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Home My Public Portal AboutORD12798 �I i BILL NO. -�S' SUBSTITUTE BILL SPONSORED BY COUNCILMAN Landwehr ORDINANCE NO �� 719 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32 (STRE TS.I NQ SIDEWALKS)OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI BY ADDING A NEW ARTICLE IX PERTAINING TO SIDEWALK CAFES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS i FOLLOWS: S-E:ctIQn,_1. Chapter 32 (Streets and Sidevva!!;s) of the Cade of the City of Jefferson - E Missouri is hereby amended by adding anew Article IX pertaining to sidewalk cafes, which r.. shall read as folloty;;: ARTICLE l.X. SIDEWALK CAFES. t. Sec.32-230. Sidewalk cafe permits. The department of public works may issue a permit to use a City sidewalk, of the Code of the City of Jefferson,for a sidewalk cafe,subject to the following conditions:iection t . A. The permittee shall at all times comply with ordinances of the City of Jefferson, Mi souri.and laws of the State of Missouri,as well as applicable rules and regulations pertaining to the handling of food and the operation of a restaur-ant. B. A permit shall be granted to permittee only in conjunction with an existing <`' restaurant in an area adjacent to such restaurant. A permit may be ?ranted upon a determination that the operations of the sidewalk cafe does not prevent the reasonable use of tb.e City sidewalks by the public and that it does not interfere with businesses in the area. The permittee shall limit the use of the sidewakk to those activities that have been approved. C. The permittee sbiall submit with the application a plan showing disposal procedures for litter,which include procedures for keeping the area clean. The permittee shall y: snake adequate provision for the disposal of litter and shall maintain the premises used for said ? sidewalk cafe free of litter. Litter generated by the sidewalk cafe operation shall be the responsibility of the permittee,and the permitt' shall snake reasonable provision to see that such Utter does not become a nuisance sail is properly picked up front the public ways.in and around 9; the sidewalk cafe. The City may require a bond or cash to guarantee that the area will be cleaned '< no. 'in the event the permittee does not clean tap the area, the City reserves its right to do the cleaning itself and to charge the permittee for the cost of the cleanup. This charge shall be a private debt against the permittee,and failure to pay shall constitute cause to revoke or not renew the perrmit. D. The permittee shall At nu times maintain insurance to protect the City from any }' liability which might arise from the activities in the area,in an amount and form to be determined C:NyFilftTounciPORDINANOYB-(),53$0$titut:.wpd �r ��ylt j i b;y the law department of the City of Jeffenon, Missouri. Permittee shall submit copies of said Insurance to the finance department for approval prior to licensee commencing the operation of the sidewalk cafe. i E. Before any work is performed on the sidewalk or other City property, the applicant shall submit a written plan describing the work. No work shall be performed on City property until the director of public works has authorized the same and a permit is issued by the City to do the work. In no event shalt the work exceed that which is described in the permit as approved by the City. F. The permittee shall remove all chairs,and taaWes at the end of each working day, as w0l as all other appurtenances,unless permission is otherwise granted in the license. G. The permittee shall at all times maintain a four (4) foot thoroughway on the . sidewalk for pedesitian access. tl. The permittee shall agree to indemnify and hold harmless the City of Jefferson, � Missouri with respect to any claims thtt might be made,arising out of the operation of the sidewalk cafe. The permittee shall accept the permit.subject to his own determination, concerning the { authority of the City of Jefferson, Missouri to grant said permit, and all risk with respect to whether or not thr City has said authority is upon perinitlee. The City makes no affirmative frepresea2ations concerning its authority to grant said permit. I. In the event the pernrWee violates any of the conditions of this Article or 44 conditions whkh are a part of the permit,the director of public works shall have the authority.to +' suspend or revoke said permit or the license to operate a restaurant,pursuant to procedures set " forth in this Article. Perrrittee shall thereafter termivate the use of that area described in the permit unless the City gives permittee an opportunity to correct said violation. This permit may � be terminated by either party upon fiffreen(15)days notice. Any person who violates this section or the conditions of the permit shall also be subject to the pengilties set forth in section 1-13 of the Code of the City of Jefferson. J. Permittee agrees to comply with all laws of the State of Missouri and ordinances of the City of Jefferson in the operation of the sidewalk cafe. ,. CCCi K. The C6 shall cause a E City permit to be prepared,in accordance with the conditions `` set 6'orth herein and conditions established by the director of public works, which permit and conditions shall be accepted by the permittee. 3 Sec.32-231. Extension of Liquor License. } " Notwithstanding the other provisions of Chapter 4,Alcoholic Beverages,where a permittee holds a liquor licensee for ara existing restaurant,the license shall be deemed to extend to the premises of d z the sidewalk cafe. Imo.32.232. Consumption of Alcohol. p r, notwithstanding the provisions of section 4-17 of Chapter 4, Alcoholic Beverages, where.a pecsatittee.holds a liquor license for an existing restaurant,the consumption of intoxicating liquor shall be dtvnied to be permitted on the premises of the sidewalk cafe. t ,r C:VNyFileslCuunciAtURDiNAKCt98.063wbsiimte,wpJ - •t, i r�„ , • 1 t t. t '.t / ':i i •...�.—. •ISM :7�',9 ctiah he �urrenQ Article IX'(House Numbers on Curbs) of Chapter 32 (Streotc y and i a � ate) shall be moved and renumbered as Article X of the same chapter. t . ser#ion 3. This Ordinance shall be in full farce and effect from and after the date of its se passage and approval. Passed /dc- Approved: pPresiding Officer Mayor i e ' ATTEST: i City Ql W k ray y� t r'f �}`!' C:1MyFllatiovnc+S L1RDMANL 9ft-OGlwb%iaer.wpd J �p 4-41 �lti,tl7J,`1� ;t waao:ear�cywvn�`u�,rw �r,r.rsw.r,.�._::=,.. •.. 1 ,(:�'�,... , '...'..eft .��.4'a:sv`y'Sill?