COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 190953, AS AMENDED
Amending various sections of
Chapter 18, “Buildings and Building Regulations,” and Chapter 64, “Streets,
Sidewalks and Public Places,” for the purpose of establishing and regulating
parklets and street cafes and delegating the authority to administer sidewalk
café permits, street café permits, and parklet permits to the director of
public works.
WHEREAS, the
City wishes to encourage and support businesses by enacting regulations to
support their growth in the city; and
WHEREAS, the
City recognizes that the use of outdoor spaces can add additional economic
activity to City businesses; and
WHEREAS, the
City previously implemented a permitting process to allow for business to
maintain Sidewalk Cafes; and
WHEREAS, the
City permitted and participated in a successful temporary Pilot Program for
Parklets in various locations of the City; and
WHEREAS, the
City now wishes to establish parklet and street café permits to allow local
businesses to utilize public right-of-way as set forth herein; NOW, THEREFORE:
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That Chapter 18, Code of Ordinances
of the City of Kansas City, Missouri, is hereby amended by repealing Article I,
Section 18-25, Encroachment onto public property, and enacting in lieu thereof
a new subsection of like number and subject matter, to read as follows:
Sec. 18-25. Encroachment
onto public property.
(a) Generally.
No part of any structure or any appendage thereto shall project beyond the
property line of a building site and encroach below, on or above public
property, including right-of-way, except where allowed without a permit in this
section, unless authorized by an encroachment permit, in accordance with
subsection (b).
(b) Encroachment
permit required. The building official may issue an encroachment permit to
construct an encroachment based on plans prepared according to the provisions
of section 18-18 showing construction and clearances in compliance with article
II, chapter 32 of the building code, and required approval of the municipal art
commission, the department of public works or the department of parks and
recreation, the ADA compliance manager, and other public utilities and
agencies. The building official shall find that the portion of the right-of-way
to be used by the adjoining property owner is not required, or anticipated to
be required in the immediate future, for special use by the city or other
occupants of the right-of-way, and can be used by the adjoining property owner
without impeding the public interest in maintaining the right-of-way. The
building official, in accordance with a recommendation of the ADA compliance
manager, shall find that the encroachment will not cause the right-of-way to be
out of compliance with the Americans with Disabilities Act, and its standards
and guidelines, or will not exacerbate any existing noncompliance, and will not
impede the use of the right-of-way for its intended purposes.
(c) Insurance.
The permittee shall keep in force insurance, issued by a company approved by
the director of finance, meeting the following conditions:
(1) Liability
insurance with either a combined single-limit policy of $500,000.00, or a
split-limit policy of $100,000.00/$300,000.00 bodily injury and $100,000.00
property damage.
(2) The
city shall be added as an additional insured to such policy by separate
endorsement.
(3) 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.
(4) Before
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.
(d) Revocation.
Authorization for an encroachment shall be construed as a permit and not a
grant and may be revoked or modified by the city at any time; and, upon revocation
or modification, the permittee or the owner of the property adjacent to or
adjoining such encroachment, at the same time as the removal or modification of
the encroachment may be required, shall cause the removal or modification of
the encroachment and construction of necessary walls and footings to protect
the public property, without expense to the city.
(e) Exceptions.
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 inches.
(5) Awnings
providing construction, projection, clearances and design conforming with
article II, section 3202 of the building code.
(6) Footings
conforming with article II, section 3202.1.1 of the building code.
(7) Curbs
or buffer blocks projecting not more than nine inches and not exceeding a
height of nine inches above grade.
(8) Wall
signs extending not more than one foot beyond the face of the wall and located
not less than ten feet above the grade of any public sidewalk or 15 feet above
the grade of any public street or alley.
(9) Sidewalk
cafes permitted under section 64-168, Code of Ordinances.
(10) Bicycle
racks permitted under section 64-169, Code of Ordinances.
(11) Parklets
permitted under section 64-170, Code of Ordinances.
(12) Street
cafes permitted under section 64-171, Code of Ordinances.
