Section 17.28.220 Regulations governing the development of sidewalk cafes.

1. Sidewalk cafes shall not be allowed to occupy the public right-of-way unless the City Manager has issued it an encroachment permit in conformance with this section of the Municipal Code. Any encroachment permit may be revoked by the City Manager at any time for any reason. Sidewalk cafes shall normally be permitted to occupy the public right-of-way between March 1^st and November 1^st, however, it is recognized that it may be desirable and appropriate to occupy the sidewalk cafes for short periods of time between November 1^st and March 1^st during periods of fair weather and such occupancy shall be allowed.

2. Sidewalk Cafes shall be allowed only in the BC, BG, BGM and HC Districts

3. Sidewalk cafes must be contiguous with, and have direct access to, and be operated as an extension of, the business operating the cafe.

4. Sidewalk cafes shall not be allowed except where the public sidewalk between the business operating the cafe and curb of the street is in excess of 10 feet.

5. Irrespective of the width of the sidewalk, sidewalk cafes must allow at least four feet of unobstructed sidewalk to remain for pedestrian use. Obstructions such as parking meters, street lights, trees or planters must be outside of the four feet of unobstructed sidewalk.

6. The area of a public sidewalk to be occupied by the sidewalk cafe must be delineated from the remainder of the sidewalk.

a. For those sidewalk cafes which do not serve alcoholic beverages, such delineation must be clearly visible, but need not be a physical barrier.

b. Sidewalk cafes may serve alcoholic beverages subject to the issuance of appropriate liquor licenses. For those sidewalk cafes which serve alcoholic beverages, such delineation must be in the form of a physical barrier that satisfies liquor license requirements. Sidewalk cafes serving alcoholic beverages must be monitored by employees of the operation.

c. Whether required or not, physical barriers delineating sidewalk cafes shall be in the form of manufactured exterior fencing, between 36” and 48” tall acceptable to the community development department.

7. Any fencing used to delineate a sidewalk cafe must be temporary in nature and must be removable in one working day. Fence supports may be imbedded into the sidewalk provided the City Engineer determines that such action will not harm the integrity of the sidewalk either when the support is placed or after the support is removed or provided the owner of the abutting property indemnifies the City to the satisfaction of the Community Development Director for work that may be necessary to return the sidewalk to its proper condition. Except for what may be necessary to anchor fences delineating the sidewalk cafe, there shall be no alteration of the existing sidewalk.

8. Tables, chairs and other furnishings shall not be permanently attached to the public sidewalk. Chairs, tables, and other furnishings, but not necessarily fencing, shall be removed at the end of each season.

9. Notwithstanding the provisions of Chapter 4.36, Sidewalk Cafés may erect one double-faced, free-standing, non-illuminated sign within the area delineated by the site plan and outside of the four feet of unobstructed sidewalk that remains for pedestrian use. Such signs shall not exceed 48 inches in height and 11 square feet per face. Such sign shall be erected so as not to pose a hazard and shall remain securely upright. The sign may only be displayed during the period of time the sidewalk café has in place on the sidewalk tables and chairs for use by the public, but in no event between November 1 and February 28 of any year. In addition, signage such as menu boards, table tent signs, directional signs and other similar signs shall be allowed.

10. The area of the public sidewalk occupied by a sidewalk cafe shall be immediately adjacent to the business operating the cafe while pedestrian walkways shall be between the curb and the sidewalk cafe. Sidewalk cafes may locate in alleys which have been closed to vehicular traffic which are adjacent to the business operating the café in the same manner as provided for sidewalk operation.

11. Building entrances or exits shall not be blocked.

12. Chairs, tables, fences, other furnishings and the area delineated for use as the sidewalk cafe must be maintained in good condition.

13. Music shall not be played in association with a sidewalk cafe.

14. Lighting shall be installed in such a manner nearby properties are not illuminated.

15. The business operating the cafe is responsible for trash removal, snow removal, and general maintenance and must return the cafe area and surrounding four feet to a clean and litter free condition after operation each day.

16. The sidewalk cafe shall be considered a temporary extension of the abutting building as well as the abutting business.

17. The issuance of permits for the establishment of sidewalk cafes shall be at the sole discretion of the City Manager. (Ord. 2002-0693; 99-7660)