HomeMy WebLinkAbout1987-3028 SIDEWALK CAFES . -
ORDINANCE NO. 302R
AN ORDINANCE relating to licenses and business regulations; regulating
sidewalk cafes; authorizing issuance of permits and
setting standards therefor; enacting subsection 5.56.050C
as a new subsection; and enaeLing Chapter 5.80 "Sidewalk
Cafes" and Sections 5.80.010, 5.80.020, 5.80.030,
5.80.040, 5.80.050, 5.80.060, 5.80.070 and 5.80.080
thereof as a new chapter, new sections and new
subsections of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY CF MAXIMA:
Section 1. Chapter 5.80 "Sidewalk Cafes", and Sections 5.80.010,
5.80.020, 5.80.030, 5.80.040, 5.80.050, 5.80.060, 5.80.070, 5.80.080 and
5.80.090 thereof, are hereby enacted as a new chapter and new sections
of the City of Yakima Municipal Code and read as follows:
"Chapter 5.80
Sidewalk Cafes
5.80.010 Permit Required. It shall be unlawful to operate a
sidewalk cafe upon any public sidewalk without a written permit to do so
frcm the Code Administration Manager or his designee.
5.80.020 Penult - Application - Fee.
A. The owner or occupier of the property adjacent to a public
sidewalk proposed for a sidewalk cafe may apply, in writing, for a
sidewalk cafe permit to the Code Administration Manager or his designee.
Such person shall provide the following information on an application
furnished by the Code Administration Manager or his designee:
(1) Name and address of applicant;
(2) Scale drawing together with the address of proposed site of
sidewalk cafe, including the number of tables and chairs;
(3) Kind of business applicant orates on the adjacent property;
(4) Schedule of days and hours of operation;
(5) Proof of necessary permits in the operation of a, food service
establishment;
(6) Whether an applicant plans to serve liquor within the proposed
O sidewalk cafe.
B. At the time of application, the applicant shall pay a
non-refundable fifty dollar ($50.00) permit fee.
5.80.030 Permit Issuance. The Code Administration Manager or his
designee shall issue a Sidewalk Cafe Permit if he finds the info/Hilt/on
on the application true and correct, the applicant is otherwise in
LEGAL Q1
canpliance with this Chapter and the applicant agrees to any conditions
on such permit.
The Code Administration Manager or his designee may condition the
issuance of such permit on any or all of the following factors in the
interest of public health, safety and morals:
(1) dates and hours of operation;
(2) number and placement of chairs, tables and barriers;
(3) periodic cleaning of sidewalk area;
(4) accanmodaticms of access and deliveries to other businesses;
(5) lighting and illumination.
Nothing in this Chapter shall be construed to allow a sidewalk cafe
%here it is not otherwise allowed by law.
5.80.040. Annual Renewal - Non-transferable. A sidewalk cafe
permit shall expire one year after its issuance. It shall be
non-transferable.
5.80.050. Indemnity. Prior to the issuance of any permit, the
applicant for a sidewalk cafe shall exe(Jute and deliver to the City upon
a form supplied by the Code Administration Manager an agreenent in
writing and acknowledged by the applicant forever to defend, indemnify
and hold harmless the City and its employees and agents from any and all
claims, actions or damages of every kind and description which may
accrue to, or be suffered by, any persons by-reason of or related to the
operation of such sidewalk cafe. In addition, such agreement shall
contain a provision that the permit is wholly of a temporary nature and
that it vests no permanent right uhatsoever.
5.80.060. Liability insurance required. Prior to the issuance of
any permit, the applicant shall file with the Code Administration
Manager evidence of comprehensive public liability insurance. The
limits of such policy shall be not less than one hundred thousand
dollars for each incident of personal injury or death, three hundred
thousand dol lars aggregate coverage for any single accident or
occurrence, and fifty thousand dollars property damage coverage. The
City of Yakima shall be an additional insired party on such policy.
Such policy shall insure against liability from injury or damage
resulting from applicant's occupancy of or activities on public
right-of-way under the pennit to be issued. Such insurance shall he
maintained in effect during the term of the permit.
tEL Q2
5.80.070 Revocation of permits - appeal.
A. The Code Administration Manager may revoke any permit issued
under this chapter. Upon revocation, he shall give written notice to
the permit holder that such permit is revoked. Such notice shall be
given not less than thirty days prior to the effective date of
• revocation specified in such notice. The notice shall be in writing and
state the reason for revocation and shall be personally delivered to the
permit holder or mailed to the permit holder at his address specified in
the application.
B. Prior to the effective date of the revocation, the permit
holder may appeal such revocation to the City Manager in writing. Such
appeal shall be deemed waived unless it is made within the time and
manner described in this section. Upon receipt of a timely appeal, the
City Manager shall hold a hearing, after written notice to the permit
holder of the time, date and place of such hearing. Be shall determine
if there was adequate cause for revocation. Pending hearing, such
permit shall remain in effect.
If the Code Administration Manager finds that continued operation
of a sidewalk cafe is unsafe or dangerous he may, in conjunction with
such revocation, require the permit holder to cease all sidewalk cafe
operations immediately and remove all furniture barriers from the
sidewalk area covered by the sidewalk cafe permit.
5.80.080. Unlawful Actions.
A. It is unlawful for a permit holder to fail to maintain the
sidewalk area of a sidewalk cafe free of litter.
B. It is unlawful for a permit holder to fail to provide a
pedestrian walking space immediately adjacent to the sidewalk :cafe area
of one-half of the width of the total sidewalk area used for a sidewalk
cafe.
C. It is unlawful for the permit applicant to furnish false
information on a permit application for a sidewalk cafe permit.
D. It is unlawful for a permit holder to fail to comply with any
term or condition of a sidewalk cafe permit.
5.80.090 Nuisance. It shall be a public nuisance to operate or
maintain a sidewalk cafe on the public right-of-way without a permit
issued under this chapter. In cases of such public nuisance, the City
may prosecute an action in the Superior COurt for Yakima County for
abatement, injunction or other appropriate remedy."
LEGAL Q3
Section 2. Subsection 5.56.050 C is hereby enacted as a new
subsection of the City of Yakima Municipal Code to read as fol lows :
"5.56.060 Exemptions.
C. Sidewalk Cafes. The provisions of this Chapter shall not •
apply to sidewalk cafes operating with a lawfully issued permit under
Chapter 5.80 of the City of Yakima Municipal Code."
Section 3. This ordinance shall be in full force and effect thirty
days after its passage, approval and publication as provided by law and
by the City Charter.
PASSED BY THE CITY OOUNCIL, signed and approved this 7th day of
July, 1987.
�� lr
MAYS
ATTEST:
r �
CITY CLERK
Publication Date: 07/10/87
Effective Late: 08/09/87
•