§ 28-27. Sidewalk cafés.

(a)

It shall be unlawful for any person to possess or consume alcoholic beverages while on any sidewalk or other public way in the city per section 4-2 of the Code of Ordinances, unless approved by the city council as an authorized sidewalk café.

(b)

The city manager may issue a license agreement establishing and maintaining a sidewalk café on a part of a city sidewalk, in compliance with V.T.C.A., Transportation Code Ch. 316 (Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities for Private Use) and this chapter. It shall be unlawful for any person to erect, operate or maintain a sidewalk café without first obtaining a license as provided in the section.

(c)

Procedure for issuance of license. The director of public works is authorized to issue licenses to persons for sidewalkcafé purposes under the procedures established in this subsection. To obtain a license, a person must pay the applicable fee and file an application. As a part of the application the applicant shall provide:

(1)

The name and street address of the applicant.

(2)

The name and street address of the owner.

(3)

The name and street address of the operator, manager or other person responsible for the operation of the sidewalk café.

(4)

The name under which the sidewalk café will be operated.

(5)

A site plan of legible proportions showing the entirety of the abutting property of the owner; all contiguous, adjacent properties; and all existing sidewalk features including, but not limited to, utility poles, sign poles, trash receptacles, etc.

(6)

Detailed drawings of legible proportions showing the design, dimension and proposed location of all temporary structures (i.e., canopies, umbrellas, planters, landscaping, tables, chairs, exterior lighting, electrical outlets, etc.) the proposed clearance way and the side and front elevations of the proposed sidewalk café.

(7)

The seating capacity of the proposed sidewalk café and the seating capacity of the restaurant which will be associated with the sidewalk café.

(d)

Application review. Upon receipt of the application, the appropriate departments shall review and approve the application if:

(1)

The application meets the requirements of this section.

(2)

The proposed sidewalk café would be in compliance with all applicable city ordinances.

(3)

The operation of the proposed sidewalk café will not unreasonably interfere with the pedestrian or vehicular traffic.

(4)

The sidewalk café will not be located on, extend onto, nor intrude upon any portion of the sidewalk which is needed for pedestrian use.

(5)

The sidewalk café is located adjacent to the licensee's place of business.

(6)

The sidewalk café will not create any hazardous condition or obstruction of vehicular or pedestrian travel upon the public street.

(7)

The public use of a sidewalk or a public utility company must be protected.

(8)

Required clearances for pedestrian travel shall be met.

(9)

The sidewalk café is not enclosed by fixed walls or other permanent structures and is open to the air, except a canopy meeting all requirements may be constructed over the sidewalk café.

(10)

Any portion of a sidewalk café in which alcoholic beverages are served is secured by removable balustrades, planters, or other appurtenances.

(11)

A clear path of travel is maintained on all public sidewalks adjacent to the sidewalk café. The path of travel must be of adequate width and smoothness as required by the Texas Accessibility Standards (TAS). From time to time, it may be necessary to modify the configuration if TAS requirements change.

The application may be approved, modified or rejected. If the application is rejected, the applicant will be given the reasons for rejection and may modify the application to address the reasons for objection.

(e)

Renewal. A license granted hereunder shall be valid for a period of one (1) year from the date of its issuance. The licensee is responsible for renewing his sidewalk café license prior to that anniversary date. If the licensee does not renew his license, he shall remove all tables, chairs and other appurtenances associated with the sidewalk café on or before the expiration date of the license. A new sidewalk café permit will be required when a business changes ownership.

(f)

Insurance.

(1)

The licensee shall maintain general liability insurance in the following amounts: One million dollars ($1,000,000.00) combined single limit for bodily injury and property damage, each occurrence, and two million dollars ($2,000,000.00) annual aggregate. Liquor liability coverage in the amount of one million dollars ($1,000,000.00) if applicable, must also be included.

(2)

The city shall be an additional insured on each such policy and such policy shall include a provision to the effect that the city will be notified in writing by the insurance company thirty (30) days prior to cancellation of such policy. The licensee shall then have five (5) days to replace the coverage or the licensee's license shall be deemed revoked without further action on the part of the city.

