§ 62-230. Standards, criteria and conditions for sidewalk cafes.

All permit holders for sidewalk cafes shall meet the following standards, criteria, and conditions:

(1)

Sidewalk cafes are restricted to the sidewalk cafe area.

(2)

Tables and chairs shall not be placed within five feet of bus stops, taxistands, fire hydrants or alleys.

(3)

Tables, chairs, umbrellas or other personal property may not be permitted within five feet of a pedestrian crosswalk or handicap corner curb cut.

(4)

Sidewalk cafes shall be located in such a manner that a distance of not less than five feet is maintained at all times as a clear unobstructed pedestrian pathway around the sidewalk cafe.

(5)

No object shall be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the free use of the tables and chairs by the general public or which would have the effect of obstructing the pedestrian pathway, except where fences are approved by the city and otherwise as the city may permit by variance.

(6)

Tables, chairs, umbrellas and other permissible objects related to the sidewalk cafe shall be of quality, design, materials, size, elevation and workmanship both to ensure the safety and convenience of users and to enhance the visual quality of the urban environment. Design, materials, and colors shall be approved by the planning and zoning director or his designee prior to the issuance of the sidewalk cafe permit.

(7)

Umbrellas and other decorative material shall be for outdoor commercial use, be fire-retardant, or manufactured of fire-resistive material and shall comply with applicable building and fire codes, and there shall not be more than two of the same logos or names on each umbrella.

(8)

The public works department may require the temporary removal of a sidewalk cafe when street, sidewalk or utility repairs necessitate such action. If such temporary removal is required, the permittee shall immediately comply with all requirements of the public works department, including the removal or relocation of all tables, chairs or other items within the public way.

(9)

The city may cause the immediate removal or relocation of all or parts of the sidewalk cafe in emergency situations or for safety considerations.

(10)

The city and its officers and employees shall not be responsible for sidewalk cafe personal property and fixtures relocated during emergencies.

(11)

All sales transactions shall occur in the building.

(12)

The permittee shall assure that its use of the public ways in no way interferes with pedestrians or limits their free, unobstructed passage throughout the operation of the sidewalk cafe during all business hours. All tables, chairs, planters or other public ways obstructions shall be removed after business hours except for such matters located within sidewalk cafe areas which matters have been properly approved by the city pursuant to this article.

(13)

Tables, chairs, umbrellas and other permissible objects provided with a sidewalk cafe shall be maintained in a clean and attractive appearance and shall be in good repair at all times. Umbrellas or similar fixtures that are sensitive to windy conditions must be sufficiently weighted to prevent movement, and the city may require removal of these umbrellas or similar fixtures on windy days to prevent injury to pedestrians.

(14)

The area covered by the permit, including the pedestrian pathway, shall be maintained in a neat, clean and orderly appearance at all times by the permittee, and the area shall be cleared of all debris as needed during the day, and again at the close of each business day.

(15)

Other than fences approved by the city no tables, chairs or other parts of sidewalk cafes shall be attached, chained, bolted or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk in or near the permitted area.

(16)

The permit covers all seating with the sidewalk cafe area. No additional outdoor seating authorized pursuant to this division shall be used for calculating seating requirements pertaining to applications for or issuance of an alcoholic beverage license for any establishment; nor shall the outdoor seating be used as the basis for computing required seating for restaurants and dining rooms, or as grounds for claiming exemption from such requirements under the provisions of any city ordinance or state law. However, additional outdoor seating authorized pursuant to this division shall be included in determining required plumbing or accessibility fixtures or other fire and building code requirements.

(17)

No food preparation, fire or fire apparatus shall be allowed within the public ways.

(18)

Upon the issuance of a hurricane or high wind hazard by the weather bureau or the city, the permittee shall immediately remove all tables, chairs and other equipment located within the public ways. The issuance of such a warning shall constitute an emergency situation.

(19)

Only the sidewalk cafe equipment specifically disclosed on the approved application and not otherwise prohibited shall be allowed within the sidewalk cafe area. The estimated chair count per table may vary within the prescribed area, provided that the chairs remain within the approved sidewalk cafe area. No storage of chairs, tables, dishes, silverware or other sidewalk cafe equipment shall be allowed in the sidewalk cafe area or within the public way.

(20)

No live entertainment or speakers shall be placed within the sidewalk cafe area unless permitted as a special event. Conditions such as hours and days of operation and audio levels will be regulated by the city, and these may vary during the year.

(21)

The serving and consumption of alcoholic beverages within a sidewalk cafe is expressly conditioned upon the permittee obtaining the necessary state alcoholic beverage license and meeting all local and state alcoholic beverage requirements. Further, the service and consumption of alcoholic beverages within a sidewalk cafe shall only be permitted where the service and consumption of alcoholic beverages has been properly licensed. Nothing herein shall be construed to permit the service or consumption of alcoholic beverages wherein such service or consumption is prohibited by City Code or Charter.

(22)

The hours of operation of the sidewalk cafe are limited to the legal hours of operation of the business holding the sidewalk cafe permit.

(23)

Any damage to the public sidewalk or public fixtures within the public ways, including, but not limited to, chipped or cracked concrete, painted concrete, bent signs, etcetera, resulting from operation of the restaurant shall be the responsibility of the permittee and said permittee shall be liable to city for all cost of repair.

(24)

No bar or bars are allowed in sidewalk café areas in the historic downtown district.

(25)

Vats, tubs, coolers, and other beverage storage devices within sidewalk cafe areas in the historic downtown district shall not be used to store or accommodate, nor used in conjunction with the sales, service or dispensation of, alcoholic beverages, except during special events with the prior approval of the city commission.

(26)

Sidewalk cafe areas shall not be used or available for food or beverage sale or service unless tables, chairs and other furniture and fixtures sufficient to accommodate all of the patrons allowed within the sidewalk cafe areas are first permitted, placed and remain within the sidewalk cafe area.

(27)

Fences relating to sidewalk cafe areas shall comply with the criteria set forth in this article.

(28)

Alcohol beverages sales and service in sidewalk cafe areas in the historic downtown district is limited to that portion of the sidewalk cafe area adjacent to and directly in front of that portion of the building where alcohol sales and service is permitted.

(Ord. No. 02-24, § 2, 5-23-02; Ord. No. 13-19, § 4, 5-23-13; Ord. No. 13-20, § III, 5-23-13)