Chapter 5.10
SIDEWALK CAFES
Sections:
5.10.040 Application and permit fees.
5.10.070 Location rules and review criteria.
5.10.080 Liability and insurance.
5.10.090 Forms and conditions of permit.
5.10.100 Denial, revocation, or suspension of permit.
5.10.010 Purpose.
The purpose of this chapter is to permit and encourage sidewalk dining that is compatible with other uses of the public sidewalk. The city finds that sidewalk cafes encourage a pedestrian-oriented environment, help to create a visually attractive atmosphere and streetscape, and promote overall commerce. (Ord. 1978 §1 Exh. A(part), 2013).
5.10.020 Permit required.
Private commercial use of public sidewalks for the purpose of operating a sidewalk cafe in the city is prohibited unless a permit is obtained from the community development department as provided in this chapter. (Ord. 1978 §1 Exh. A(part), 2013).
5.10.030 Definitions.
A. “Abutting property owners and occupants” means any owner or occupant of property which abuts the subject sidewalk cafe site excluding public right-of-way.
B. “Adjacent sidewalk area” means that portion of the public sidewalk between the curb line and the property line demarcated by extending the side building lines of the premises until they intersect the curb.
C. “Operate a sidewalk cafe” means serving food or beverage from a restaurant to patrons seated at tables located within the adjacent sidewalk area, including, in the case of a permittee in possession of a valid license for the sale of alcohol beverages covering such sidewalk, the service of such beverages, or providing seating for patrons in the adjacent sidewalk area. (Ord. 1978 §1 Exh. A(part), 2013).
5.10.040 Application and permit fees.
The application and annual permit fees shall be established by resolution of the city council and adjusted annually by the CPI for the previous calendar year. (Ord. 1978 §1 Exh. A(part), 2013).
5.10.050 Permit application.
A. Application for a permit to operate a sidewalk cafe shall be made at the community development department on a form provided. The request for permit shall minimally contain:
1. A completed application;
2. A scale diagram of the area for sidewalk cafe use, with dimensions shown;
3. A certificate of insurance and endorsement form; and
4. The location and description of the tables and materials requested to be in the right-of-way.
B. Other information shall be provided as required by the community development director to carry out the purpose of this chapter. (Ord. 1978 §1 Exh. A(part), 2013).
5.10.060 Notice required.
Prior to rendering a decision, the community development director shall mail abutting property owners and occupants notice that an application for a sidewalk cafe has been filed. The notice shall contain a copy of the diagram submitted by the applicant, state whether or not the business is licensed to serve alcoholic beverages which may be served and consumed at the sidewalk cafe if the permit is granted, and state that all comments concerning the proposed sidewalk cafe must be received by the community development department within fifteen calendar days from the date of mailing the notice. The applicant shall also be required to post a copy of the public notice in a readily visible location on the frontage of the applying business establishment for fifteen calendar days. (Ord. 1978 §1 Exh. A(part), 2013).
5.10.070 Location rules and review criteria.
A. The community development director shall consult with the public works director and the two shall review the application for its compliance with the following criteria:
1. The operation of a sidewalk cafe is limited to structures which are sited within ten feet of a public sidewalk, and which are located in one of the following zoning districts: TOD-EC (employment commercial), TOD G-C (general commercial), or C-4 (tourist and office professional).
2. The operation of the sidewalk cafe shall be such that there is at least six feet from the outermost edge of the sidewalk cafe to the street curb, that also includes a minimum of five feet clear and unobstructed passageway between the sidewalk cafe tables, chairs and barriers and street trees, bike racks, lamp posts, sign posts, and any other fixtures or obstructions. The community development director may require increased clearance distances if necessary to protect the public safety. The director may also reduce these requirements where unusual circumstances exist and where public safety would not be jeopardized.
3. The sidewalk cafe may only be located in the adjacent sidewalk area to the applicant’s business, but may extend in front of adjacent businesses with the written consent of both the property owner and the business owner, subject to review by the community development director.
4. The sidewalk cafe shall be located five feet from driveways and alleys, and ten feet from intersections. These requirements may be modified by the community development director where unusual circumstances exist and where public safety would not be jeopardized.
5. The location of the sidewalk cafe shall be as approved by the community development director.
B. The community development director shall forward all applications for review by the police chief for any business who holds a valid liquor license, or in which alcoholic beverages are intended to be served.
1. The police chief upon review of the application will sign the application for concurrence with granting the permit; or
2. Submit a memorandum of concerns to the public works director for consideration.
C. The community development director shall determine the zoning of the request, and decide whether the proposed use is in conformance with the requirements of the land use ordinance. (Ord. 1978 §1 Exh. A(part), 2013).
5.10.080 Liability and insurance.
Prior to the issuance of a permit, the permittee shall:
A. Furnish a signed statement, with the application, that the permittee shall defend, indemnify and hold harmless the city, its officers and employees from any claims for damages to property or injury to persons which may occur in connection with an activity carried on under the terms of the permit.
