HomeMy WebLinkAbout05829As Amended 9/27/93
ORDINANCE NO. 5829
AN ORDINANCE AMENDING CHAPTER 10 OF TITLE IX
OF THE 1971 CODE OF ORDINANCES RELATING TO
REVOCABLE PERMITS FOR SIDEWALK CAFES AND
PROVIDING PENALTIES FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
(Brackets indicate material being deleted; underscoring indicates
new material being added.)
SFnTTnN 1_
The Council finds and determines: that there has been and
continues to be interest in the community for outdoor dining at
sidewalk cafes; that pursuant to Section 16 -9 of the Charter the
City Council has authority to grant revocable permits for persons
to operate such cafes; that the secondary use of public sidewalks
and other public rights of way must nevertheless remain subject
and subservient to the primary use of sidewalks and rights of way
for pedestrian and vehicular travel; that protection of the public
health and safety requires that persons granted special privileges
to use the sidewalks and rights of way must conform to reasonable
standards and restrictions; that Council should adopt an ordinance
establishing such standards and restrictions as well as procedures
for the issuance of such revocable permits; that persons deriving
prof its from the temporary use of public sidewalks and rights of
way should compensate the public for such special privilege; and
that this ordinance is intended to strike a reasonable accommoda-
tion of interests in and to public sidewalks and right of way,
establish standards and criteria for the issuance of revocable
permits therefor, and provide for compensation to the public for
the value of private privileges temporarily conferred.
SECTION 2.
Chapter 10 of Title IX of the 1971 Code of Ordinances, as
amended, is hereby amended by the addition thereto of a new
section 9 -10 -84 to read as follows:
9- 10 -84: SIDE WALK CAFES; PERMITS; REQUIREMENTS; PENALTIES
(a) It shall be unlawful and a municipal offense for
any person to sell or offer to sell any food, fruit or drink
upon any street, alley, sidewalk or other public right of
_way, unless a revocable permit has been obtained therefor in
accordance with this section or section 9 -10 -83 of this
Chapter; and it shall be unlawful and a municipal offense for
any person to whom a revocable permit has been issued
pursuant to this section to violate any term or condition of
such permit, or to violate any of the sidewalk cafe operating
requirements set forth in this section.
(b) As used in this section, the term:
(1 ) "Owner" shall mean any one or more of the
owners of real property or the lessee of real prop
operating in accordance with the provisions of his lease
and with the consent of the lessor.
(2) "Responsible party" shall mean any person
selected or designated by the Permittee as being on site
and responsible for all activities conducted pursuant to
the Permit during all hours when a sidewalk cafe is
_being operated including pre-operation set-up and post-
operation clean-up, and including, without limitation,
any manager, supervisor, chef, head waitperson or
similar lead worker.
(3) "Fixtures" shall mean all tables, chairs,
equipment, plates, tableware, glassware, furniture,
lamps, ropes, potted plants, trash receptacles, and all
other items used or placed in the public right of way
pursuant to the Permit.
(4) "Permit" shall mean a revocable permit to
conduct a sidewalk cafe issued pursuant to this section.
" Permittee" shall mean the person to whom a Permit has
been issued.
(5) "Adjacent" shall refer to that portion of the
sidewalk or other public right of way immediately adja-
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cent to private property of any Owner which is located
between the lines which would be formed if the side lot
lines of the Owner's property were extended across the
sidewalk or other public right of way in a perpendicular
fashion.
(6) All other words and phrases shall have the
special meanings, if any, ascribed to them in this Title
or Code of Ordinances, or if none, construed accordin
to the rules of grammar and common usaae.
(c) Any person desiring to obtain a Permit shall submit
an application therefor to the City License Officer or his
authorized designee, which shall contain the following
information:
(1) The Applicant's name, address and phone
number; and
(2) The legal description and common address of
the private property and adjacent sidewalk or other
public right of way from which the applicant intends to
conduct a sidewalk cafe; and
the
wil
(3) The name and mailing address of the Owner of
rivate property adjacent to which the sidewalk cafe
be conducted; and
(4) A sketch plan drawn to scale showing the
Owner's property, the sidewalk or public right of way,
and the proposed area of encroachment on the sidewalk or
other public right of way; and
(5) A complete description of the proposed use
including a statement of the sizes and quantity of
tables, chairs and service equipment proposed to be
placed upon the sidewalk or other public right of way;
and
(6) A solid waste control plan specifically
describing all means and methods of control which will
be followed by Applicant to prevent litter or other
solid waste from accumulating upon or emanating from the
private property and adjacent sidewalk or other ublic
right of way where the sidewalk cafe is proposed; and
(7) A fire and life safety emergency plan designed
to insure that public fire lanes are not obstructed and
that adequate access into and egress from the property
is maintained in the event of fire or other emergency;
and
(8) A Certificate of Zoning Compliance indicating
that the conduct of a sidewalk cafe is permitted in the
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zone district in which the private property is located;
and
(9) An acknowledgment by applicant of the required
proof of insurance to be filed before commencing opera-
tion; and
(10) In the event the property is located in a
Historic Business Zone District, a written statement of
comments from the architectural review committee con-
cerning the a2propriateness of the proposed sidewalk
cafe, fixtures and other aspects of use to compatibility
with and the appearance of the District.
