Section 16.50.370 Sidewalk Café Sections: 16.50.370.1 Generally 16.50.370.2 Declarations 16.50.370.3 Definitions 16.50.370.4 Permit Required 16.50.370.5 Application, Permit and Fee 16.50.370.6 Liability and Insurance 16.50.370.7 Standards and Criteria for Application Review 16.50.370.8 Conditions of sidewalk café permit 16.50.370.9 Graphic 16.50.370.1 Generally Sidewalk dining that is compatible with other uses of the public sidewalk is encouraged. The City finds that sidewalk cafes encourage a pedestrian-oriented environment, help to create a visually attractive atmosphere and streetscape, and promote overall commerce. Display and sale of merchandise upon any portion of the right of way adjacent to a retail business is regulated by the Sidewalk Retail Display Section. 16.50.370.2 Declarations In adopting these regulations, the City Council has found and declared that: 1. There exists the need for outdoor eating establishments in certain pedestrian oriented areas of the City to provide a unique environment for relaxation and food consumption. 2. Because of the high intensity of development in certain commercial corridors and the City downtown, the lack of adequate vacant land and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for outdoor dining to be located on sidewalks in the public right-of-way. 3. The existence of sidewalk cafés encourages additional pedestrian traffic to these areas and encourages more downtown activity and redevelopment. 4. The presence of sidewalk cafés may impede the flow of pedestrian traffic. 5. There is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate a safe environment. 6. The establishment of permit conditions, specific location requirements and safety standards for sidewalk cafés is necessary to protect and promote the general health, safety, and welfare of the residents of the City. 7. The issuance of a sidewalk café permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein. 16.50.370.3 Definitions A. Sidewalk means that portion of a public street right-of-way between the curb line or the edge of the pavement of a street and the adjacent property line which is improved for use by pedestrians. 1 EFFECTIVE DATE
B. Sidewalk cafe means a use located on a sidewalk which is associated with a business establishment which serves or sells food including beverage products and is located in the abutting building. Sidewalk cafes are characterized by tables and chairs and may be shaded by awnings, canopies or umbrellas. C. Sidewalk cafe area means the area calculated by multiplying the frontage of that portion of the property or building containing the business establishment by the width of the sidewalk, less the area reserved for the unobstructed pedestrian walkway or the area approved by the City for the use as a sidewalk cafe. E. Traditional design building means a building that has the following characteristics: (1) the majority of the building facade adjacent to the street where the sidewalk cafe area is proposed is located not more than ten feet from the property line and (2) more than half of the frontage of the building adjacent to the sidewalk cafe area contains large display windows at the ground floor level. 16.50.370.4 Permit Required It shall be unlawful for any person to operate a sidewalk café or install or place any sidewalk café facilities on any sidewalk or public right-of-way without a permit as provided by this section. Receipt of a sidewalk café permit shall exempt the permittee from obtaining a "minor easement" from the City for any fixture or structure approved by the permit. A sidewalk café permit shall be a license to use the sidewalk and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk or right-of-way. 16.50.370.5 Application, Permit and Fee For procedures, see Applications and Procedures Section. 16.50.370.6 Liability and Insurance A. By applying for a sidewalk café permit, any person owning or operating such use agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may rise out of such activity. The owner or operator shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney. B. The owner or operator shall acquire and keep in full force and effect, at its own expense, insurance in the following amounts and types: 1. Commercial general liability in the amount of at least $500,000 per occurrence for bodily injury and property damage. The City shall be named as an additional insured on this policy and an endorsement must be issued as part of the policy evidencing compliance with this requirement. 2. Workers' compensation and employers' liability as required by the State of Florida. 3. All policies must be issued by companies authorized to do business in the State of Florida and rated B+; VI or better per Best's Key Rating Guide, latest edition. 4. The City shall receive at least thirty (30) days written notice prior to any cancellation, nonrenewal or material change in the coverage provided. 2 EFFECTIVE DATE
5. Any person operating a sidewalk café shall provide, and must have approved by the City's Risk Manager, an original certificate of insurance as evidence that the above requirements have been met prior to the initiation of the sidewalk café. Failure to comply with all these requirements shall cause a suspension or revocation of all sidewalk café activities. 6. The insurance policy shall be in effect from October 1 until September 30 of the following calendar year. 16.50.370.7 Standards and Criteria for Application Review The following standards and criteria shall be applied in reviewing an application: 1. A permit shall be issued only to a person who has paid the business tax for a business establishment and who wishes to provide tables and chairs on the sidewalk(s) abutting such establishment for use by the general public. 2. Sidewalk cafés are restricted to the sidewalk frontage of the abutting business establishment to which a permit has been issued. 3. In the event the sidewalk café area of the permit extends to a sidewalk in front of another space in the same building or an adjacent property, the permittee must obtain written permission from the owners and tenants (if any) of the building or space abutting the additional sidewalk frontage and such approval must not have been revoked or suspended. 4. Sidewalk cafés shall be located on sidewalks which are at least ten feet in width. Sidewalks less than 10 feet but more than eight (8) feet in width may be considered for sidewalk cafés provided the public safety issues created by the narrower width, including but not limited to sidewalk surface and separation of pedestrians from vehicular traffic, are adequately addressed. Variances from this requirement shall not be granted. 