* REMINDER this is only a temporary approval which will expire October 14, 2020 at 11:59:59 p.m., unless such approval or permit is otherwise suspended, modified, amended, or extended in accordance with Ordinance #2020-17 or a subsequent ordinance adopted by City Council.
RESTAURANTS SHALL COMPLY WITH THE FOLLOWING CONDITIONS:
- Sidewalk dining and sidewalk dining elements shall not interfere with or obstruct any areas required for accessibility for disabled persons, whether patrons or employees.
- Restaurants may utilize up to 2,000 sq. ft. outdoor space, provided the combined indoor and outdoor seating capacity does not exceed 100% of its legally permitted capacity listed on their Certificate of Use.
- The outdoor dining area shall be restricted to the sidewalk frontage of the building. Restaurants shall provide a four-foot clear pedestrian passage between the dining area and the edge of the pavement or another row of tables and chairs. If the outdoor dining area is proposed in a paved public space not within the sidewalk frontage, approval from the property owner is required.
- Restaurants may serve alcoholic beverages in the outdoor dining area provided the restaurant complies with all applicable city, county, and/or state law.
- No amplified music, whether live or recorded, shall be permitted within sidewalk dining areas. No speakers, microphones, televisions or other audio or video devices shall be permitted within sidewalk dining areas.
- All kitchen equipment and refuse containers used to service the outdoor dining area shall be located inside the primary restaurant.
- Upon the issuance of a hurricane warning, all outdoor furniture shall be removed from the outdoor dining area.
- The restaurant owner or operator shall be responsible for maintaining the outdoor dining area in a clean, neat, orderly, and safe condition. All debris and litter shall be removed daily.
- The restaurant owner or operator shall indemnify, defend, and hold harmless the City against any and all claims or suits for damages or injury arising from permittee’s or the permittee’s agents’, employees’, vendors’, and/or patrons’ use of the ROW or the sidewalk dining area or from any activity, work, or act done, permitted, or suffered by permittee in or about the sidewalk dining area, and shall further indemnify, defend, and hold harmless the City against and from any and all claims or suits arising from any breach or default of any performance of any obligation of permittee under this Ordinance or the outdoor seating permit, and against and from all costs, attorneys’ fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.
- In the event that the City police, planning and zoning, public works or code enforcement departments determine that the location of an encroachment, including but not limited to sidewalk dining elements, constitutes an immediate physical danger to life, safety or health, the encroachment may be removed immediately without prior notice.
- The permit is for a permissive use only and the issuing of the permit shall not operate to create or vest any property rights in the permittee.
If you are unable to apply through the online application, you may download a PDF of the Temporary Outdoor Dining Application (See document) and email the completed application and all required documents to firstname.lastname@example.org.