(f) Existing
encroachments. Parts of existing buildings and structures which already
lawfully project beyond the street lot line or building line may be maintained
as constructed until their removal is directed by the building official.
(g) License
fees. Encroachment into the right-of-way will be subject to the imposition
of an annual license fee as required by section 18-20. Encroachments granted to
the political subdivisions of the state, to the state and its agencies, and to
the United States and its agencies will not require payment of an encroachment
fee because it is in the public interest to permit such encroachments without
additional costs to these public entities, so long as said encroachments serve
a public purpose; however, community improvement districts, neighborhood
improvement districts and transportation development districts shall not be
exempt from encroachment fees.
Section 2. That Chapter 64, Code of Ordinances
of the City of Kansas City, Missouri, is hereby amended by repealing Section
64-168, Sidewalk café permit, and enacting in lieu thereof a new subsection of
like number and subject matter, to read as follows:
Sec. 64-168. Sidewalk café permit.
(a) Permit
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 is authorized to
issue annual sidewalk café permits 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 are met:
(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 and chairs.
(2) A
sidewalk café permit may only be issued for a business that has a nonalcohol
city business license or a conventions and tourism food certificate for the
sale and consumption of food and beverages on the premises 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.
(3) A
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 and as required.
(i) Exception:
If the applicant for a sidewalk café permit holds both a license as a restaurant-bar
under Chapter 10 of the Code and a sidewalk café permit for the location, and
wishes to apply for a license as a restaurant bar in the sidewalk café,
requirements of section 10-214 shall not apply.
(b) Status
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 any time and for any
reason by ordinance or regulation of the director.
(c) Application
for sidewalk café permits.
(1) All
applications for a sidewalk café permit shall be filed with the director in a
form approved by the director.
(2) As a
condition for the issuance of a sidewalk café permit, the applicant shall
furnish to the director 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 following conditions:
a. 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.
b. The
city shall be added as an additional insured to such policy by separate endorsement.
c. 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.
The applicant's
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.
(d) Conduct
of sidewalk café permit holder. A person holding a sidewalk café 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, 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
Disabilities 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; 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.
(8) The
tables and chairs shall not be placed in the street.
(9) Tables and chairs for customers shall be placed no less than
five feet back from the front of the curb of the abutting street, or other
appurtenances.
(e) Renewal. Sidewalk café
permits shall be granted on an annual basis. All sidewalk café permits may be
renewed upon request by the permittee and upon approval by the director thirty
(30) days prior to the expiration of the permit. The term for the renewal shall
also be one year. Upon a request for renewal, the permittee shall demonstrate
that they have adhered to the provisions of this section. The director may
inspect the sidewalk café at any time.
(f) Fees.
The director shall have the authority to set fees to defray the various costs
incurred by the city in establishing and regulating sidewalk cafes. Those fees shall
include an application fee and an annual license fee. The fees shall be
determined annually by the director, and shall be made available to any
permittee seeking to establish a sidewalk café.
(g) Revocation.
Any permit issued hereunder may be suspended or revoked for any reason that
would justify a refusal to issue the permit originally or by reason of any
failure by the permittee to comply with the provisions of this code, or any
condition imposed by the director upon the issuance of the permit. The sidewalk
cafe permit may also be suspended if the location of the sidewalk is necessary
for city use, including for use by a utility with the right to access the
city’s right-of-way. Unless there is an emergency as defined by city ordinance
or need for access from a utility utilizing city right-of-way, the permittee is
entitled to a minimum of one week’s advance notice of the city’s intent to
temporarily suspend, or a minimum of 30 days’ advance notice to revoke a
sidewalk café permit. The cost of removing the sidewalk café will be borne
solely by the permittee. Should the permittee fail to remove the sidewalk café,
the director may remove the sidewalk café and assess cost of the removal to the
permittee.
(h) Penalties.
A permittee operating a sidewalk café who violates or fails to comply with any
of the provisions of this section shall be subject to a fine of triple the
amount of the application fee for every day of non-compliance.
