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HomeMy WebLinkAboutOrdinanceNorthgate Outdoor Dining Ordinance OUTDOOR DINING IN NORTHGATE CENTRAL BUSINESS DISTRICT A. DEFINITIONS (1) Administrator means the Director of Planning and Development Services or designee. (2) Application or Permit Application means the requirements under this section to submit to the City to obtain a permit approval. (3) Permit means a Northgate Outdoor Dining Permit issued by the City under this section. (4) Establishment means a business in the Northgate Central Business District that has a Permit or is seeking Permit approval. (5) Permitted Area means any street level portion of public sidewalks in the Northgate Central Business District, in a sidewalk area defined by the City, that is in front of and parallel to an establishment, which only tables and chairs are placed on for the sole purpose of patrons consuming food or beverages at the tables, including alcoholic beverages, following authorization from the City by obtaining a permit. (6) Non Permitted Area means the remainder of the public sidewalk that is not considered to be a Permitted Area as determined by the City. No consumption of alcoholic beverages is permitted in the Non Permitted Area. (7) Peak Hours mean the hours between 5:00 PM and 2:30 AM. (S) Non Peak Hours mean the hours between 2:30 AM and 5:00 PM. B. OPERATION The duration of a permit issued under this section is for one year. Before the expiration of the permit, the establishment must resubmit an application and fee in order to continue to operate in the Permitted Area. C. SPECIAL EVENTS Special events in the Northgate Central Business District involving the sale or consumption of alcohol are not required to obtain a permit pursuant to Chapter 4, Section 4, of the Code of Ordinances of the City of College Station. A special event providing for alcohol sales and consumption shall have a valid permit or license to sell or serve alcoholic beverages issued by the Texas Alcoholic Beverage Commission. Northgate Outdoor Dining Ordinance 2 D. APPLICATION REQUIREMENTS The Administrator will have 30 days to deny or approve a Permit Application. The Application must be in writing on a form provided by the City and may include the following information: (1) Application fee (2) Completed Application (3) One copy of a site plan including the following information: a. North Arrow b. Site plan with clearly identified measurements c. Name of adjoining street(s) d. Outdoor seating plan (e.g. tables, chairs) e. Dimensions and Area (SF) of proposed improvement f. Width of adjacent sidewalk(s) g. Sidewalk width remaining for clear path of travel h. Location of property lines i. Location of building entrances (4) Copy of Texas Alcoholic Beverage Commission license or permit (5) Notarized authorization from the property owner of establishment location E. APPROVAL OF APPLICATION Applications will be processed in accordance with the following requirements: (1) Pre -application Conference. Prior to the submission of an application and site plan for a permitted area, applicants are encouraged to schedule and attend an optional pre -application conference in accordance with and for the purposes as set forth in the Unified Development Ordinance for pre -application conferences. (2) Final Action by the Administrator a. Approval. If the proposed site plan is determined to be consistent with all applicable provisions of this section, the Administrator shall approve the site plan. b. Denial. If a determination that all such requirements and provisions have not been satisfied, then the application and site plan will be denied and notice of such disapproval shall be given to the applicant in writing. F. CONDITIONS OF PERMIT In addition to other requirements in this section, the applicant shall comply with the following conditions: (1) Physical Barrier. During Peak Hours, a Permitted Area must be equipped with a physical barrier that separates the Permitted Area from the public area or Non Permitted Area. The physical barrier, tables, and chairs utilized shall be as identified in the City of College Station Design Standards: Northgate. In the event that such barrier is removed from the Permitted Area, all damaged or affected public infrastructures must be repaired to a pre -barrier condition by applicant. Northgate Outdoor Dining Ordinance 3 (2) Surface. The surface of the Permitted Area may not be altered and must remain standard brick pavers on the exterior layer as specified in the City of College Station Design Standards: Northgate. The permitted establishment shall keep the Permitted Area and adjacent sidewalk free of litter, trash, paper, and other waste at all times. (3) Location. A Permitted Area may be located on College Main or University Drive. During Peak and Non Peak Hours, the permitted establishment is responsible for ensuring the sidewalks meet the Americans with Disabilities Act Accessibility Guidelines. a. College Main. An establishment adjacent to College Main may be permitted to use the balance of space between its fagade and a twenty six (26') foot clear zone as determined by the Fire Department during Peak or Non Peak Hours. b. University Drive. An establishment adjacent to University Drive may use the balance of space between its fagade and a ten (10') foot clear zone for a Permitted Area during Non Peak Hours. (4) Time and Service. The Permitted Area may only operate during the permitted establishment's business