§ 62-241. Standards, criteria and conditions for outdoor merchandise areas.

All permit holders for outdoor merchandise areas shall meet the following standards, criteria and conditions:

(1)

No person shall locate an outdoor merchandise area within the public ways unless they have secured a permit from the city pursuant to the requirements of section 62-204 of this Code and paid any applicable fees required by the city.

(2)

Outdoor merchandise areas shall be located only in the areas designated by the city. Merchandise and the fixtures or devices on which it is displayed shall be restricted to the outdoor merchandise area and be located so as not to impede, endanger or interfere with pedestrian or vehicular traffic.

(3)

Merchandise and the fixtures or devices on which the merchandise is displayed must not block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage alongside the outdoor merchandise areas.

(4)

The outdoor merchandise area for the display of merchandise and the fixtures or devices on which the merchandise is displayed must abut the building facade. In addition, all displays of merchandise shall be sufficiently set back from the curb to allow for the parking of automobiles.

(5)

All displays of merchandise within the outdoor merchandise areas must meet a minimum height of 28 inches. All merchandise located within an outdoor merchandise areas shall be placed so that the merchandise and the fixtures or devices on which the merchandise is displayed are stable and not easily tipped and do not include sharp edges, protrusions, or other features which may be hazardous to the public.

(6)

All merchandise and the fixtures or devices on which the merchandise is displayed shall be moved inside the building or structure wherein the business is located during hours the business is not operated and during inclement weather, including, but not limited to, heavy rain or wind.

(7)

The permittee shall be responsible for the maintenance, upkeep and security of the fixtures or devices on which the merchandise is displayed and the city shall not be so responsible.

(8)

The permittee shall be responsible for keeping the outdoor merchandise areas clean of garbage, trash, paper, cups, cans or litter associated with the operation of the outdoor merchandise areas.

(9)

The permittee shall not utilize within the outdoor merchandise area any bell, siren, horn, loudspeaker or any similar device to attract the attention of customers.

(10)

Display items shall be limited to merchandise sold by the business or decorative items which relate to or compliment the business.

(11)

Outdoor merchandise areas shall not contain any live animals.

(12)

Display items shall not include signage which would otherwise require a sign permit under the Code.

(13)

All sales transactions shall occur in the building.

(14)

Except as provided for herein, no merchandise shall be displayed by use of racks or tables. Periodic display of merchandise upon tables may permitted for special events up to four times per year, not to exceed one time per calendar quarter. A special event permits may be obtained from the planning and zoning department.

(15)

The permittee shall assure that permittee's use of the public ways in no way interferes with pedestrians or limits their free, unobstructed passage throughout the display of merchandise during all business hours. All merchandise or other public ways obstructions shall be removed after business hours. A pedestrian pathway must be maintained and remain unobstructed at all times.

(16)

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 business shall be the responsibility of the permittee and said permittee shall be liable to city for all cost of repair.

(Ord. No. 02-24, § 2, 5-23-02)