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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- -2- 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 -3- 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. -4- (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 �7_ _ _)__- 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 -5- 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-