hours. While not in operation the tables and chairs must be stored within the business establishment and may not be stored in the Permitted Area. Service in the Permitted Area shall be limited to persons seated at tables and chairs. (5) Alcohol. If alcohol is to be present in the permitted area, then the Permitted Area must adhere to Chapter 1, Section 13 of the City's Code of Ordinances and all laws, rules, and regulations identified by the Texas Alcoholic Beverage Commission. (6) Display. The permit must be placed in a conspicuous place at the entrance of the establishment. (7) A permit may not be assigned or transferred. G. AMENDED APPLICATION (1) All outdoor dining must take place according to the approved permit. Any changes made in the permit must be submitted for approval to the Administrator as an amended permit application. Failure to submit an application for an amended permit may result in denial or revocation of any permit. (2) The applicant must pay a non-refundable amended permit application fee of $175.00 when the amended permit application is submitted to the City. H. APPLICATION FEE Northgate Outdoor Dining Ordinance The applicant must pay a non-refundable permit application fee of $350.00 when the original permit application is submitted to the City and a non-refundable permit application fee of $175.00 for an annual renewal. I. INSURANCE INDEMNIFICATION AND RELEASE (1) No permit shall be issued under this section until the applicant has filed with the Administrator a Certificate or Certificates of Insurance, indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with the permitted area. A public liability insurance policy shall be issued by a company authorized to do business in the state of Texas. The policy shall be accompanied by a certificate from such company that such policy will be in force and effect during the full duration of the valid permit. Such policy shall be in an amount not less than One Million Dollars ($1,000,000.00) for the death or injury of one person, and not less than Two Million Dollars ($2,000,000.00) for death or injury in any one accident. The applicant should have the City named as an additional insured. (2) The applicant must indemnify and release the City in connection and use of the Permitted Area before receiving a valid permit. J. INSPECTION Upon receiving a valid permit from the City, the applicant will allow any City Official to inspect the Permitted Area for the purpose of maintaining and assuring the health, safety, and welfare of the City of College Station. K. DENIAL OR REVOCATION OF PERMIT A permit issued pursuant to this section may be revoked or denied if: (1) The applicant or establishment does not comply with this section, City ordinance, or any other applicable law. (2) The application contains a false statement of material fact. (3) The Administrator finds the applicant has not met all the requirements established in this section or if the Administrator deems the requested area to be in conflict with any City service, goal, or objective. (4) The applicant or any other person responsible for the permit will be notified of such revocation and shall immediately cease and dismantle operations in the Permitted Area. Northgate Outdoor Dining Ordinance 5 L. APPEAL OF PERMIT DENIAL OR REVOCATION (1) The notice of denial or revocation of a permit shall include the procedure for appealing the denial or revocation. (2) If a City official denies or revokes a permit, the holder or applicant of the permit which was denied or revoked shall have the right of appeal to the Administrator by submitting an appeal in writing to the Administrator within ten (10) business days of the denial or revocation. (3) Pending action on the appeal, a permit which has been revolted shall be considered revolted. (4) If a written appeal is not submitted within ten (10) business days of denial or revocation, the permit shall hence be considered denied or revoked. M. PENALTIES (1) It shall be unlawful for any person to violate any section of this ordinance. (2) It shall be unlawful to sell, possess, or consume alcoholic beverages in a Non Permitted Area. (3) It shall be unlawful for a person to use the Permitted Area for purposes not identified in the permit. CHAPTER 1: GENERAL PROVISIONS SECTION 13: ALCOHOLIC BEVERAGES B. POSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN NORTHGATE CENTRAL BUSINESS DISTRICT. (1) On October 21, 2004, the City Council adopted and declared that open containers and public consumption in the Northgate Central Business District was a risk to the health and safety of the citizens of the City. (2) On December 20, 2004, the Texas Alcoholic Beverage Commission granted an order giving the City the authority to approve an ordinance regulating open containers and public consumption of alcoholic beverages in the Northgate Central Business District. (3) On Month Date, 2011, the City Council established a process for a business of the Northgate Central Business District to obtain a permit for/s customers to publicly consume alcoholic beverages in a specifically defined and ` permitted public space. W}7+ - j� o' (4) Public Consumption and Possession (a) In the Northgate Central Business District, it shall be unlawful to possess an open container or publicly consume an alcoholic beverage. (b) This ordinance shall not be applicable to buildings not owned or controlled by the City of College Station, residential structures, or licensed premises located in the Northgate