(d) Upon submission of the Permit application to the
City License Officer, the License Officer shall review the
application for completeness and either return it to the
applicant with a written statement of what items are incom-
plete or present the completed application to a review
committee composed of the Director of Public Works or his
designee, the Director of Zoning, the Traffic Engineer and
the City License Officer or his designee. Within thirty days
of receipt of the completed application, the review committee
shall review the completed application for conformance with
the sidewalk cafe operating requirements set forth in this
section, zoning requirements, and impact upon pedestrian and
vehicular traffic, and prepare written comments and recommen-
dations to City Council thereon, including without limita-
tion, recommendations concerning the granting or denial of
the Permit and any conditions which should be incorporated
therein. Within 30 days of completion of review, the appli-
cation and comments and recommendations of the review commit-
tee shall be submitted to City Council for consideration. At
that time the Council may grant or deny the Permit, or grant
the Permit with such conditions and limitations as Council
may determine to be in the best interests of the public and
the neiahborhood.
(e) All Permits issued by Council pursuant to this
section shall be subject to the following sidewalk cafe
operating requirements which must be observed by the
Permittee.
(1) Sidewalk cafe activities shall encroach only
upon that area of the sidewalk or other public right of
way adjacent to Owner's property which is authorized by
the Permit, and shall not exceed the number of square
feet of encroachment authorized in the Permit.
(2) The location of sidewalk cafe fixtures and
operation of the sidewalk cafe shall provide for and
maintain on the sidewalk running parallel to the curb a
fou -foot wide minimum clear zone for pedestrian and
wheelc movement.
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(3) The only activities authorized under the Per-
mit are the sale and consumption of food and beverages
No other goods or merchand shall be sold upon the
si vices other
than thos r elated to the serving of food and beverage
be er
(4) The P ermitte e s hall designa a r
pa shal be present on the premises at all times
w hen the sidewalk ca fe i open for business. In addi-
tion _ to_the P ermi tte e, th re spo nsi ble party shall b
per sonally__responsible_ for the sid ewalk cafe's compl
ance_wit_h all Permit condi an d opera
_ _g_ e_
qui_rements_ofthis _section_._
(51 Permi_tte_e_ sha c o in acco -
ance__with the repr made i his app lication s
the__ condit a __ limitation o f the _Per and in ac-
cor_dance h th
wite _waste control and-fi and life saf ety
emergency Plans filed_ with the application.
(_6_)_,_Before commencing any activ whatso un-
der___ the_ P ermit, __Permi_ttee shall secur and maintain i n
efrect_G_ener_alPublic Liab and Property Damage In-
sura_nce issued __to and_con__cernin the __lia o f th e
Permittee w ith respect_to al matters done or pe rfo rm ed
by __him _n the__ public right of w�,_ to be wr itte n o n _a
comprehensive form T his insu shall be written i n
amounts _not less th an __$_1_,000 000 for ea occurrence an d
aq_gre for_ personal i njury including death and bodil
injur _ _and__$1_,_0_0__0,00.0__fo_r__ _e_ach occurrence _ and a
for Property damage. Th pol o f _ insurance shall nam e_
the_Cityof _Pueblo, its agents of and e mploye es
as add insur
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_)__- Att_he end__ of_bu_s eac d all fixtures
and other items u sed in connection with the sid ewalk
cafe shall be removed _from the _ side_ walk or othe pu blic
right of way. _
(8)_ ___ Perm i_t_te-e__shall _pr ovide and m suf f i_-
cient n umber of t rash rec_p with Tit le_
VII of _this _Code _for use _ by Patrons _which shall be
emptied a cleaned on a daily bas is._
(9_)___ Permittee_ - _shall pay an a nnua l fee of _ $50. The
annual fee shall__be_ paid withi 10 d of _the 27 inq
of_- a _ Permit_ by the_ Counci an d thereafter up on_ renewal
Of the Permit said fee be
_paid by- 1 of
each year_.___. Failure __to pa y__an thedeadlines
required-herein . .shall__be - - _ - eemed_to_ be_a surrender__o_f _ the
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revocable permit and all privileges thereunder.
(10) Permittee shall be under a continuing obliga-
tion to observe weather conditions and to undertake
reasonable measures to assure cafe fixtures or other
items do not become a safety hazard due to wind or other
weather conditions.
(11) During the entire period when any authorized
parade is in progress, Permittee shall also comply with
all of the requirements of subsections (2) through (6)
of subparagraph (f) of section 9 -10 -83 of this Chapter.
(f) Every Permit granted pursuant to this section is
and shall remain subject to revocation by Council at its
pleasure. No vested or other right of any kind whatsoever is
intended to be granted or conferred hereby, it being intended
that Permits issued hereunder are pursuant to the authority
of Section 16 -9 of the Charter allowina Permits to be aranted
for temporary purposes.
SECTION 3.
Any person found guilty of violating any provision of this
Ordinance which is declared to be a municipal offense shall be
punished as provided in Section 1 -2 -1 of the 1971 Code of
Ordinances, as amended.
SECTION 4
This Ordinance shall become effective 30 days after final
passage and approval; provided, however, that all persons hereto-
fore issued a revocable permit for activities requiring a permit
under this Ordinance shall have 90 days from the date of final
passage and approval to either come into full compliance with the
requirements of this Ordinance or have such permit revoked
automatically on the 91st day by operation of this Ordinance.
INTRODUCED: September 13, 1993
By SAMUEL CORSENTINO
Councilperson
ATTEST:
Ci y Clerk
APPROVED:
I�zi�- /d
Presi ent of t e City Council
TF 52.27 -7-