§ 62-201. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bar means any counter, table, surface or device from which alcoholic beverages are dispensed, or on which alcoholic beverages are mixed. A device does not include any bottle or pitcher provided to patrons within the sidewalk café area.

Business or property owner means any individual, including an employee or agent of a group of individuals, partnership, or corporation who is a tenant in or who owns property abutting the public way.

City means the City of Winter Garden, Florida. As used throughout, the term city also includes the designated agent of the city.

City manager means the City Manager of the City of Winter Garden or his designee.

Historic downtown district means that area as defined in section 98-188(1).

Menu board means a board allowing for the posting of the subject establishment's complete menu and fabricated in such a manner so as not to constitute a form of general advertising or establishment identification. The menu board shall be no larger then six square feet, may not be internally illuminated and the top of the sign shall not exceed five feet, six inches from grade.

Merchandise means any tangible or intangible item, including, but not limited to, plants, flowers, tickets, services, wearing apparel, jewelry, mechanical devices, ornaments, art work, household or office supplies, food or beverages of any kind not for immediate consumption, or other goods or wares.

Outdoor merchandise area means that area in front of a business where merchandise is located within the public ways for the purpose of displaying, exhibiting, selling or offering for sale merchandise.

Outside private property means that portion of privately owned parcels of real estate located outside of the building(s) located on such parcels.

Pedestrian means a person who is walking or otherwise traveling within the public ways.

Pedestrian pathway means the minimum width, within the public ways, which must remain unobstructed by merchandise or sidewalk cafes at all times in order to allow pedestrians and other travelers to proceed without obstruction, delay or inconvenience. Said minimum width shall be five feet.

Permittee means the recipient of a merchandise display permit or sidewalk cafe permit under the terms and provisions of the applicable division of this article.

Public ways means all areas legally open to public use and used and/or intended for pedestrian traffic. By way of example, not limitation, the public ways include sidewalks and that certain area measured from the exterior of buildings fronting the right of way to the exterior edge of the curb.

Restaurant means any full service food service establishment that is maintained and operated as a place where food and beverages are prepared, served and sold for consumption within the premises, and where more than 50 percent of the gross revenue is derived from food sales versus alcoholic beverage sales, and any coffee shop, ice cream shop, or similar shop where the principal source of revenue is from food sales, or any bookstore cafe.

Sidewalk cafe means a use for serving of food or beverage located within the public way or outside private property, and associated with a restaurant. It may be characterized by tables and chairs and may be shaded by awnings, canopies or umbrellas.

Sidewalk cafe area means the area within the public way or outside private property, where the permitted sidewalk cafe is located for serving of food or beverage.

Sidewalk cafe site map means a city-approved map detailing the sidewalk cafe area, the location of the pedestrian pathway and sidewalk seating layout as it relates to a sidewalk cafe.

Specials board means a board allowing for the posting of the subject establishment's daily food or beverage specials and fabricated in such a manner as to not constitute a form of advertising or establishment identification. The specials board shall be no larger than four square feet, may not be internally illuminated and the top of the sign shall not exceed five feet, six inches from grade.

To obstruct means to so occupy the public ways so that the free use and enjoyment thereof by the public is in any way interrupted or interfered with, or such that the free ingress and egress to or from any building fronting on any public thoroughfare is impaired.

(Ord. No. 02-24, § 2, 5-23-02; Ord. No. 13-20, § I, 5-23-13)