The governing Body finds that, because it encourages a pedestrian-oriented environment, because it creates a vibrant and visually attractive streetscape, and because it promotes and stimulates commerce, it is in the best interest of the residents of the City of Ottawa, Kansas, to permit, subject to regulation, Sidewalk Dining.
Licensee- shall mean the owner of a food service establishment that obtains a sidewalk dining license pursuant to this Ordinance.
Food service establishment- shall mean a business which possesses a valid Kansas food service establishment license pursuant to K.S.A. 36-502 et seq. and whose owner(s) seeks to use a portion of the City owned sidewalk for dining purposes.
Sidewalk- shall mean City owned right-of-way or easement that adjoins the property line of the food service establishment.
Sidewalk Dining – shall mean the consumption of food, beverages, or both by patrons of a food service establishment outdoors on a specific area of a sidewalk set aside for that purpose.
A. Upon application of the owner(s) of a food service establishment to the City Clerk, the Governing Body may grant a conditional waiver from the prohibition of the use of the sidewalk for private purposes pursuant to the following conditions and requirements:
1. The proposed sidewalk dining use shall be pursuant to the written permission of the record and equitable property owner for the applicant food service establishment.
2. The use of the sidewalk shall be in conformance with the zoning regulations for the food service establishment. The use shall be limited to the sale, possession, and consumption of food and non-alcoholic beverages as part of the business of the food service establishment. The City and the licensee shall execute an agreement for the use of the sidewalk that shall include all conditions of the Article and such other conditions as the Governing Body may require.
3. The licensee shall possess a valid Kansas Food Service Establishment License pursuant to K.S.A. 36-501 et seq.
A. The licensee shall submit a site plan for the proposed use of the sidewalk that shall include elevation drawings. The proposed use shall maintain a minimum of six (6) feet width of unobstructed sidewalk between the food service establishment sidewalk use and the street curb or plantings, whichever is closer, for public use. The site plan shall state the square footage of sidewalk proposed for such use. The site plan shall require the composition of railings and barriers to be wrought iron and shall detail the style, design, and color of railings and barriers proposed for placement on the sidewalk. The site plan shall provide for the seating of the patrons of the food service establishment in the sidewalk dining area. The site plan shall contain such other conditions and restrictions on the use of the sidewalk as the Governing Body determines appropriate for the use.
B. Review of the site plan shall be conducted by the State Historic Preservation Office if required by law.
C. The City may require the removal of fixtures placed on the sidewalk pursuant to this Article, including the immediate removal of any fixtures pursuant to City Public Works, or Utilities need or the removal during certain seasonal time periods (e.g. winter months). The licensee shall be solely responsible for any costs incurred in the removal of fixtures, and shall return the sidewalk to City pavement standards.
D. Upon the expiration of a license granted pursuant to this Article, the licensee shall cease the use of the sidewalk for business purposes and shall have fourteen (14) days to remove any fixtures placed on the sidewalk.
The Governing Body may permit the Licensee to serve and the Licensee’s patrons to purchase, posses, and consume alcoholic liquor and/or cereal malt beverages within the Licensee’s Sidewalk Dining. The Licensee shall comply with all State and City laws and ordinances governing the sale, possession, and consumption of alcoholic liquor and cereal malt beverages.
The applicant shall annually pay a fee for the use of the sidewalk which shall be ($100.00) or a pro-rata portion thereof. The fee shall be paid at the time of the license issuance and on the annual anniversary thereof. The fee shall be considered as a lease payment for the commercial use of the sidewalk.