FOR ORDINANCE NO. 110526
Amending Chapter 18, Article II,
Code of Ordinances, by repealing and reenacting subsection 3201.5.4 of Section
18-40; and amending Chapter 64, Article V, Code of Ordinances, by repealing and
reenacting Section 64-164 in its entirety, all for
the purpose of updating the regulations applicable to sidewalk cafes.
BE IT ORDAINED BY THE COUNCIL OF
Section 1. That Section 18-40, Code of Ordinances
of the City of Kansas City, Missouri, is hereby amended by repealing subsection
3201.5.4, and enacting in lieu thereof a new subsection of like number and
subject matter, to read as follows:
Sec. 18-40. Adoption of
International Building Code (2006); amendments.
the permit is issued, and annually thereafter, the permittee shall deposit with
the city a certificate of insurance evidencing that the endorsements required
by subsections (2) and (3) have been met.
for an encroachment shall be construed as a permit and not a grant and may be
revoked by the city at any time; and, upon revocation, the permittee or the
owner of the property adjacent to or adjoining such encroachment, at the same
time the removal of the encroachment may be required, shall cause the removal
of the encroachment and construction of necessary walls and footings to protect
the public property, without expense to the city.
Encroachment permits shall not be required for:
1. Cornices, sills, pediments and similar projections of
decorative character when not more than ten inches beyond the property line,
provided that every part of such projection is not less than ten feet above the
sidewalk and not less than 15 feet above any alley or vehicular trafficway.
2. Wheel guards of metal or concrete with rounded surfaces when
encroaching onto public property, except alleys, not more than ten inches and
not more than 18 inches above grade.
3. Metal wall plates and metal angle corners when projecting
onto public property not more than one inch.
4. Sill cocks, fire department connections and sprinkler system
control valves when encroaching onto public property not more than eight
5. Awnings providing construction, projection, clearances and
design conforming with section 3202.
conforming with section 3202.1.1.
7. Curbs or buffer blocks projecting not more than nine (9)
inches and not exceeding a height of nine (9) inches above grade.
8. Wall signs extending not more than one foot beyond the face
of the wall and located not less than 10 feet above the grade of any public
sidewalk or 15 feet above the grade of any public street or alley.
cafes permitted under Section 64-164, Code of Ordinances.
Section 2. That
Section 64-164, Code of Ordinances of the City of Kansas City, Missouri, is
hereby amended by repealing Section 64-164, Encroachment permit for temporary
placement of tables and chairs for customers on public sidewalk, and enacting
in lieu thereof a new section of like number and subject matter, to read as
Sec. 64-164. Sidewalk café
authorized. Unless otherwise authorized under the Code of Ordinances, no
person shall place tables or chairs or any other device for the sale or
consumption of food or beverage upon any public sidewalk or footway without
first obtaining an annual sidewalk café permit. The director of neighborhood
and community services is authorized to issue annual sidewalk café permits for
a permit year beginning on January 1 and ending on December 31 of the same
year, for the limited purpose of temporarily placing tables and chairs for
customers in connection with the sale and consumption of food and beverages in
or upon any public sidewalk or footway only if all of the following conditions
(1) A sidewalk café permit can only be issued for areas in the
city zoned for business and for sidewalks that will allow a clear unobstructed
passage not less than five feet in width following the placement of the tables
(2) A sidewalk café permit may only be issued for a business that
has a nonalcohol city business license for the sale and consumption of food and
beverages on the premises or a business licensed as a restaurant-bar under
chapter 10 of
the Code, provided that the permit may be issued only if such business is
located immediately in front of the sidewalk and the permit shall not be issued
for another business, if any, located in the same building.
sidewalk café permit issued under this article may not be assigned.
(4) The sidewalk café permit shall specify the location of the
permit area by address.
(5) The applicant for a sidewalk café permit obtains approval
from the Board of Parks and Recreation Commissioners if the sidewalk is on a
parkway or boulevard under the jurisdiction of that Board.