Section 3. That
Section 64-170, Code of Ordinances of the City of Kansas City, Missouri,
Parklet permit, is hereby enacted to read as follows:
Sec. 64-170. Parklet permit.
(a) Definition.
A parklet is defined as an outdoor facility located within city right-of-way –
either within the sidewalk, on-street parking areas, or other unutilized spaces
within the public right-of-way - which is permitted by the city to be managed
by the adjacent property owner as public space.
(b) Parklet
permit established. The director of public works is authorized to issue
annual parklet permits for the purpose of creating public gathering spaces. The
director shall have authority to establish reasonable regulations for the
issuance, use, revocation, and denial of parklet permits. Upon issuance of a
parklet permit, permittees shall perform all obligations, duties and
responsibilities as set forth by the director. Issuance of a parklet permit is
a privilege and not a right, and the director shall have the right to modify
the scope, time and manner of the parklet permit for any reason. The director of
public works may seek the opinion of other city officials in review of a
parklet permit application.
When the
applicant for a parklet permit requests a parklet permit adjacent to or within
a parkway or boulevard, the applicant must obtain approval from the board of
parks and recreation commissioners. In such circumstances, any authority
delegated within this section to the director of public works shall instead be
delegated to the director of parks and recreation.
(c) Permit
conditions. A parklet permit may be issued only if all of the following
conditions are met:
(1) A
parklet permit may be issued to any individual, business or organization for an
area within city right-of-way – either within the sidewalk, on-street parking
areas, or other unutilized spaces within the public right-of-way upon request
by the owner or tenant of property adjacent to the parklet.
(2) A
parklet permit may be issued in any area in the city in which the adjacent
street or roadway has a posted speed limit not in excess of thirty miles per
hour.
(3) A
parklet may not be located within parking spaces designated for the exclusive
use of vehicles which display a distinguishing license plate or placard issued
to physically disabled or handicapped persons.
(4) The
applicant for a parklet permit meets all applicable requirements contained
within the city’s code of ordinances.
(d) Application
for parklet permits.
(1) All
applications for a parklet permit shall be filed with the director of public
works in a form approved by the director. Parklet permits may not be
transferred or assigned. All applications shall include the following:
a. 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. The
permittee shall specifically 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
attorney’s fees, arising out of or resulting from the city’s snow removal
operations.
b. 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 following conditions:
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.
The applicant's
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.
c. A design of the parklet which adheres to the city’s
parklet and street café design standards provided by the director of public works
which shall be available to any permittee seeking to establish a parklet. The
applicant shall include a layout, drawn to scale, which accurately depicts the
dimensions of the existing area to be utilized as a parklet and adjacent
private property, the proposed location of the parklet, size and number of
tables, chairs, steps, planters, and umbrellas, location of doorways, trees,
existing parking meters, sidewalk benches, trash receptacles, light poles, and
any other sidewalk obstructions, either existing or proposed, within the
pedestrian area. This layout shall be submitted on eight and one-half-inch by
eleven-inch paper, suitable for reproduction. Also, photographs, drawings, or
manufacturer’s brochures fully describing the appearance and dimensions of all
proposed tables, chairs, weighted umbrellas, free-standing barriers or other
objects to be used in the parklet.
(e) Conduct
of parklet permit holder. Parklet permittees shall comply with all of the
following conditions:
(1) Parklets
must at all times adhere the city’s parklet and street café design standards
which shall be provided by the director upon request.
(2) The permittee shall properly supervise and
maintain the parklet in a clean, orderly, and safe condition and in such a manner
as to protect the public health and safety. The permittee shall prevent the
accumulation, blowing and scattering of trash, garbage, or any other such
debris caused by use of the parklet and shall maintain its own trash containers
upon the parklet for disposal of any debris. All tables, chairs, umbrellas, and
any other furnishings utilized in the parklet shall be maintained with a clean
and attractive appearance and shall be in good repair at all times.
