Chapter 7.54
USES OF SIDEWALKS – PERMITS
Sections:
7.54.010 Obstructions in right-of-way.
7.54.030 Sidewalk use for merchandise.
7.54.040 Sidewalk cafe permit.
7.54.050 Application for sidewalk cafe permit.
7.54.060 Performance bond, insurance, other requirements.
7.54.070 Conditions of sidewalk cafe permit.
7.54.080 Violation – Criminal penalties.
7.54.010 Obstructions in right-of-way.
It is unlawful for any person to either temporarily or permanently use or utilize any portion of a street right-of-way (whether or not improved and including sidewalk or walkway) for personal use, place of business or other private use, without first obtaining from the city a use permit; provided, however, that this section shall not be construed to prohibit the incorporation of the unused right-of-way portion of an improved street into the landscaping design of the abutting private property except as outlined by this chapter. (Ord. 995 § 2, 1999).
7.54.020 Sidewalk use policy.
It is the policy of the city of Ritzville that sidewalks are primarily to provide safe and convenient pedestrian use by the general public. A limited secondary use may be considered for cafe tables and merchandise, only to the extent that such use promotes and displays the Ritzville business district as a pedestrian and people-oriented area. Use of the sidewalks during special community events will be allowed without application, insurance or fees in accordance with the event coordinator when the event is approved by the city. (Ord. 995 § 2, 1999).
7.54.030 Sidewalk use for merchandise.
A business may use a portion of the sidewalk immediately adjacent to the occupied business frontage to display merchandise for sale during regular business hours. No permit shall be required. A minimum of six feet of the usable portion of the sidewalk will remain open as measured from the curb. (Ord. 995 § 2, 1999).
7.54.040 Sidewalk cafe permit.
A sidewalk cafe permit, allowing a portion of a public sidewalk to be used as a sidewalk cafe, is required for any such private use of a public sidewalk. The city council has authority to issue the permit, provided the criteria set forth in RCC 7.54.020 through 7.54.070, inclusive, are met, and to otherwise deny the permit. (Ord. 995 § 2, 1999).
7.54.050 Application for sidewalk cafe permit.
A. The owner of a cafe or other food service establishment providing on-premises consumption of food or beverage, may apply for a sidewalk cafe permit to use a portion of the public sidewalk abutting such establishment, provided the application includes and provides for the following standards:
1. A minimum of four and one-half feet of the usable portion of the sidewalk will remain open as measured from the curb;
2. The table area will be fenced off from the pedestrian corridor with devices approved by the city;
3. A single opening through the fencing for customer entry;
4. No off-premises advertising signs or display;
5. Applicants to provide one or more approved trash receptacles;
6. The design and character of all street furniture to be subject to approval by the city;
7. The table area limited to the portion of the sidewalk immediately adjacent to the occupied business frontage;
8. Table area to be of sufficient size and configuration to provide internal customer and food service circulation;
9. Any improvements located upon the sidewalk shall be of a temporary nature and only be allowed during normal business hours.
B. The application will be filled out and given to the license, rules and permits committee to review and bring recommendation to the city council once it has been reviewed for compliance with conditions set in this chapter. A permit will be issued upon the passing of the application by the council. The permit will be good for one calendar year. (Ord. 995 § 2, 1999).
7.54.060 Performance bond, insurance, other requirements.
Prior to issuance of the sidewalk cafe permit, the applicant shall file with the city the following:
A. An agreement, approved by the city, wherein the applicant agrees to defend, save, and hold harmless the city of Ritzville;
B. The permittee shall obtain, at its sole expense, comprehensive liability insurance, with limits of not less than $300,000 per occurrence, and shall provide the city with satisfactory proof of continued insurance coverage during the life of the permit. Such insurance shall include the city of Ritzville as an additional named insured;
C. File with the city, on a form approved by the city attorney, a performance bond issued by a surety company licensed to do business in the state of Washington. Such bond shall be in the amount of $1,000 and conditioned upon the permittee’s faithful performance of all conditions and requirements of the permit. (Ord. 995 § 2, 1999).
7.54.070 Conditions of sidewalk cafe permit.
A sidewalk cafe permit, when issued, shall be subject to the following conditions:
A. No alcoholic beverage may be served or consumed within the permit area, except under the following conditions:
1. The fencing required to divide the permitted area from the pedestrian corridor shall be as required by the Washington State Liquor Control Board,
2. Alcoholic beverages may only be served in conjunction with the consumption of meals; alcoholic beverages shall not be carried or taken from the permit area,
3. All Washington State Liquor Control Board regulations, including regulations relating to “extended outside service areas” shall be adhered to,
4. A breach of any of the foregoing conditions shall be grounds for immediate suspension of the permit pursuant to subsection (I) of this section;
B. The entire sidewalk, including both the permit area and the unobstructed pedestrian corridor, plus a distance of 50 feet either side thereof, shall be maintained in a clean and litter-free condition and shall be cleaned by the permittee not less often than once daily;
C. No food preparation shall take place within the permit area;
D. No food service or other activity shall be carried on by the permittee from or within the pedestrian corridor;
E. No product displays shall be placed within the permit area;
F. Trash receptacles shall be cleaned and emptied as required, but not less often than once a day;
G. No animals shall be allowed within the permit area, except guide dogs for the blind and deaf;
H. Any violation of the foregoing conditions shall constitute grounds for immediate revocation of the permit;
I. The city may, and reserves the right to, temporarily or permanently suspend a sidewalk cafe permit during the course of area-wide special events or in the interest of the public health, safety and welfare. (Ord. 995 § 2, 1999).
7.54.080 Violation – Criminal penalties.
Any violation of any section of this chapter is deemed an infraction punishable by a fine of not more than $250.00. Violations of this chapter will be enforced by the police department. (Ord. 995 § 2, 1999).