5. Sidewalk cafés shall be located in a manner that promotes efficient and direct pedestrian movement: a. A minimum of one (1) unobstructed pedestrian path at least six (6) feet wide shall be maintained, parallel to the abutting business, at all times. b. A minimum of one (1) unobstructed pedestrian path at least 42 inches wide shall be maintained to connect the sidewalk to the curb line of the adjacent street. c. Unobstructed passage shall be provided to building entrances which shall include at least a two (2) foot clearance on each side of any entrance. d. A minimum setback of at least four (4) feet from the curb line shall be provided to maintain adequate space for pedestrian access to motor vehicles. e. In areas of congested pedestrian activity the POD may require a wider pedestrian path. 6. The perimeter around the sidewalk café area may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. The anchoring of tables, chairs, umbrellas, awnings, canopies, railings or other fixtures may be approved by the POD provided such anchoring meets all other applicable codes, ordinances and laws and the permittee provides adequate assurances that the sidewalk 3 EFFECTIVE DATE
will be repaired in a manner consistent with City requirements concerning sidewalk repair in the event any anchored fixture is removed. The POD may require that any fixture not anchored be removed from the sidewalk café area during any time when the sidewalk café or abutting business establishment is not open for business. 7. Tables, chairs, umbrellas, canopies, awnings and any other fixtures shall be of uniform design and shall be made of quality materials and workmanship to ensure the safety and convenience of users and to enhance the visual quality of the urban environment. Design, materials and colors shall be compatible with the abutting building for all locations, the Plaza Parkway Design Manual for locations in the DC Districts and the Grand Central District Streetscape Plan for locations in the CCT-2 District and must be approved by the POD prior to the issuance and renewal of the permit. 8. In the CCT-2 and DC districts, no part of the sidewalk café area is permitted beyond the building edge or property line at a street intersection. In the CCT and CCS districts, no part of the sidewalk café area is permitted within the visibility triangle. 9. The permit applies only to the sidewalk café area, related uses on private property are governed by other regulations. 16.50.370.8 Conditions of sidewalk café permit. Sidewalk cafés permitted under this section shall be subject to the following conditions: 1. The permit shall be personal to the permittee and shall be transferable only with the prior written approval of the POD. 2. The POD may require the temporary removal of a sidewalk café by the permittee when street, sidewalk, or utility repairs necessitate such action or when it is necessary to clear sidewalks for a parade permit or other permit issued by the POD. The permittee shall not be entitled to any refund for such removal. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. 3. The City may cause the immediate removal or relocation of all or any part of the sidewalk café in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk café fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk café fixtures. 4. The sidewalk café shall be specifically limited to the area shown in the permit. 5. The sidewalk café shall be open for use by the general public and such use may be restricted to patrons of the permittee only during the hours of operation of the sidewalk café. 6. Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk café shall be maintained with a clean and attractive appearance and shall be in good repair at all times. 7. Tables, chairs, awnings, canopies, umbrellas and any other decorative material shall be fire-retardant or manufactured of fire resistant material. 8. No tables, chairs or other fixtures used in connection with a sidewalk café shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture. 4 EFFECTIVE DATE
9. The sidewalk café area including the area extending from the sidewalk café area to the street and five (5) feet beyond either end, shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day. 10. No additional outdoor seating authorized herein shall be used for calculating seating requirements pertaining to the location of, applications for, or issuance of a liquor license for any establishment nor shall the additional seats be used to claim any exemption from any other requirements of any city, county or state codes, ordinances or laws. 11. The opening and closing hours of sidewalk cafés shall not extend beyond the hours of operation for the abutting business establishment holding the sidewalk café permit. The City may restrict the hours of operation for sidewalk cafés abutting residential uses. 12. The permittee shall notify the City, in writing, when operation of a sidewalk café begins. The notice shall be delivered to the City within 24 hours of such commencement. 13. No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage, cooling or refrigeration or other equipment located in the sidewalk café area. 14. The permittee is responsible for the repair of any damage to the sidewalk caused by the sidewalk café use, including damage caused by a patron. 15. Any table or chair shall not be placed within four (4) feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows nor within two (2) feet of any building entrances and/or exits. 16. Signs are prohibited outside the sidewalk café area. 17. Not more than one (1) menuboard shall be allowed for each sidewalk café. The menuboard shall not exceed four (4) square feet. The menuboard shall be attached to the abutting building or other location approved by the POD and must be in compliance with City Codes. All signage, including the menuboard and signage on awnings, canopies and umbrellas and other fixtures, must be in compliance with City codes regulating signage. 18. Businesses which serve alcoholic beverages at the sidewalk café shall also meet the following requirements: a. The business shall hold a current liquor license from the State. b. Containers used for dispensing alcoholic beverages shall be kept inside the business. c. All alcoholic beverage service providers shall also provide food service in the sidewalk café. 16.50.370.9 Graphic 5 EFFECTIVE DATE
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