It shall be unlawful for any person to use a City sidewalk described in this ordinance without the required permit.

(a)   Permit application and requirements.

(1)   The owner of the establishment in front of which the sidewalk permit will be located shall submit the sidewalk use permit application to city on the form provided by the city. If the applicant does not own the property, the permit application must include written permission from the property owner. The application shall be submitted no later than 30 days prior to the commencement of the temporary use.

(A)  The establishment for which the permit is issued must be sited adjacent to a public sidewalk and zoned for commercial use.

(B)  The sidewalk use shall be located only in front or side perimeter of the adjoining establishment holding the permit, and shall not extend into abutting or adjacent properties.

(C)  Objects in the sidewalk area shall not be placed in, or protrude into, any street or alley, and the temporary use objects shall be designed, constructed and securely placed to prevent danger to the public and to prevent being blown over or knocked over.

(D)  The temporary use shall not create a fire hazard or interfere with ingress or egress from any building.

(E)   The temporary use shall not interfere with the area’s compliance with the American with Disabilities Act, as amended. At a minimum, the temporary use must allow three feet of clear and unobstructed passageway on the sidewalk between the outermost edge of the permitted displays, café tables, chairs, sidewalk signs or other objects and the curb, street lamps, lamp posts, sign posts, other fixtures or obstructions. The City Manager or designee, may impose additional requirements to ensure compliance with the Americans with Disabilities Act or to protect traffic safety or pedestrian safety or passage.

(F)   The temporary use shall be located a minimum of five feet from driveways and alleys.

(G)  The sidewalk area shall be limited to site-appropriate furniture, food, beverages, or merchandise that is sold, displayed, or provided inside the permit holder’s adjoining establishment.

(H)  Use of the permitted area must conform with applicable laws, city ordinances, and zoning regulations.

(I)    The permit holder will complete the sidewalk use permit application and agree to the conditions of this article and other conditions based upon the particular location and/or use. The permit shall provide that the temporary use is subordinate to the city’s use of the sidewalk or public plaza. The permit shall provide that the permit holder agrees to indemnify and hold the city free all liability, costs, damages, and expenses of any kind, for the payment of which the city may become liable to any person, firm or corporation by reason of any claim or damages arising from the failure of the permit holder, its employees, agents, servants, invitees, and patrons to exercise due care and diligence in the use of the sidewalk.

(J)   The permit holder shall purchase and maintain an insurance policy issued by a company licensed to issue insurance in the State of Kansas, insuring the licensee, and the city as an additionally named insured, in an amount not less than $500,000.00 per single incident, for any liability associated with the failure of the permit holder, its employees, agents, servants, invitees, and patrons to exercise due care and diligence in the use of the sidewalk or public plaza. The permit holder shall provide a certificate of insurance to the city upon permit issuance.

The applicant shall submit a site plan for the temporary use that shall include drawings. The site plan shall state the square footage of sidewalk proposed for such use, and shall detail the dimensions, size, location and type of the temporary use objects relating to the permit request. If, in the city’s opinion, the use or location requires railing(s) or barrier(s), whether temporary or permanent, to be placed upon city property, the site plan shall detail the railing or barrier’s style, design and color.

(b)   Permit fee. The temporary use permit fee shall be set by the governing body.

(c)   Permit term. Each use permit issued shall terminate December 31 of the year in which it is issued, and a new application and fee shall be submitted at least 14 days prior to the end of the calendar year to continue the use into the following calendar year.

(d)   Permit suspension, denial and revocation. Permits applied for, or issued, under this article may be denied, suspended or revoked by the city, at any time, for any of the following causes:

(1)   Failure to furnish a completed application, documentation, or required permit fee.

(2)   Fraud, misrepresentation or any false statement contained in the application for a permit.

(3)   Failure to comply with the permit requirements, this article or the temporary use of city property agreement with the city.

(4)   Failure to maintain the permitted area and associated objects in good repair, in a safe and neat condition.

(5)   Any violation of city codes, state statutes pertaining to alcoholic liquor or cereal malt beverages, or the zoning regulations.

(6)   In addition to subsection (a), the City Manager or designee, may suspend a temporary use permit for a period not to exceed 14 days, if the public interest requires the use of the permitted area for a special event, construction or repair, or as otherwise necessary to protect the public health, safety, or welfare. Written notice of a denial, suspension or revocation shall be made in writing, stating the cause(s) therefore, and shall be delivered to the applicant or permit holder personally, or mailed to the applicant or permit holder’s address as provided in the permit application.

       Any person whose permit has been denied, suspended or revoked, shall have the right to request a hearing before the city manager by filing a written request with the city clerk within five days following the delivery or mailing of the written notice of denial, suspension or revocation. The written appeal request shall state the grounds upon which appeal is made and the mailing address of the appellant. The city clerk shall schedule an appeal hearing before the city manager within ten business days following the receipt of the written appeal, and the city clerk shall provide written notice of the appeal hearing to the appellant by mail to the address provided in the written appeal request. The decision of the city manager shall become final within five days after mailing notice to the appellant. Failure to timely and properly file an appeal shall result in the decision of the City Manager becoming final.

(e)   If a permit is revoked or expired, the permit holder shall remove the temporary use objects from city property, at the permit holder’s expense, within 30 days of the date of expiration or the date of the notice of revocation. The permit holder shall restore the city property, at the permit holder’s expense, to its public use and in a safe and neat condition. If the permit holder fails to remove any object, or to restore the city property, the city may remove and dispose of the object and restore the city property to its public use and in a safe and neat condition. The permit holder, or the property owner, shall reimburse the city for the costs of removal or relocation and for the restoration of the right-of-way.

(Ord. 2597)

The permit holder for sidewalk dining shall comply with the following regulations:

(1)   The sidewalk dining area and adjoining sidewalk areas shall remain clear of litter, food scraps, grease, and soiled dishes. All flooring areas must be cleaned daily, including adjacent sidewalk areas.

(2)   The sidewalk dining area shall be continuously supervised by employees of the licensed establishment.

(3)   Alcohol or cereal malt beverages may not be served within the permitted area, unless the following conditions are met:

(A)  The permit holder possesses and maintains all required licenses relating to alcoholic liquor or cereal malt beverages, and the permit holder complies with all laws relating to the service of alcoholic liquor or cereal malt beverages within establishment and the permitted area. If the permit holder, or an employee therefor, fails to comply with any law relating to the service of alcoholic liquor or cereal malt beverages, the city may suspend or revoke the sidewalk dining permit.

(B)  Alcoholic liquor or cereal malt beverages may not be served, sold, or consumed anywhere outside of the sidewalk dining area designated by the sidewalk dining permit.

(4)   The sidewalk dining area shall meet the requirements of the Wyandotte County Health Department, and all other state and local laws pertaining to the service of food. The permit holder shall possess and maintain a valid license for food service as required by state and local laws.

(5)   Any construction-related building modifications shall be completed prior to the commencement of the operation of the sidewalk café.

(6)   Exceptions:

(A)  This article shall not apply to activities that require a temporary permit for private use of streets when such activities are part of an event conducted on an area-wide basis, if the event requires and has been granted the appropriate city permit for such event.

(B)  This article shall not apply to activities authorized and supervised by the appropriate authority of any government agency, federal, state or local, acting within the scope of its functions.

(Ord. 2597)