Chapter 12.36
RETAIL USE OF SIDEWALKS
Sections:
12.36.020 Sidewalk cafes.
No person may operate a sidewalk cafe without a permit from the public works director as follows:
A. Permit Application. In addition to the information required by this chapter, an applicant must provide the following before a sidewalk cafe permit can be issued:
1. The anticipated periods of use during the year and the proposed hours of daily use, including Saturdays, Sundays, and holidays;
2. Whether any liquor, as defined in RCW 66.04.010, will be sold or consumed in the area to be covered by the permit; and
3. Procure and maintain liability insurance, naming the city of Bainbridge Island as additional insured in the amount of $1,000,000.
B. Terms and Conditions.
1. The public works director may issue a permit for use of a sidewalk for sidewalk cafe purposes in the event and to the extent that he or she determines that:
a. The applicant is the owner or occupant of the abutting property and operates a cafe, restaurant, or tavern thereon;
b. The location of the sidewalk cafe shall not reduce or obstruct pedestrian passage on the sidewalk to less than five feet. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus or taxi zone; and
c. The proposed sidewalk cafe area is included within a food-service establishment permit issued by the Kitsap County Health District or has otherwise been authorized by said department.
2. The public works director may include such terms and conditions in the permit as the director may deem appropriate, including but not limited to:
a. Restrictions as to the number and placement of tables and chairs and as to the hours and dates of use;
b. A requirement that the area be cleared when not in use as a sidewalk cafe, or upon the order of the public works director or other appropriate city officer such as the chief of police or fire chief or their authorized representatives;
c. Provisions that the permittees shall maintain the sidewalk in a clean and safe condition for pedestrian travel;
d. A requirement that the applicant clear the sidewalk as may be necessary to accommodate deliveries to abutting or other nearby properties;
e. Regulations upon lighting and illumination of the sidewalk cafe, limitations upon noise, and restrictions upon the placement of furniture or equipment used in connection with the sidewalk cafe;
f. The posting of a surety bond or establishment of an escrow account;
g. If the sidewalk cafe causes a change in pedestrian travel patterns, appropriate modifications to the sidewalk in the immediate vicinity in order to accommodate the change or to assure compliance with the federal Americans with Disabilities Act;
h. Restoration of the sidewalk upon completion of the use.
3. Unless expressly authorized by the public works director, no pavement shall be broken, no sidewalk surface disturbed, and no permanent fixture of any kind shall be installed in or on sidewalk area in connection with a sidewalk cafe.
a. If authorized by the public works director, fencing shall be secured to the sidewalk per specifications of the city. Such anchoring is not permitted on any public art embedded in the sidewalk.
b. Any damage to the public sidewalk resulting from anchoring of any object shall be corrected by the applicant or property owner at their own expense and per specifications of the city.
4. The public works director may suspend or revoke the permission granted if an applicant violates this chapter, any implementing rules, or the terms and conditions of the permit.
5. Permits must be renewed annually.
6. Concurrent with submittal of a complete application, the applicant shall pay an application fee established by resolution of the city council to cover the administrative cost of issuing the permit.
C. Liquor. Liquor, as defined in RCW 66.04.010, as now existing or hereinafter amended, may be used and sold at a sidewalk cafe when authorized in both the use permit and provided for in this chapter and by permit of the Washington State Liquor Control Board, and not otherwise.
D. Sidewalk Condition. The applicant shall comply with the terms and conditions of the sidewalk cafe permit issued, 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 public works director or other appropriate city officer such as the chief of police, fire chief or their authorized representatives. (Ord. 2014-16 § 1, 2014)
12.36.030 Sidewalk displays.
The owner or manager of a business upon abutting property making retail sales to the public may, without a permit, display on a public sidewalk goods or wares that are being offered for sale inside the business. Sidewalk displays are subject to rules of the public works director, and the following criteria:
A. The location of the sidewalk display shall not reduce or obstruct pedestrian passage on the sidewalk to less than five feet to the nearest street trees, utility poles, traffic control signs and devices, fire hydrants, buildings, and other similar devices and structures. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus or taxi zone.
B. The display must leave entrances and driveways clear and may not extend more than three feet into the sidewalk.
C. The display must be removed during those hours that the business is closed. If the display is in place before sunrise or after sunset, the display must be lighted and readily visible to passing pedestrians on the sidewalk.
D. Sales of goods or merchandise displayed must occur on the abutting privately owned property.
E. The display may not contain liquor, tobacco, firearms, munitions, or any article which a minor is prohibited by law from purchasing, or any material restricted by the fire code from direct access or handling by the public.
F. The display must be removed any time the public works director, chief of police, or fire chief determines that a clear sidewalk is needed and requests removal for use of travel or transportation, street cleaning or maintenance, street utility work, a crowd control event or parade, or an emergency.
G. The city assumes no responsibility for the items on display, irrespective of whether the loss occurs through accident, collision, vandalism, theft or otherwise. (Ord. 2014-16 § 1, 2014)