(3) Parklet
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 public
works, other city employees, and the public.
(4) Parklets must remain publicly accessible and
must include signage posted on-site to this effect, stating hours reserved for
public use.
(5) Permittee shall ensure that the parklet and its
furnishings in no way interfere with pedestrian, bicycle, or automobile traffic
within the sidewalk, street, or bicycle facilities including the parking of
vehicles in adjacent parking spaces.
(6) No smoking shall be allowed in the parklet.
Alcohol shall not be consumed within the parklet without proper licensure.
(7) Permittee shall not erect, attach, or affix
any permanent fixture upon the public right-of-way, even within the parklet.
(8) No furnishings or any parts of the parklet
shall be attached, chained, or in any manner affixed to any tree, post, signs,
sidewalk, streetlight, fire hydrant, or other public fixture within or near the
parklet.
(9) The permittee shall not be permitted to use or
operate any public address system, or amplified music before 9:00 a.m. and
after 10:00 p.m.
(10) The
permittee shall comply with all applicable laws, including the Americans with
Disabilities Act.
(11) The
parklet permit may not be used for the storage of any items other than seating,
furnishing, landscaping, signs, or lighting.
(12) The
parklet shall not extend to public right-of-way abutting and adjacent to other
properties. Notwithstanding the foregoing, the parklet may extend in front of a
property immediately abutting and immediately adjacent to the business holding
the parklet permit if the owner of record of the affected property consents in
writing in a form approved by the director of public works; a property shall
not be deemed to be immediately abutting and immediately adjacent if separated
from the business holding the parklet permit by a street or alley.
(f) Renewal.
Parklet permits shall be granted on an annual basis. All parklet permits may be
renewed upon request by the permittee and upon approval by the director thirty
(30) days’ prior to the expiration of the permit. The term for renewal shall
also be one year. Upon a request for renewal, the permittee shall demonstrate
that they have adhered to the provisions of this section as well as the city’s
parklet and street café design standards. The director may inspect the parklet
at any time.
(g) Fees.
The director shall have the authority to set fees to defray the various costs
incurred by the city in establishing and regulating parklets. Those fees shall
include an application fee and an annual renewal fee. The fees shall be
determined annually by the director, and shall be made available to any
permittee seeking to establish a parklet.
(h) Revocation.
Any permit issued hereunder may be suspended or revoked for any reason that
would justify a refusal to issue the permit originally or by reason of any
failure by the permittee to comply with the provisions of this code, or any
condition imposed by the director upon the issuance of the permit. The parklet
permit may also be suspended if the location of the parklet is necessary for
city use, including for use by a utility with the right to access the city’s
right-of-way. Unless there is an emergency which threatens the health and
safety of city residents and visitors or a need for access from a utility
utilizing city right-of-way, the permittee is entitled to a minimum of one
week’s advance notice of the city’s intent to temporarily suspend, or a minimum
of 30 days’ advance notice to revoke a parklet permit. No advance warning is
required in the case of an emergency which threatens the health and safety of
city residents and visitors or a need for access from a utility. The cost of
removing the parklet will be borne solely by the permittee. Should the
permittee fail to remove the parklet within the timeframes outlined above, the
director of public works may remove the parklet and assess cost of the removal
to the permittee.
(i) Penalties.
A permittee operating a parklet who violates or fails to comply with any of the
provisions of this section shall be subject to a fine of triple the amount of
the application fee for every day of non-compliance.
Section 4. That
Section 64-171, Code of Ordinances of the City of Kansas City, Missouri, Street
café permit, is hereby enacted to read as follows:
Sec. 64-171. Street café permit.
(a) Definition.
A street café is defined as an outdoor dining facility located within areas
used for on-street parking which is permitted by the city to be utilized by the
immediately adjacent property owner or tenant for outdoor dining as an
extension of the owner’s or tenant’s operations.
