§ 78-345. Standards, criteria and conditions.

(a)

Sidewalk cafes are restricted to the sidewalk frontage of the licensed restaurant for which the permit is issued or within the sidewalk frontage of the building where the validly licensed restaurant is located, provided that written approval is supplied by the building owner. The design of sidewalk cafes shall be so that there is a free flow of pedestrian access on the sidewalks.

(b)

Permits will not be issued where the tables and chairs would be placed within five feet of bus stops, taxi stands, fire hydrants or nonpedestrian alleyways.

(c)

No tables, chairs, umbrellas or other fixtures will be permitted within five feet of a pedestrian crosswalk or a handicapped corner curb cut.

(d)

Sidewalk cafes shall be located in such a manner that a distance of not less than 44 inches is maintained at all times as a clear and unobstructed pedestrian path, or must comply with the American with Disabilities Act requirements, whichever is greater.

(e)

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 path.

(f)

Tables, chairs, umbrellas and other permissible objects provided with the sidewalk cafe shall be of quality, design, materials, size, elevation and workmanship both to ensure the safety and convenience of users.

(g)

Umbrellas and other decorative material shall be fire-retardant, pressure-treated or manufactured of fire-resistant material. Signs are permitted on umbrellas, chairs, tables and other permissible fixtures which are located on the public right-of-way.

(h)

Prior to the issuance or renewal of a sidewalk cafe permit, the city's finance director shall certify that there are no outstanding liens, fines, moneys, fees, taxes or other charges owed to the city by the person requesting a sidewalk cafe permit. A sidewalk cafe permit will not be issued until all outstanding debts to the city are paid in full.

(i)

A maximum of one menu board and one specials board shall be permitted per sidewalk cafe. The locations, size, and materials of the menu board and specials board shall be approved by the planning department prior to the issuance of a sidewalk cafe permit, and the menu board and specials board location shall be shown on the sidewalk cafe site map. Specials boards and menu boards shall be restricted to the frontage of the licensed restaurant for which the permit is issued. Menu boards shall comply with the following standards:

(1)

Shall be no larger than four feet in height and two feet in width;

(2)

Shall be kept in good condition;

(3)

Shall be located within ten feet of the sidewalk cafe's main entrance;

(4)

Backdrop night lighting may be incorporated, but must be integrated within the menu board and shielded to reduce glare; and

(5)

Information displayed on the menu board shall be limited to the specific restaurant's menu, hours of operation, and logos.

(j)

Specials boards shall comply with the following standards:

(1)

Shall be no larger than four feet in height and two feet in width square feet;

(2)

Shall be kept in good condition;

(3)

May not be internally illuminated;

(4)

Can only have two faces; and

(5)

Information displayed on the menu board shall be limited to the specific restaurant's specials and logos.

(k)

Each permit shall be effective for one year, beginning on October 1 and ending on September 30, and shall be prorated for partial years on a monthly basis.

(l)

The permit issued may be transferred to a new owner only for the location and area listed on the permit. The transferred permit shall be valid only for the remainder of the period for which it was originally issued. New applications must be made for transferred permits, and such permittees must comply with the insurance provisions of section 78-346.

(m)

The mayor may require the temporary removal of sidewalk cafes when street, sidewalk, or utility repairs necessitate such action. If such temporary removal exceeds 15 calendar days, the remaining permit fee shall be prorated for each additional day the sidewalk cafe is removed and a credit shall be applied towards the following year's permit fee or, if requested to do so by the permittee, the remaining fee shall be refunded to the permittee.

(n)

The mayor may order the immediate removal or relocation of all, or parts of, a sidewalk cafe in emergency situations or for safety considerations, without notice.

(o)

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

(p)

The permittee shall use positive action to assure that its use of the sidewalk in no way interferes with sidewalk users or limits their free, unobstructed passage.

(q)

Tables, chairs, umbrellas, and other permissible objects provided with a sidewalk cafe shall be maintained with a clean appearance and shall be in good repair at all times.

(r)

The area covered by the permit, including the sidewalk, curb and gutter immediately adjacent to it, and all sidewalk frontage of the licensed restaurant for which the permit is issued, shall be maintained in a neat and orderly appearance at all times by the permittee. The area shall be kept clear of all debris. The permittee shall also be responsible for cleaning the ground or floor surface on which the sidewalk cafe is located and the gutter area immediately adjacent to the sidewalk cafe. Such cleaning shall include pressure cleaning. If the area covered by the permit is not maintained in a neat and orderly appearance after five days' written notice, the city may then take steps necessary to place the property in a neat and clean order and charge the permittee with the reasonable cost of repairs. Such action by the city does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the city for any damages to the property if such repairs were completed in good faith.

(s)

No advertising signs or business identification signs shall be permitted in the public right-of-way except as permitted in subsections (i) and (j) of this section.

(t)

No tables, chairs, or any other parts of sidewalk cafes shall be attached, chained or in any manner affixed to any tree, post, sign or other fixture, curb, or sidewalk in or near the permitted area.

(u)

The permit covers only the public sidewalk. Tables and chairs on private property will be governed by other applicable regulations. No additional outdoor seating authorized pursuant to this chapter shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of a liquor 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.

(v)

No cooking or fire apparatus shall be allowed on the public sidewalk, whether or not such area is covered by this permit.

(w)

Upon the issuance of a hurricane warning by the county, the permittee shall forthwith place indoors all tables, chairs and other equipment located on the sidewalk. The issuance of such a hurricane warning shall constitute an emergency situation as referenced in this article.

(x)

Only the sidewalk cafe equipment specifically shown on the approved drawing shall be allowed in the permit 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 permanent storage of chairs, tables, dishes, silverware or other sidewalk cafe equipment shall be allowed in the permit area, in any portion of the public right-of-way or outside the structural confines of the building in which the restaurant is located; however, the permittee may maintain such nonpermanent structures as rolling service stations in the permit area during hours of operation.

(y)

There shall be no live entertainment or speakers placed in the permit area unless approved and properly permitted by the city.

(z)

The permittee shall comply with the state accessibility code for building construction.

(Code 1979, § 26-339)