Chapter 10.28
Sidewalk Cafes

Sections:

10.28.010 Permit Required.

10.28.020 License Class.

10.28.030 Construction.

10.28.040 Application.

10.28.050 Notice to Abutting Property Owners.

10.28.060 Terms and Conditions.

10.28.070 Liquor Use and Sale.

10.28.080 Insurance Required.

10.28.090 Indemnity – Permit Revocation.

10.28.100 Compliance – Sidewalk Condition.

10.28.110 Requirements Not Cumulative.

10.28.010 Permit Required.

It is unlawful to operate a sidewalk cafe without a written permit to do so from the city engineer as provided in this chapter and SMC 8.02.0220.

[Ord. C25539 § 1]

10.28.020 License Class.

Sidewalk cafe licenses are Class IIIE licenses.

[Ord. C25539 § 1]

10.28.030 Construction.

By enactment of this chapter the city council deems sidewalk cafes to be in the best interest of the people of the City and the provisions of this chapter shall be liberally construed by the City in favor of applicants for a permit.

[Ord. C25539 § 1]

10.28.040 Application.

In addition to the information required by SMC 10.28.060 an application for a sidewalk cafe permit shall state the anticipated periods of use during the year, and the proposed hours of daily use, including Saturdays, Sundays and holidays; and whether any liquor as defined in RCW 66.04.010(6) will be sold or consumed in the area to be covered by the permit. At the time of application the city engineer shall set a time and place for a hearing at which the public may offer objections to the issuance of the license.

[Ord. C25539 § 1]

10.28.050 Notice to Abutting Property Owners.

The applicant shall mail or serve a notice stating the nature of the application, the sidewalk area sought to be used, and the date, time and place at which the city engineer will consider such application at least ten days prior thereto, upon the owners, building managers and street level tenants of the properties that abut on the street segment that contains the sidewalk area sought to be used and that lie within the nearest intersections or depend upon such street segment for access, and shall file with the city engineer a copy of the notice mailed and a list of the persons to whom it was sent. The city engineer shall prepare and post notices containing the aforesaid information upon any utility poles or other prominent place in the immediate vicinity and at the nearest intersection, and shall deliver to the applicant a public notice, which shall be posted in a window or on the building exterior of the adjacent property.

[Ord. C25539 § 1]

10.28.060 Terms and Conditions.

A.  In the event and to the extent that the city engineer determines that:

1.   The applicant is the owner or occupant of the adjacent property and operates a cafe or restaurant thereon;

2.   The proposed sidewalk cafe use would not unduly and unreasonably impair passage to and fro by the public on the sidewalk for which the permit is sought; and

3.   The proposed sidewalk cafe area is included within a food service establishment permit issued by the Spokane City-County health district, or its representative, which has otherwise authorized such use of the area; a permit for use of sidewalk area for sidewalk cafe purposes may be issued upon such terms and conditions as the city engineer may deem appropriate.

B.  Such terms and conditions may include but are not limited to:

1.   restrictions as to the number and placement of tables and chairs and as to the hours and dates of use;

2.   a requirement that the area be cleared when not in use as a sidewalk cafe, or upon the order of the city engineer or other appropriate city officer, such as the chief of police or fire official or their authorized representatives;

3.   that the permittee shall maintain the sidewalk in a clean and safe condition for pedestrian travel;

4.   a requirement that the applicant clear the sidewalk as may be necessary to accommodate deliveries to adjacent or other nearby properties;

5.   regulations upon lighting and illumination of the sidewalk cafe; and

6.   an indemnity agreement in accordance with the provisions of this chapter.

C.  Unless expressly authorized by the City, no pavement shall be broken, no sidewalk surface disturbed, and no fixture of any kind shall be installed in or on the sidewalk area in connection with a sidewalk cafe.

[Ord. C25539 § 1]

10.28.070 Liquor Use and Sale.

Liquor, as defined in RCW 66.04.010(16), as now existing or hereafter amended, may be used and sold at a sidewalk cafe when authorized in both the use permit provided for herein and by permit of the Washington State Liquor Control Board, and not otherwise.

[Ord. C25539 § 1]

10.28.080 Insurance Required.

An applicant for a permit for a sidewalk cafe shall, prior to issuance of such a permit, provide and maintain in full force and effect while the permit is in effect, public liability insurance in the amount specified by SMC 7.02.070 to cover potential claims for bodily injury, death, or disability and for property damage, which may arise from or be related to the use of sidewalk area for sidewalk cafe purposes, naming the City as an additional insured.

[Ord. C25539 § 1]

10.28.090 Indemnity – Permit Revocation.

The applicant for a sidewalk cafe permit shall execute and deliver to the City upon a form supplied by the city engineer an agreement in writing and acknowledged by the applicant, forever to hold and save the City free and harmless 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, that it vests no permanent right whatsoever, that upon thirty days’ notice, posted on the premises, or by publication in the official newspaper of the City, or without such notice, in case the permitted use shall become dangerous or unsafe, or shall not be operated in accordance with the provisions of this title, the same may be revoked and the sidewalk cafe furniture ordered removed. Every such agreement, after it has been received in his office and numbered, and after the same has been recorded, shall be retained by the city clerk.

[Ord. C25539 § 1]

10.28.100 Compliance – Sidewalk Condition.

The applicant shall comply with the terms and conditions of the sidewalk cafe permit issued, and shall maintain the sidewalk in a clean and safe condition for pedestrian travel, and shall immediately clear the sidewalk area when ordered to do so by the city engineer or other appropriate city officer such as the chief of police or fire official or their authorized representatives.

[Ord. C25539 § 1]

10.28.110 Requirements Not Cumulative.

The requirements of SMC 7.02.070, obstruction of streets, and obstruction of sidewalks, shall not apply to a sidewalk cafe validly licensed under this chapter, except as herein provided.

[Ord. C25539 § 1]

Cross Reference: SMC 8.02.0220.