(b) Street
café permit established. The director of public works is authorized
to issue annual street café permits for the limited purpose of placing tables
and chairs for customers in connection with the sale and consumption of food
and beverages in or upon any on-street parking spaces. The director shall have
the authority to establish reasonable regulations for the issuance, use,
revocation, and denial of street café permits. Upon issuance of a street café
permit, permittees shall perform all obligations, duties and responsibilities
as set forth by the director. Issuance of a street café permit is a privilege
and not a right, and the director shall have the right to modify the scope,
time and manner of the street café permit for any reason.
When the
applicant for a street café permit requests a street café permit adjacent to a parkway
or boulevard, the applicant must obtain approval from the board of parks and
recreation commissioners. In such circumstances, any authority delegated within
this section to the director of public works shall instead be delegated to the
director of parks and recreation.
(c) Permit
conditions. A street café permit may be issued only if all of the following
conditions are met:
(1) A
street café permit may be issued to any individual, business or organization
within on-street parking areas or other unutilized spaces within the public
right-of-way immediately adjacent to property owned or leased by the
individual, business or organization.
(2) A
street café permit may be issued adjacent to streets or roadways which have a
posted speed limit not in excess of thirty miles per hour.
(3) A
street café permit can only be issued for areas in the city zoned for business
and which allow a clear unobstructed passage not less than five feet in width
within the street café following the placement of the tables and chairs in the
street café.
(4) A
street café permit may only be issued for a business that has a nonalcohol city
business license or a conventions and tourism food certificate for the sale and
consumption of food and beverages on the premises provided that the permit may
be issued only if such business is located immediately in front of the business
and the permit shall not be issued for another business, if any, located in the
same building.
(5) A
street café permit may not be located within parking spaces designated for the
exclusive use of vehicles which display a distinguishing license plate or
placard issued to physically disabled or handicapped persons.
(6) The
applicant for a street café permit must meet all other permit requirements
contained in the Code of Ordinances, including but not limited to the
requirements of chapter 10 of the Code, if applicable. As a condition for the
issuance of a street café permit, the director of neighborhoods and housing
services shall attest that the permittee has met any requirements of permits
which the permittee holds under chapter 10, if applicable and as required.
(d) Application
for street café permits.
(1) All
applications for a street café permit shall be filed with the director of
public works in a form approved by the director. Street café permits may not be
transferred or assigned. All applications for a street café permit shall
include the following:
a.
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. The
permittee shall specifically 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
attorney’s fees, arising out of or resulting from the city’s snow removal
operations.
b. 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 following conditions:
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.
The applicant's
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.
c. A
design of the street café which adheres to design guidelines provided by the
director of public works which shall be available to any permittee seeking to
establish a street café. The applicant shall include a layout, drawn to scale,
which accurately depicts the dimensions of the existing area to be utilized as
a street café and adjacent private property, the proposed location of the
street café, size and number of tables, chairs, steps, planters, and umbrellas,
location of doorways, trees, existing parking meters, sidewalk benches, trash
receptacles, light poles, and any other sidewalk obstructions, either existing
or proposed, within the pedestrian area. This layout shall be submitted on
eight and one-half-inch by eleven-inch paper, suitable for reproduction. Also,
photographs, drawings, or manufacturer’s brochures fully describing the
appearance and dimensions of all proposed tables, chairs, weighted umbrellas,
free-standing barriers or other objects to be used in the street café.
d. If
the applicant for a street café permit holds both a license as a restaurant-bar
under Chapter 10 of the Code and a street café permit for the location, and
wishes to apply for a license as a restaurant bar in the street café,
requirements of section 10-214 shall not apply. All other permitting
applications will still apply for use of the street café as a permitted area,
pursuant to Section 64-164.
(e) Conduct
of street café permit holder. Street café permittees shall comply with all
of the following conditions:
(1) Street
cafes must at all times adhere the city’s parklet and street café design
standards which shall be provided by the director upon request.
