§ 16-23. Sidewalk café permits—Criteria and conditions of issuance.

(a)

In reviewing the application for a sidewalk café, the city manager or his/her designee will consider the following criteria in determining whether a permit will be issued:

(1)

Qualifications. Permits may only be issued incidentally with the operation of a properly licensed business.

(2)

Location. The outdoor seating area of the sidewalk café may only extend the width of the storefront.

(3)

Arrangement. The permit application shall include a diagram showing the location of the sidewalk café in relation to the surrounding buildings, streets, and sidewalks, along with the location of all furnishings to be placed in the sidewalk café.

(4)

Barriers. If approved, applicants may include non-permanent barriers separating the sidewalk café from the remaining sidewalk that can be disassembled and removed if necessary. The design of the barrier if requested must be included in the permit application and shown on the diagram submitted with the permit application. If requested, the barrier should be of a simple post and chain construction, with posts of thirty-three (33) to thirty-six (36) inches in height above the surface of the sidewalk.

(b)

The applicant must acknowledge by signature that compliance with the regulations provided for by this article are a condition of operating a sidewalk café.

(c)

The issuance of a permit shall not be construed or interpreted to convey any property rights or any estate in land to any person or business. Sidewalk café permits are a non-transferable privilege that will expire upon change in use of the facility or on December 31 of each year.

(d)

Indemnification. As a condition of issuance, the approved applicant and any person acting under or pursuant to said approval, agrees to indemnify, hold harmless, release, and defend (even if the allegations are false, fraudulent, or groundless) to the maximum extent allowed by law, the city and its agents, officers, employees and representatives, from and against all liability, loss, suits, claims, damages, costs, judgments, and expenses (including attorneys' fees and costs of litigation) which in whole or in part result from arise out of, or are claimed to result from or arise out of the operation, existence or approval of a sidewalk café or in any matter connected with any acts, operations, privileges authorized, allowed, or undertaken pursuant to the use of city sidewalks pursuant to this article, including, without limitation, any condition of property used as a sidewalk café.

(e)

Insurance. The approved sidewalk cafe permittee shall be required to have general liability insurance providing for the following limits naming the city as an additional insured in the following minimum amounts: fifty thousand dollars($50,000.00) per person; and one hundred thousand dollars ($100,000.00) per occurrence.

( Ord. No. 409 , § 1, 6-6-17)