ARTICLE 12. SIDEWALK DINING LICENSE
6-1201 SIDEWALK DINING LICENSE, DEFINITIONS.
(A) "Licensee" shall mean the owner of a food service establishment that obtains a sidewalk dining license pursuant to this Article.
(B) "Food service establishment" shall mean a business which possesses a valid Kansas food service establishment license pursuant to K.S.A. 36-501 et seq. and whose owner(s) seeks to use a portion of the City owned sidewalk for dining purposes.
(C) "Sidewalk" shall mean the City owned right-of-way or easement that adjoins the property line of the food service establishment. (Ord. 6453)
6-1202 LICENSE APPLICATION AND CONDITIONS.
Upon application of the owner(s) of a food service establishment to the City Clerk, the City Commission may grant a conditional waiver from the prohibition of the use of the sidewalk (Chapter 16, Article 8) for private purposes pursuant to the following conditions and requirements:
6-1202.1 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. (Ord. 6453)
6-1202.2 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 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 this Article and such other conditions as the City Commission may require. (Ord. 6453)
6-1202.3 The licensee shall possess a valid Kansas Food Service Establishment License pursuant to K.S.A. 36-501 et seq. (Ord. 6453)
6-1202.4 The City Commission may grant permission for the licensee to serve, and patrons of the licensee to possess and consume alcoholic liquor and/or cereal malt beverages on the sidewalk, pursuant to Chapter 4 of the City Code. The licensee shall pay for the publication costs of an ordinance granting exemption for the possession and consumption of alcoholic liquor on City right-of-way. The licensee shall comply with all state and City laws pertaining to the sale of alcoholic liquor and cereal malt beverages. (Ord. 6453)
6-1202.5 A minimum of seventy percent (70%) of all sales of the licensee from the public sidewalk and the food service establishment shall be from the sale of food and non-alcoholic beverages. The licensee shall make available to the City copies of completed and filed State of Kansas sales and liquor tax forms of the food service establishment. The forms for the prior twelve (12) consecutive months shall be provided to the City Clerk at the time of initial application and one month prior to license renewal. Upon the request of the City Clerk, the licensee shall make available copies of the forms at any time for use by the City Commission in consideration of the revocation or suspension of the license. (Ord. 6453)
6-1202.6 The licensee shall submit a site plan for the proposed use of the sidewalk pursuant to Chapter 20 of the City Code 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 City Commission determines appropriate for the use. (Ord. 6453)
6-1202.7 Review of the site plan shall be conducted by the Historic Resources Commission and the State Historic Preservation Officer if required by law. (Ord. 6453)
6-1202.8 The City may require the removal of any fixtures placed on the sidewalk pursuant to this Article, including the immediate removal of any fixtures pursuant to City public works or utilities needs 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.
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. (Ord. 6453)
6-1202.9 The applicant shall annually pay a fee for the use of the sidewalk which shall be $3.50 per square foot per year. The fee shall be paid at the time of license issuance, and on the annual anniversary thereof. The fee shall be considered as a lease payment for the commercial use of the sidewalk. (Ord. 6453)
6-1202.10 The license granted pursuant to this Article may be revoked or suspended by the City Commission, after written notification to the licensee of the intent to revoke or suspend and the conducting of a public hearing. Such notification shall be mailed to the licensee at least ten (10) days prior to a public hearing on the proposed revocation or suspension.
Notwithstanding this provision, the City may immediately suspend the license for the use of the sidewalk for a period not to exceed fourteen (14) days, if either the City Commission or the City Manager determines that such emergency license suspension best protects the public health, safety and welfare. Immediately upon the emergency suspension, the licensee shall be notified in writing of the time and place of a City Commission hearing on a further suspension or revocation of the license. (Ord. 6453)
6-1202.11 (A) Insurance. The licensee shall carry an insurance policy issued by a company licensed to issue insurance in the State of Kansas, insuring the licensee, and the City of Lawrence as an additionally named insured, in an amount not less than $500,000 single incident, for any liability associated with the failure of the licensee, its employees, agents, servants, invitees, and patrons to exercise due care and diligence in the use of the sidewalk.
(B) Indemnification. The agreement between the City and the licensee shall provide that the licensee agrees to at all times save and hold harmless the City of Lawrence, Kansas from all liability, costs, damages, and expenses of any kind, for the payment of which the City may become liable to any person, firm or corporation by reason of any claim or damages arising from the failure of the licensee, its employees, agents, servants, invitees, and patrons to exercise due care and diligence in the use of the sidewalk. (Ord. 6453)
6-1202.12 The license granted pursuant to this Article shall be non-assignable and non-transferable. (Ord. 6453)