(2) The
permittee shall properly supervise and maintain the street café in a clean,
orderly, and safe condition and in such a manner as to protect the public
health and safety. The permittee shall prevent the accumulation, blowing, and
scattering, of trash, garbage, or any other such debris caused by use of the
street café and shall maintain its own trash containers upon the street café
for disposal of any debris. All tables, chairs, umbrellas, and any other
objects utilized in the street café shall be maintained with a clean and
attractive appearance and shall be in good repair at all times.
(3) Street
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 public
works, other city employees, and the public.
(4) The
permittee shall designate with signage the hours during which the street café
is to be operated. At all other times, the street café shall be made available
for public use.
(5) Permittee
shall ensure the street café and its furnishings in no way interfere with
pedestrian, bicycle, or automobile traffic within the sidewalk, street, or
bicycle facilities including the parking of vehicles in adjacent parking
spaces.
(6) No
smoking shall be allowed in the street café. Alcohol or liquor shall not be
consumed within the street café without proper licensure. The hours of outdoor
liquor sales shall be allowed as authorized in chapter 10 of the code.
(7) Permittee
shall not erect, attach, or affix any permanent fixture upon the public
right-of-way, even within the street café.
(8) No
furnishings or any parts of the street café shall be attached, chained, or in
any manner affixed to any tree, post, signs, sidewalk, streetlight, fire
hydrant, or other public fixture within or near the street café.
(9) The
permittee shall not be permitted to use or operate any public address system,
or amplified music before 9:00 a.m. and after 10:00 p.m.
(10) The
permittee shall comply with all applicable laws, including the Americans with
Disabilities Act.
(11) The
permit area may not be used for the storage of any items other than seating,
landscaping, signs, or lighting.
(12) The
street café and any furnishings shall only be placed in front of the business
holding a street café permit and shall not extend to public right-of-way
abutting and adjacent to other properties. Notwithstanding the foregoing, the
street café and its furnishings may be placed in front of a property
immediately abutting and immediately adjacent to the business holding the
street café permit if the owner of record of the affected property consents in
writing in a form approved by the director of public works; a property shall
not be deemed to be immediately abutting and immediately adjacent if separated
from the business holding the street café permit by a street or alley.
(f) Renewal.
Street café permits shall be granted on an annual basis. All street café
permits may be renewed upon request by the permittee and upon approval by the
director thirty (30) days prior to the expiration of the permit. The term for
the renewal shall also be one year. Upon a request for renewal, the permittee
shall demonstrate that they have adhered to the provisions of this section as
well as the city’s parklet and street café design standards. The director may
inspect the street café at any time.
(g) Fees.
The director shall have the authority to set fees to defray the various costs
incurred by the city in establishing and regulating street cafes, including
loss of value to the city in utilizing such spaces for no-street parking. Those
fees shall include an application fee and an annual license fee. The fees shall
be determined annually by the director, and shall be made available to any
permittee seeking to establish a street café.
(h) Revocation.
Any permit issued hereunder may be suspended or revoked for any reason that
would justify a refusal to issue the permit originally or by reason of any
failure by the permittee to comply with the provisions of this code, or any
condition imposed by the director upon the issuance of the permit. The street
café permit may also be suspended if the location of the street café is necessary
for city use, including for use by a utility with the right to access the
city’s right-of-way. Unless there is an emergency which threatens the health
and safety of city residents and visitors or a need for access from a utility
utilizing city right-of-way, the permittee is entitled to a minimum of one
week’s advance notice of the city’s intent to temporarily suspend, or a minimum
of 30 days’ advance notice to revoke a street café permit. The cost of removing
the street café will be borne solely by the permittee. No advance warning is
required in the case of an emergency which threatens the health and safety of
city residents and visitors or a need for access from a utility. Should the
permittee fail to remove the street café, the director of public works may
remove the street café and assess cost of the removal to the permittee.
(i) Penalties.
A permittee operating a street café who violates or fails to comply with any of
the provisions of this section shall be subject to a fine of triple the amount of
the application fee for every day of non-compliance.
_____________________________________________
Approved
as to form and legality:
___________________________________
Dustin
E. Johnson
Assistant
City Attorney