§ 78-162. Operating requirements.

Any operator of a sidewalk cafe shall comply with the following requirements:

• Sidewalk cafes shall be located only in the area bounded by the owner's building, the adjacent street and the side lot lines of the owner's property.

• No portion of any umbrella in a sidewalk cafe or anything attached thereto shall be less than six and one-half feet above ground level. All umbrellas must have a mobile base. Umbrellas shall be retracted during all non-operating hours.

• Where exigent circumstances exist and a police officer or other authorized officer or employee of the city gives notice to the operator to temporarily move from a location or suspend sidewalk cafe operations, the operator shall comply with the notice. For purposes of this paragraph, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, the existence of any obstructions in the public space at or near such location, a parade, a demonstration or any other similar event or occurrence at or near such location.

• Food and beverage sales/service in the sidewalk cafe area may begin no earlier than 6:00 a.m.

• Food and beverage sales/service in the sidewalk cafe area must end no later than 10:00 p.m.

• All food and beverages may be served only in/on a container/dish made of material that does not easily shatter or break. Any broken container/dish or other property shall be immediately removed.

• Tables shall be cleared of all moveable items such as dishes, condiments, and other service items when not occupied.

• The operator shall be responsible for any items placed upon the sidewalk. The city is not responsible for any items placed outside of the business premises.

• Any refuse or trash containers placed upon the sidewalk by the operator must be emptied daily. Unemptied refuse or trash containers shall not be allowed to remain on the sidewalk after the time listed above for clearing the sidewalk cafe area. The operator's refuse or trash shall not be placed into a city sidewalk refuse or trash container.

• Any litter deposited on, in, or adjoining the vicinity of the sidewalk cafe shall be removed immediately.

• The operator shall at all times conduct such activity or activities in the sidewalk cafe area in an orderly fashion and in such a manner as to protect the public health and safety.

• The operator shall comply with all health and sanitation regulations applicable to food service establishments or otherwise.

• The operator shall indemnify, defend, and hold the city, its officers, agents, and employees harmless from any loss that results directly or indirectly from the use of the sidewalk and shall maintain and keep in effect liability insurance in a form appropriate for the operator's business.

• All tables, chairs and other equipment shall be removed during winter months or any other time required by the city.

• The sale and consumption of alcoholic beverages in the sidewalk cafe shall be governed by the liquor license governing the restaurant.

• The sidewalk cafe shall not be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity.

• No food may be stored, cooked or otherwise prepared in the sidewalk cafe area.

• All clean food service equipment, utensils or tableware must be covered at all times.

• The sidewalk cafe shall be accessible to the disabled, and the operator shall at all times comply with all applicable federal, state and city laws, ordinances and regulations concerning accessibility and non-discrimination in the providing of service.

• The sidewalk cafe shall not obstruct any fire exit, fire escape or other required means of ingress and egress of any building.

• In no event shall the operation of the sidewalk cafe unreasonably interfere with the passage of pedestrian or vehicular traffic or reduce the open portion of the public sidewalk to less than three feet, clear of all obstructions, measured from edge of the sidewalk closest to the curb, lampposts or parking meters.

• In no event shall the operation of, or placement of equipment or furnishings for, the sidewalk cafe obstruct access to any crosswalk, mailbox, curb cut, parking space or any other public property. The furnishings or equipment shall not obstruct access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign or street sign.

• Outdoor furnishing materials and finishes shall be durable, smooth and easily cleanable and shall be kept in sound condition and good repair.

(Ord. No. 19-01-01, § 2, 1-14-2019, eff. 5-28-2019)