(3)

The licensee also agrees to indemnify and hold harmless the city, its officers and employees against any loss, liability or damage, including expenses and costs for bodily injury and for property damage sustained by any person as a result of the licensee's operation of a sidewalk café on public property.

(g)

Conditions. A license for a sidewalk café shall be subject to the following conditions and may be suspended for failure to comply with them:

(1)

The sidewalk café premises may only be used for dining and the service of nonalcoholic and alcoholic beverages.

(2)

Licensee shall at its sole expense, keep the sidewalk free of standing water, maintained in good repair and kept free from material defects that may present a hazard to life or property.

(3)

Licensee must clean the sidewalk café and adjacent areas of spills, debris, litter, etc., each day or night after the sidewalk café is closed and the tables and chairs removed.

(4)

No permanent improvement will be installed in or on the sidewalk. All chairs, tables and other appurtenances associated with the sidewalk café shall be removable at all times.

(5)

A sidewalk café license is issued in the licensee's name and can only be assigned or transferred upon approval of the city.

(6)

A sidewalk café license is a license for a temporary and interruptible use of a sidewalk. It does not and shall not be construed to convey any legal or equitable interest whatsoever to any part of the sidewalk or public right-of-way.

(7)

The city is authorized to remove, without liability, part of the sidewalk café if necessary to obtain access to a city or public utility facility or improvement.

(8)

The sidewalk café may never be enclosed by a permanent wall or other temporary or permanent structure or improvement, except that the boundaries of a sidewalk café may be delineated through the use of a temporary barrier such as a balustrade, cordon, or railing. Any such temporary barrier must be easily removed and three (3) feet or less in height above the sidewalk.

(9)

A licensee may not obstruct ingress or egress to any other building or business.

(10)

The licensee shall maintain adequate lighting in and around the public clearance way to ensure that all obstructions may be easily seen. The illumination of the street from the sidewalk shall be no brighter than the illumination provided by ornamental street lights, nor shall it have an adverse impact on the flow of vehicular traffic.

(11)

The licensee shall install and maintain permanent markers in the sidewalk at grade showing the corners of the public clearance way as established by the license.

(12)

The licensee is responsible for the condition of the sidewalk area if it is not suitable for use as a sidewalk café.

(13)

The license is granted subject to compliance with all other applicable state and city rules and regulations, including but not limited to, zoning, alcohol service and food and health-related ordinances of the city.

(14)

Clearances between the sidewalk café or improvement and utility lines that comply with clearances from structures to utility lines required by a nationally recognized building code must be met.

(15)

The licensee must provide a cash or surety bond in an amount approved by the city sufficient to cover the costs for the city or a public utility to remove the licensee's sidewalk café or improvements.

(16)

The licensee must pay the costs to relocate a city or public utility facility or improvement in a city street or sidewalk associated with the installation of a sidewalk café or improvement of the licensee.

(17)

The city or authorized utility company or other person authorized by the city may remove, without liability, any part of a sidewalk café for which a permit has been issued if there is a lawful need for the site or for access to the site.

(h)

Operations. No licensee shall cause, permit or allow the following conditions to exist:

(1)

Preset tables.

(2)

Litter or trash on the sidewalk or street right-of-way.

(3)

Any temporary obstruction in the public clearance way.

(4)

An inadequate number of outdoor trash containers.

(i)

Termination of license. The city may terminate a license agreement for any reason on thirty (30) days' written notice from the city, or due to a breach of its terms by the licensee.

(j)

Offenses and penalty.

(1)

A person commits an offense if the person establishes, operates, or maintains a sidewalk café without a license under this chapter.

(2)

A person may not sell, barter, trade or store merchandise at a sidewalk café, except food or drink to be consumed at the sidewalk café.

(3)

An offense under this chapter is a class C misdemeanor.

(Ord. No. 2631, § 1, 10-3-11)