ARTICLE VIII. - SIDEWALK CAFÉ LICENSE
Part of the Code of Ordinances of Central Falls, RI.
The text
Footnotes:
--- (4) --- Cross reference— Businesses, ch. 12.
Sec. 32-301. - Definitions.#
For the purposes of this chapter, "sidewalk café" means any area situated on a public sidewalk where food, refreshments, and/or beverages are sold by a restaurant, delicatessen, ice cream shop or coffee shop (hereinafter "operating establishment") for public consumption at tables or counters located on the sidewalk fronting the operating establishment. Sidewalk cafés shall operate only as authorized pursuant to this chapter.
(Ord. of 4-12-2010(3), § 34-180)
Sec. 32-302. - Permit required.#
(a)
A person shall not construct, maintain, use or operate a sidewalk café without first obtaining a permit as provided in this chapter.
(b)
An application for a sidewalk café license shall be made to the city clerk's office on forms provide by the city clerk. The city clerk shall transmit the applications to the city council for approval at the next council meeting. The application shall be made by the operating establishment.
(c)
A sidewalk café permit shall be for one year from May 1 in each year until the following April 30. The holder of a permit shall pay an annual fee of $___. The annual fee shall be paid with the original permit application and with the request for renewal of permit.
(Ord. of 4-12-2010(3), § 34-181)
Editor's note— The annual fee, referenced in subsection (c) above, is not set out herein, but is available in the city offices.
Sec. 32-303. - Standards.#
(a)
Sidewalk cafés shall be permitted only in the general business, limited business and waterfront business districts.
(b)
No part of a sidewalk café area shall encroach upon any part of the sidewalk frontage of any adjacent premises, right-of-way or alley.
(c)
A sidewalk café must leave a minimum four-foot unobstructed passageway for pedestrians along the length of the café.
(d)
In the case that a business owner holds property adjacent to their business (e.g. side yard setback, parking lot, etc) a sidewalk café may be permitted in that location as well. The side yard café will be subject to the same guidelines as the sidewalk café.
(e)
The holder of a sidewalk café license shall fully insure, indemnify, defend and hold harmless the city and in their capacity as such, the officers, agents, and employees thereof from and against any and all claims and damages in any way arising out of or through the acts or omissions of the permit holder or its employees in the construction, operation, maintenance, use, placement or condition of the sidewalk café. An applicant for a sidewalk café shall provide proof of such insurance before a permit may be issued or renewed under this chapter, and a fully executed Indemnification Agreement.
(f)
A sidewalk café shall close and all café seating shall be removed from the café area no later than 11:00 p.m. The café area shall be cleared of all other furniture, debris and obstructions to the sidewalk no later than midnight.
(g)
An operating establishment shall not sell, serve or allow consumption of alcoholic beverages on its sidewalk café without receiving the required license from the "board of license commissioners". Alcoholic beverages shall be served on the sidewalk café only in conjunction with the service of food. Notwithstanding any contrary or different hours of operations in its alcoholic beverages license, an operation establishment shall not sell, serve or allow consumption of alcoholic beverages on its sidewalk café after the sidewalk café's closing time. All alcohol sold to patrons at the sidewalk café must remain on the business premises. It may not be at any time taken off the business property.
(h)
The following are prohibited in the café area: cooking of food, unshielded trash or refuse storage, advertisements (exclusive of menus intended to be read from café); outdoor entertainment, music, speakers or public address systems; exclusively carry out transactions.
(i)
A sidewalk café shall comply with all applicable building, health, safety, fire, zoning, and environmental standards.
(Ord. of 4-12-2010(3), § 34-182)