§ 241-7. Requirements of permit.  


Latest version.
  • A. 
    Posting of permit. The permit holder shall post the sidewalk cafe permit on the establishment so that it is clearly visible from the street.
    B. 
    Trash; condition of premises. Property shall be kept clean and refuse free, and any outside trash containers shall be emptied at least once per day into operator's regular business receptacle. At the expiration of the term of the permit, all City-owned property shall be delivered up to the City in the same condition as prior to the granting of the permit, damage by natural elements excepted. Public property shall not be altered in any way during the term of the permit. Further, the applicant shall sign an agreement to repair, at the expense of the applicant, any damage caused by non-natural elements to the sidewalk in the operation of the cafe.
    C. 
    Serving of alcoholic beverages. Alcoholic beverages will not be served at the sidewalk cafe after 10:30 p.m., and all tables and chairs will be removed no later than one hour after the final serving time.
    D. 
    Hours of operation. Sidewalk cafes shall be open for business not before 7:30 a.m. and shall close by 11:00 p.m.
    E. 
    Music; lighting; outdoor cooking. Sidewalk cafes shall be allowed to provide music, so long as it is not of the type and volume as to violate any applicable and appropriate law or ordinance such as the City's Noise Ordinance (Chapter 178) or create a nuisance to surrounding residents or property owners. Lighting shall be minimal and shielded to prevent spillover to adjacent properties. No outdoor cooking of any type is permitted in sidewalk cafes.
    F. 
    Fixtures; furnishing; signage. All fixtures and furnishings shall be of a temporary nature, capable of being brought in at closing time, and must be brought in from public space and stored during nonoperational hours. No objects, except a retractable awning and lighting fixtures may be permanently attached to the exterior. All planters, railings and fences must be temporary and not exceed a height of four feet. No additional signage shall be permitted to be affixed to a cafe temporary structures or accessories. Any permanent changes to the property are subject to site plan review and approval.
    G. 
    Clear paths. Sidewalk cafes shall maintain a minimum of five feet or 50% of the total sidewalk area for clearance, whichever is greater, to provide adequate and unobstructed pedestrian movement, such measurement being made from the outermost point of the cafe to the unobstructed inner edge of the curb, excluding brick or grass carpets, United States mailboxes, fire hydrants, bus shelters, street trees, etc. The actual amount of clearance space needed will be based upon two factors: the location and the volume of pedestrian traffic. A larger pedestrian right-of-way may be required based on the proposed location and the volume of pedestrian traffic experienced there. The City Clerk and Code Enforcement Officer may, at their discretion, alter the requirements of this section.