B. Furnish and maintain such public liability, food products liability, liquor liability and property damages insurance as will protect permittee and city from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than the amount of municipal tort liability under the Oregon Tort Claims Act. Such insurance shall be without prejudice to coverage otherwise existing, and shall name the city, its officers and employees as additional insureds, and shall further provide that the policy shall not terminate or be canceled prior to the expiration of the permit without thirty days’ written notice to the city. (Ord. 1978 §1 Exh. A(part), 2013).
5.10.090 Forms and conditions of permit.
A. Requirements for All Sidewalk Cafes.
1. Each permit issued shall terminate December 31st of the year in which it is issued. Requests for renewals shall be filed with the community development department. The community development director may approve, approve with additional conditions, or deny the request for renewal. No application fee shall be required for renewals. An annual permit fee based on the number of seats authorized is due at the time of the initial application and each renewal.
2. The permit issued shall be personal to the permittee only and is not transferable in any manner.
3. The permit may be temporarily suspended by the community development director if the public interest requires use of the right-of-way for a public event, construction, repair, or any other purpose.
4. The permit is specifically limited to the area approved or as modified by the community development director, and will include a diagram indicating the area approved for the sidewalk cafe and the location of the tables and materials permitted to be in the right-of-way.
5. The operation of the sidewalk cafe shall be such that there is at least six feet from the outermost edge of the sidewalk cafe to the street curb, that also includes a minimum of five feet clear and unobstructed passageway between the sidewalk cafe tables, chairs and barriers and street trees, bike racks, lamp posts, sign posts, and any other fixtures or obstructions. The community development director may require increased clearance distances if necessary to protect the public safety. The director may also reduce these requirements where unusual circumstances exist and where public safety would not be jeopardized.
6. The sidewalk and all things placed there shall at all times be maintained in a clean and orderly condition. Only those things authorized by the permit and shown on the diagram may be stored in the public right-of-way when the sidewalk cafe is not in operation. Should the permittee not utilize the sidewalk as authorized for a period of forty-eight hours or more, all the tables and materials shall be removed therefrom.
7. The operation of a sidewalk cafe requires that trash containers be provided on site.
8. All required building modifications or parking improvements shall be completed prior to the commencement of the operation of the sidewalk cafe.
9. No signs shall be attached to any furniture, umbrellas, awnings, or other structure related to the operation of the sidewalk cafe.
10. Smoking shall not be allowed in approved sidewalk cafe areas.
11. Sidewalk cafes shall be continuously supervised by employees of the establishment.
12. Sidewalk cafes shall meet all requirements of the Jackson County health department.
13. Tables, chairs, and other structures associated with the sidewalk cafe shall be kept free of litter and other debris at all times.
14. Sidewalk cafes and adjoining sidewalks shall remain clear of litter, food scraps, and soiled dishes at all times. Where establishments provide take-out or self-service, an adequate number of employees must be maintained to clear sidewalk cafes on a regular basis. Sidewalk and flooring areas must be cleaned daily, including adjacent sidewalk areas.
15. The sidewalk cafe permit must be visibly displayed during business hours.
16. The city of Central Point has the right to repeal or amend this chapter and thereby terminate or modify all sidewalk cafe operations. No permittee shall obtain any property right in the continued private commercial use of the public sidewalk.
B. Businesses which intend to serve alcoholic beverages at the sidewalk cafe must meet the following additional requirements:
1. The business shall hold a valid Oregon Liquor Control Commission liquor license.
2. Storage of containers commonly used for dispensing alcoholic beverages to customers including but not limited to bottles, pitchers, and carafes must be kept inside the business unless an employee is stationed in the outside area at all times. No taps, kegs, coolers, or other alcoholic beverage storage devices are allowed outside on the sidewalk.
3. Sidewalk cafes where alcoholic beverages are served and consumed require supervision by employees of the licensed business, as required by the Oregon Liquor Control Commission liquor license.
4. All service and consumption of alcoholic beverages at sidewalk cafes shall discontinue by eleven p.m.
5. All alcoholic beverage service providers must also provide food service in the licensed area. (Ord. 1978 §1 Exh. A(part), 2013).
5.10.100 Denial, revocation, or suspension of permit.
A. The community development director may deny, revoke, or suspend the permit upon finding that any provision of this chapter or condition of approval will be or has been violated.
B. Upon denial, revocation, or suspension the community development director shall give notice of such action to the applicant or permittee in writing stating the action which has been taken and the reason therefor. The action shall be effective immediately, but the applicant or permittee may make written request, within ten calendar days after the notice is issued, for a hearing by the city council. Upon hearing the matter, the city council shall render a final decision concerning the permit. (Ord. 1978 §1 Exh. A(part), 2013).
5.10.110 Penalties.
Any violation of this chapter shall be an infraction as defined by Section 1.16.010 and punishable by a fine as set forth in that section. The city manager or his designee is authorized to issue a citation to any person violating the provisions of this chapter. After two infractions, the sidewalk cafe permit shall be revoked for a period of at least one year. (Ord. 1978 §1 Exh. A(part), 2013).