KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 110526 Introduction Date: 7/14/2011
Type: Ordinance Effective Date: 7/31/2011
Sponsor: COUNCILMEMBERS JAMES, JR., MARCASON, TAYLOR, SHARP, DAVIS, BROOKS, FORD, GLOVER, CURLS, WAGNER, CIRCO AND REED
Title: 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.

Legislation History
DateMinutesDescription
7/13/2011 Filed by the Clerk's office
7/14/2011 Referred to Planning, Zoning & Economic Development Committee
7/20/2011 Advance and Do Pass as a Committee Substitute, Debate
7/21/2011 Passed as Substituted

View Attachments
FileTypeSizeDescription
110526.pdf Authenticated 123K passes copy
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=110526 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=110526
110526com.docx Advertise Notice 22K compared version
fact sheet.docx Advertise Notice 24K fact sheet

Printer Friendly Version

COMMITTEE SUBSTITUTE 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 KANSAS CITY:

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.

3201.5.4 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.

Authorization 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.

 

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 section 3202.

 

6. Footings 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.

 

9. Sidewalk 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 follows:

 

Sec. 64-164. 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 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 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 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.

 

(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.

 

(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 anytime and for any reason by ordinance or regulation of the director of neighborhood and community services.

 

(c) Application 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 the director.

 

(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 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.

 

(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.

 

(d) Conduct 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.

 

(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 (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