Columbia Obstructing streets and sidewalks; sidewalk cafes ordinance (§ 24-2)

Any person who shall deposit, place, paint, write, erect or maintain any structure, material, article, substance, decoration or thing on, in or above any street, curb, gutter, park, parkway, sidewalk or public place of the city, except as specifically authorized by the city council by resolution, or as otherwise provided for by ordinance or this Code, shall be deemed guilty of a misdemeanor; provided, however:

(a) Sidewalk cafe. That a person owning or operating a restaurant, coffee shop or other business serving food and beverages may provide tables, chairs, plants or seating accommodations for its customers on the sidewalks adjacent to the business subject to the following conditions:

(1) Plan required. It shall be unlawful for any person to operate a sidewalk cafe without first filing a plan with the director of public works.

(2) Plan contents. An applicant for a sidewalk cafe permit shall submit a plan therefor to the city and shall furnish such information and make such affidavits as the director shall require. At a minimum, the application shall contain the following:

a. Name of business;

b. Business address;

c. Name of all individuals with an ownership interest in the business;

d. Name of current business manager;

e. Name of the property owner upon whose property the business is located;

f. A diagram, drawn to scale, that delineates the space to be occupied by tables, chairs and barrier or delineator. Such diagram shall include any existing light poles, sidewalk grates, parking meters, or other facilities located in the right-of-way, including temporary signage

intended to be utilized by the applicant, between the street curb and the building;

g. A statement affirming that any tables, chairs and barriers or delineators will be stored when not in use;

h. A statement that the sidewalk cafe operator acknowledges and will comply with the duties of the operator as stated in this section;

i. Signature of the authorized business owner; and

j. Contact information for the business owner and, if applicable, authorized agent of the business owner.

(3) Plan revisions. The operator of a sidewalk cafe shall submit a revised plan to the director of public works in the event any changes are made to the sidewalk cafe layout or location. The revised plan shall be a written statement upon forms provided by the director.

(4) Duties of operator. Every sidewalk cafe operator under this section shall:

a. Permit inspection. Permit all reasonable inspections of the business by the director of public works, or the director's designee;

b. Accessibility. Ensure an unobstructed pathway in compliance with the Americans with Disabilities Act at least sixty (60) inches wide be maintained on the sidewalk along the entire length of the sidewalk used by the business, which pathway shall be plainly visible from one end to the other and shall not require sharp turning movements to maneuver;

c. Portable facilities. That any tables, chairs, posts, cordons or other furniture be portable and not fastened or affixed to or over the public sidewalk unless the owner has obtained right-ofuse approval from the city council;

d. Advertising materials. That no advertising material other than simple identification of the business establishment or "sandwich sign" otherwise permitted by this code shall be included within the public sidewalk including the sidewalk cafe;

e. Alcoholic beverages. That alcoholic beverages may be served and consumed only in an area enclosed by a decorative barrier and in compliance with all other city code requirements related to the licensing and sale of alcoholic beverages. In the event the business serves alcoholic beverages, a barrier shall be placed which consists of either bollards connected by chains or ornamental picket-style fencing. Bollards, including the base, must be made of black, powder coated steel or similar material and neutral color. The chains must be made of black metal or similar material and neutral color. Fencing, including the base, must be made of black, powder coated steel or similar material and neutral color. Spacing between pickets must be no wider than four (4) inches. Barriers must be no less than thirty-six (36) inches nor more than forty-three (43) inches high and shall not be anchored in the sidewalk. When barriers are placed for businesses not serving alcoholic beverages they must comply with these standards. A permittee shall not keep barriers on the sidewalk during any time of the year when the permittee does not serve food or alcoholic beverages outdoors;

f. Comply with governing law. Ascertain and at all times comply with all laws and regulations applicable to such permitted business; and

g. Operate properly. Avoid fraud, misrepresentation and false statements made in the course of carrying on the business; avoid conducting the business in an unlawful manner; avoid conducting the business in such a manner as to constitute a nuisance or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare of the public.

(5) Enforcement. In addition to any other penalty authorized by law, the operator of a sidewalk cafe may be cited for code violations if the sidewalk cafe operator violates any law or ordinance affecting the conduct of a sidewalk cafe within the city.

(6) Right of use permit required for attachment of any fixtures or structures. A sidewalk cafe which seeks to utilize any barriers or equipment which is not portable or which is attached in any way to any portion of the sidewalk must obtain a right of use permit from the city council prior to the issuance of a sidewalk cafe permit by the director. In such event, the contents of any such right of use permit shall supersede the provisions of this section in the event of a conflict. A right of use permit for a sidewalk cafe installation shall require an accurate site plan, elevation, rendering, or such graphic representations as the city council may require to become exhibits to the permit. The director shall ensure the conditions set forth in the right of use permit issued by the city council are complied with by the applicant. Nothing contained herein shall prevent the city council from revoking any right of use permit issued for operation of a sidewalk cafe when the council determines in its sole discretion that the continued grant of the right of use permit is not in the best interest of the public.

(b) Package delivery. That nothing in this section shall be construed to prevent any merchant or tradesman from placing any packages of merchandise, which the merchant or tradesman may be receiving or sending away, upon any sidewalk if the packages do not occupy more than one-fourth

(¼) of the width of the sidewalk, or remain on the sidewalk for more than two (2) hours; and

(c) Balconies. That a building permit for the construction of a balcony extending over the public right-ofway in zoning district C-2 or M-DT shall be issued only if the city council has granted a right of use permit for the balcony and the proposed construction complies with section 29-4.2(d)(8) of this Code and with the "encroachments into the public right-of-way" provisions of the Building Code of Columbia, Missouri, adopted in chapter 6 of this Code.