(6) The applicant for a sidewalk café permit meets all of the
other permit requirements contained in the Code of Ordinances, including but
not limited to the requirements of chapter 10 of the
Code, if applicable.
of permit. A sidewalk café permit is a privilege and not a right, and the
city shall at all times have the right to restrict the scope, time and manner
of the placement of tables and chairs on the sidewalk at anytime and for any
reason by ordinance or regulation of the director of neighborhood and community
for sidewalk café permits.
(1) All applications for a sidewalk café permit shall be filed
with the director of neighborhood and community services in a form approved by
(2) As a condition for the issuance of a sidewalk café permit,
the applicant shall furnish to the director of neighborhood and community
services an indemnity agreement in the form approved by the director binding
the applicant to defend, indemnify, and hold harmless the city and any of its
agencies, officials, officers, or employees from and against all claims,
damages, liability, losses, costs, and expenses, including reasonable
attorneys' fees, arising out of or resulting from any acts or omissions in
connection with the operations of the applicant caused in whole or in part by
the applicant, its employees, agents, or subcontractors, customers or caused by
others for whom the applicant is liable, regardless of whether caused in part
by any act or omission of city, its agencies, officials, officers, or employees.
(3) As a condition for the issuance of a sidewalk café permit,
the applicant shall furnish the city a certificate of insurance from a company
approved by the director of finance evidencing that the applicant has a
comprehensive general liability and property damage policy meeting the
i. Liability insurance with either a combined single-limit
policy of not less than $2,000,000.00, or a split-limit policy of
$300,000.00/$300,000.00 bodily injury and $100,000.00 property damage.
ii. The city shall be added as an additional insured to such
policy by separate endorsement.
iii. The policy shall contain a separate endorsement requiring
the insurance company to notify the city in writing of any change in or
cancellation of the policy at least ten days prior thereto.
failure to obtain or maintain the required insurance in effect for the duration
of the permit shall immediately render the permit void. Notwithstanding the
foregoing, the applicant shall remain obligated to indemnify and hold harmless the
city and any of its agencies, officials, officers, or employees to the full
extent required by the indemnity agreement required by this section.
(4) As a condition for the issuance of a sidewalk café permit,
the applicant shall pay an inspection fee of $250.00 per year. The amount due
shall not be prorated for any partial year.
of sidewalk café permit holder. A person holding a sidewalk cafe permit (permittee)
shall comply with all of the following conditions in connection with the
placement of tables and chairs on a sidewalk:
(1) Sidewalk café permits shall be conspicuously displayed at all
times at the business for the permit area and shall be available for inspection
by the director of neighborhood and community services, other city employees,
and the public.
(2) No street or alley shall be blocked by tables and chairs placed
pursuant to a sidewalk café permit issued under this section.
(3) The permittee shall comply with all applicable laws,
including the Americans with Disability Act.
(4) Tables and chairs shall be securely placed so that they will
not endanger the public, or fall or protrude into any street or alley.
(5) Tables and chairs shall not be placed in a manner that
creates or causes a nuisance, a fire hazard, or interferes with ingress to or
from any building.
(6) Only tables and chairs for customer use may be placed and
allowed to remain within the permit area. The permit area may not be used for
the storage of other items.
(7) Tables and chairs shall only be placed in front of the
business holding a sidewalk café permit and shall not extend to sidewalks
abutting and adjacent to other properties. Notwithstanding the foregoing, the
tables and chairs may be placed in front of a property immediately abutting and
immediately adjacent to the business holding the sidewalk café permit if the
owner of record of the affected property consents in writing in a form approved
by the director of neighborhood and community services; a property shall not be
deemed to be immediately abutting and immediately adjacent if separated from
the business holding the sidewalk café permit by a street or alley.
tables and chairs shall not be placed in the street.
(9) Tables and chairs for customers shall be placed no less than
five (5) feet back from the front of the curb of the abutting street.
Approved as to form and legality:
Brian T. Rabineau
Assistant City Attorney