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Legislation #: 170918 Introduction Date: 11/9/2017
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER JUSTUS
Title: Amending Chapter 64, Streets, Sidewalks, and Public Places, by repealing Section 64-168 and enacting in lieu thereof a new section of like number and subject matter which will allow a retail sales-by-drink business that is not a restaurant to also have a sidewalk café permit, will provide for an annual license instead of a calendar year license, and will clarify the fee is not for the inspection; and amending Chapter 18,  Buildings and Building Regulations, by repealing Subsection 18-25(e) and enacting in lieu thereof a new subsection of like number and subject matter which corrects its reference to the Sidewalk Café Ordinance number.

Legislation History
DateMinutesDescription
11/9/2017 Filed by the Clerk's office
11/9/2017 Referred to Neighborhoods and Public Safety Committee
11/29/2017 Advance and Do Pass as a Committee Substitute, Debate
11/30/2017 Passed as Substituted

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fact sheet.pdf Fact Sheet 36K 170918 Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170918

 

Amending Chapter 64, Streets, Sidewalks, and Public Places, by repealing Section 64-168 and enacting in lieu thereof a new section of like number and subject matter which will allow a retail sales-by-drink business that is not a restaurant to also have a sidewalk café permit, will provide for an annual license instead of a calendar year license, and will clarify the fee is not for the inspection; and amending Chapter 18,  Buildings and Building Regulations, by repealing Subsection 18-25(e) and enacting in lieu thereof a new subsection of like number and subject matter which corrects its reference to the Sidewalk Café Ordinance number.

 

WHEREAS, this ordinance provides the ability for any retail sales-by-drink liquor licensed establishment to also obtain a sidewalk café permit as it now is only allowed for restaurants; and

 

WHEREAS, this section change also provides for the permit to begin upon approval of the application rather than January 1 of each year; and

 

WHEREAS, the fee is clarified to be a license fee and not an inspection fee; and

 

WHEREAS, the cross-reference to the Sidewalk Cafe Code section in Chapter 18-25(e) improperly cites Section 64-164, which is its former section number, and this ordinance corrects that cross-reference, NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. 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 replacing it with a new section of like number and title, 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 cafe permit. The director of neighborhoods and housing services is authorized to issue annual sidewalk cafe 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 cafe 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 cafe 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 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 cafe permit issued under this article may not be assigned.

 

(4)  The sidewalk cafe permit shall specify the location of the permit area by address.

 

(5)  The applicant for a sidewalk cafe 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 cafe 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.

 

(b)  Status of permit. A sidewalk cafe 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 of neighborhoods and housing services.

 

(c)  Application for sidewalk cafe permits.

 

(1)               All applications for a sidewalk cafe permit shall be filed with the director of neighborhoods and housing services in a form approved by the director.

 

(2)               As a condition for the issuance of a sidewalk cafe permit, the applicant shall furnish to the director of neighborhoods and housing 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 cafe 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.

 

(4)  As a condition for the issuance of a sidewalk cafe permit, the applicant shall pay fee of $250.00 per year. The amount due shall not be prorated for any partial year.

 

(d)  Conduct of sidewalk cafe 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 cafe 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 neighborhoods and housing services, other city employees, and the public.

 

(2)  No street or alley shall be blocked by tables and chairs placed pursuant to a sidewalk cafe 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 cafe 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 cafe permit if the owner of record of the affected property consents in writing in a form approved by the director of neighborhoods and housing services; a property shall not be deemed to be immediately abutting and immediately adjacent if separated from the business holding the sidewalk cafe 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.

 

Section 2. That Chapter 18, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing subsection 18-25(e), and replacing it with a new subsection of like number, to read as follows:

 

(e) Exceptions to permit requirement. 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 section Article II, section 3202.1.1 of the building code.

 

(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.

 

(9) Sidewalk cafés permitted under Chapter 64, Code of Ordinances.

 

_____________________________________________

 

Approved as to form and legality:

 

 

________________________________

Holly Dodge

Assistant City Attorney