§ 16-402. Outdoor sales and display areas.

An applicant wishing to display and sell edible items, wares, goods, or merchandise may do so on a public sidewalk, but only if all of the following conditions are met:

(1)

The applicant pays an annual permit fee set by resolution of city council to the city and obtains an annual permit from the clerk to operate an outdoor sales and display area.

(2)

The location of the tables, bins, and other appurtenances comprising the outdoor sales and display area are indicated on a plot site plan (PSP) per the requirement of subsection 28-111(c)(1)a. of this Code. The PSP must indicate the following:

(a)

The tables, bins, and other appurtenances comprising the outdoor sales and display area are placed adjacent to a building containing a retail business owned or leased by the person operating the outdoor sales and display area.

(b)

The tables, bins, and other appurtenances comprising the outdoor sales and display area are placed in a way that:

i.

A clear pathway at least five (5) feet in width—free of street trees, street furniture, signs, and other obstructions—is maintained along the sidewalk, and

ii.

Ingress or egress from any building or driveway is not blocked.

(c)

Any temporary fencing (see subsection 28-111(d)(4)a. of this Code).

(3)

The tables, bins, and other appurtenances comprising the outdoor sales and display area are not permanently anchored to the sidewalk in any way.

(4)

The applicant has provided the city with a certificate of insurance which shows that it is in effect during the entire period of the proposed activities with a minimal amount of one million dollars ($1,000,000.00) bodily injury protection per incident and one million dollars ($1,000,000.00) property damage protection per incident with a product liability rider in the minimum amount of one million dollars ($1,000,000.00) per incident, such certificate to list the city as an additional insured.

(5)

The operation of the outdoor sales and display area occurs only during the normal business hours of the retail business within the building owned or leased by the person operating the outdoor sales and display area.

(6)

The applicant has obtained all required liquor control commission permits and state and city licenses and is otherwise in compliance with all rules and regulations pertaining thereto. The patrons and the employees of an outdoor sales and display area authorized to vend alcoholic beverages by the liquor control commission shall not be deemed to be in violation of chapter 3 of this Code.

(7)

No entertainment or extension of entertainment by loudspeaker or otherwise is permitted outside of the building containing the retail business owned or leased by the person operating outdoor sales and display area.

(8)

The area in and about the outdoor sales and display area is kept free of debris and litter.

(Ord. No. 2013-18, § 2, 8-13-13, eff. 9-12-13)