as an additional insured shall also be provided.

(c)

The City Manager shall review each application and the site of the requested permit for a sidewalk eating area. The City Manager shall issue the permit if the request meets the requirements of subsection (a) of this section and the sidewalk eating area does not violate any city ordinance. The permit shall state the area boundaries, date of termination and hours of operation.

(d)

As used in this section, the term "sidewalk eating area" means an area of city sidewalk in front of a restaurant or cafe for which provision is made for consumption of food or beverages. The term does not include preparation or sale of food or beverages. Providing alcoholic beverages for consumption in a sidewalk eating area is subject to licensing requirements as stated in section 26-400(a) and (b).

(Ord. No. 1534, § 1(Exh. A), 8-12-2014)