§ 7.42.020. Standards.

A.

No part of a sidewalk café area shall encroach upon any part of the sidewalk frontage of any adjacent premises, right-of-way or alley.

B.

A sidewalk café must leave a minimum six-foot unobstructed passageway for pedestrians along the length of the café. For operating establishments adjacent to sidewalks less than ten feet wide at the location of the proposed sidewalk café, the City Clerk, with the consent of the Department of Public Works, may reduce the unobstructed passageway to not less than that required by the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) or its successors.

C.

The holder of a sidewalk café permit shall fully insure, indemnify, defend and hold harmless the City and in their capacity as such, the officers, agents and employees thereof from and against any and all claims and damages in any way arising out of or through the acts or omissions of the permit holder or its employees in the construction, operation, maintenance, use, placement or condition of the sidewalk café. An applicant for sidewalk café shall provide proof of such insurance before a permit may be issued or renewed under this chapter.

D.

A sidewalk café shall close and all café seating shall be removed from the café area no later than thirty minutes before the permitted closing time of the operating establishment. The café area shall be cleared of all other furniture (excepting any furniture approved pursuant to Section 21.08.060(D) to remain in the café area overnight), debris and obstructions to the sidewalk no later than thirty minutes before the permitted closing time of the operating establishment.

E.

An operating establishment shall not sell, serve or allow consumption of alcoholic beverages on its sidewalk café without obtaining the required license from the Alcoholic Beverage Control Board. Alcoholic beverages shall be served on the sidewalk café only in conjunction with the service of food. Notwithstanding any contrary or different hours of operation in its alcoholic beverages license, an operating establishment shall not sell, serve or allow consumption of alcoholic beverages on its sidewalk café within thirty minutes before the operating establishment's permitted closing time.

F.

Sidewalk café furniture shall comply with any and all guidelines adopted pursuant to Section 21.08.060(D) of this code. Except as otherwise provided pursuant to Section 21.08.060(D), all sidewalk café furniture shall be readily moveable and shall be stored indoors when not in use. No permanent structures or improvements shall be installed in or near the café area.

G.

The following are prohibited in the café area: cooking of food; unshielded trash or refuse storage; advertisements (exclusive of menus intended to be read from café); outdoor entertainment, music, speakers, or public address system; exclusively carry-out transactions.

H.

A sidewalk café shall comply with all applicable building, health, safety, fire, zoning and environmental standards.

(Ord. O-1-04 Revised (part), 2005; Ord. O-13-95 § 1 (part))

(Ord. No. O-19-14, § I, 5-19-2014; Ord. No. O-36-12 Amended, § I, 6-10-2013)