Sec. 18-5. - Use of sidewalks for commercial purposes.

(a)

Any person displaying merchandise for retail sales and displays said merchandise on any sidewalk is subject to the provisions of this section.

(1)

A merchant shall be allowed to display goods, wares and merchandise on the sidewalk in front of the retail store in the following manner.

a.

No more than fifty (50) percent of the front of the store shall be used for display purposes;

b.

The display area shall be no more than twenty-four (24) inches from the outside wall of the retail store;

c.

The goods, wares, or merchandise in the display area shall not exceed a height of six (6) feet;

d.

Any retail store located on or at an intersection of two (2) or more streets shall not display any goods, wares or merchandise in such a manner that will obstruct the vision of any operator of a motor vehicle or pedestrian on or approaching said intersection.

e.

Regardless of any other conditions, a forty-eight (48) inch public right-of-way shall be maintained at all times on public sidewalks and thoroughfares.

f.

The display merchandise on a sidewalk must remove items during such times as inclement weather such as a snow ban or high wind condition is present.

g.

The town council may waive the provisions of this section during such times as commercial promotional events or public celebrations are to take place in an area where a license holder conducts his or her business.

(2)

Individuals or businesses found guilty of violating the provisions of this section are subject to a fine not to exceed twenty-five dollars ($25.00) for the first offense, a fine not to exceed fifty dollars ($50.00) for the second offense, and a fine of one hundred dollars ($100.00) and a prohibition against the display of merchandise for a period not to exceed one (1) year for the third offense.

(b)

The town council may allow by permit any licensed restaurant or victualing house outdoor seating on a public sidewalk subject to the provisions of this section.

(1)

The licensed restaurant or victualing house shall file an application with the town clerk for a permit by the town council to allow outdoor seating on a public sidewalk. The application shall include:

a.

The name of the licensed restaurant or victualing house, the street address, the assessor's plat and lot, the types of licenses issued to the establishment and the number of indoor tables and seats.

b.

The proposed number of tables and seats for the outdoor seating area, as well as the menu offerings for the outdoor seating area.

c.

A site plan, showing the location of the proposed outdoor tables and seating.

d.

Evidence of a current and active casualty and liability policy listing the Town of Warren as an additional insured and loss payee.

(2)

The permit application shall first be referred to the chief of police, fire chief and building official for review and a report to the town council for a determination of whether the requested outdoor seating will have an impact on safety of pedestrians, motor vehicle traffic or off-street parking in the immediate area.

(3)

The sidewalk in front of the licensed restaurant or victualing house is wide enough to accommodate outdoor seating, meaning that the distance between the edge of any table or seat and the curb complies with the Americans with Disabilities Act, 42 USC 126.

(4)

The seating is limited to that portion of the sidewalk in front of the licensed restaurant or victualing house and shall not block handicapped or pedestrian access.

(5)

The licensed restaurant or victualing house is in good standing with the Town of Warren including but not limited to being current on tax payments and no outstanding license violations.

(6)

Any validly issued outdoor sidewalk seating shall be permitted during such times as determined by the Warren Town Council, and the renewal thereof shall be upon application to the town council for the regular monthly November meeting of the town council.

(7)

If alcoholic beverages are proposed to be served outdoors, the restaurant or victualing house shall be required to amend its liquor license to include outdoor seating area as part of the premises licensed for the sale and consumption of alcoholic beverages.

(8)

The licensed restaurant or victualing license shall also be required to execute an agreement indemnifying the town and holding the town harmless for any and all liability, claims and causes of action arising from the restaurant or victualing house's use of a sidewalk for outdoor seating and service. The indemnification and hold harmless agreement shall be in such form as approved by the town solicitor.

(9)

Any licensed restaurant seeking approval from the town council for outdoor seating must reduce the amount of tables and chairs indoors by the amount of tables and chairs that shall be placed on the exterior of the structure.

(10)

Outdoor seating areas shall be distinguished from parking areas by solid, uninterrupted concrete or granite curbs and landscaping which physically separates the outdoor seating area from parking.

(11)

Employees will clear tables and monitor adjacent areas for litter on a regular schedule.

(12)

Hours of operation will be limited for outdoor seating to the periods of no earlier than 5:00 a.m. and no later than 10:00 p.m. at the town council's discretion.

(13)

All lighting shall be focused directly onto the seating area and away from abutting properties.

(14)

No music or entertainment, live or transmitted, shall be permitted outside without an outside entertainment license.

(15)

No advertising or promotional materials shall be applied or attached to, or otherwise included in, any exterior elements, including table umbrellas.

(c)

Any person, restaurant or victualing house in violation of the provisions of this section shall be subject to the same penalties as set forth in section (a)(2).

(Code 1967, § 28-6; Ord. of 3-8-1999; Ord. of 11-10-2015(2); Ord. of 1-12-2016(1); Ord. of 8-13-2019)