Central Business District or the possession of open containers or consumption of alcoholic beverages in motor vehicles. (5) The prohibition of public consumption and possession shall not apply to special events granted pursuant to Chapter 4, Section 4, of the Code of Ordinances of the City of College Station or to Permitted Areas granted pursuant to Chapter X, Section X, of the Code of Ordinances of the City of College Station. (a) Conditions (i) Special Events (1) A special event providing for alcohol sales and consumption shall have a valid permit or license to sell or serve alcoholic beverages issued by the Texas Alcoholic Beverage Commission. (ii) Permitted Area (1) In order to enforce that alcoholic beverages are not being carried or passed out of the Permitted Area, a Public Safety Fee* will be assessed to establishments that operate a Permitted Area between the hours of 5:00 PM and 2:30 AM. (2) Each Permitted Area shall provide a reasonable number of signs indicating drinking alcoholic beverages and carrying out open containers containing alcohol from the Permitted Area is strictly prohibited and a violation of this ordinance. (6) If a person possesses or has in his or her possession an open container specifically made for the purpose of containing an alcoholic beverage or is labeled as containing an alcoholic beverage, it shall be presumed that any content therein is an alcoholic beverage. (7) The Northgate Central Business District is hereby defined as the area set out on the attached map that was approved by the Texas Alcoholic Beverage Commission Order of December 20, 2004. (Ordinance No. 2791 of March 22, 2005) *The fee will be calculated using a square footage and pro rato share ratio model, the proportion of a Permitted Area in square feet to the total eligible Permitted Area in square feet. Based upon the square footage of all eligible Permitted Areas, a maximum number of potential customers will be calculated and used to determine the number of additional officers necessary. The mathematical product of additional officers and the associated cost for a given duration will be calculated. An establishment's Public Safety Fee will be based upon its proportion of Permitted Area and the cost of additional officers. (e.g. An establishment with 5% of the eligible Permitted Area, will pay 5% of the cost for additional officers). t ys (tr i` 0 rl"r-n Ir „ . c, additional signage denoting that Patricia Street ultimately connects from Lodge Street to College Main and is intended to occur before the closure of College Main, E. Prior to the closure of College Main, the City Staff will recommend providing additional signage to help direct patrons to key parking destinations in Nor•lhgate. F. Prior to the removal of parallel parking on University Drive, the City Staff will recommend a draft ordinance to allow merchants to utilize the sidewalk and other o�VL F.{,1L appropriate public rights of way to conduct business. The recommendation will include a the following items: it .,l { 1. The ordinance may limit other like vendors (i.e. mobile or otherwise) from f e conducting business in front of an existing permanent business. 2. A fee may be associated with the permit; however, it will be uniform across the City. 3. The ordinance may not allow for the construction of permanent improvements such as decks, patios, porches, etc. / 4. The ordinance will not amend or alter the City's adopted ordinances governing I. V alcohol consumption in public areas in Northgate. However, the parties intend to fully explore permanent businesses' ability to sell alcohol in permitted areas subject to any and all TABC regulations and approvals. G. The City Staff will provide either an additional dumpster or a compactor in the block of University Drive between College Main and Lodge Street upon receiving a written request from the NDA. The monthly fee for the additional compactor or dumpster will include the cost of the compactor or dumpster, cost of the solid waste collection and disposal, and any other enhancements or improvements required to accommodate the new compactor or enclosure. H. Sub -surface utility adjustments, including water and sewer lines, will not be required for the realization of any of the above referenced improvements because no significant amounts of existing pavements will be removed. I. Both the City and NDA understand that any failure by the City to execute items B, C, E, and for execution of item F, a draft ordinance to recommend to NDA for review, continent, and consideration, of this Section by July 1, 2011, may result in the inability of the parties to fully realize all of the items under this Agreement. If the City fails on those items B, C, E, and F, the NDA shall be released from any and all intentions under this Agreement. If the City executes items B, C, B, and F by July 1, 2011 then the NDA will execute its responsibilities in Section 3 of this agreement. Page 3 12 O'l nw� ss 1,._ orr�, 'N 4( �, cl a�Ol r��0 G 4 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLLEGE STATION AND NORTHGATE DISTRICT ASSOCIATION This Memorandum of Understanding (Agreement) is made and entered into by and between the City of College Station, a Texas Home Rule Municipal Corporation ("City"), and the Northgate District Association, a Texas Nonprofit Corporation ("NDA"). This Agreement sets forth the understanding of the parties concerning the University Drive Pedestrian Improvement Project ("Project"). WHEREAS, the City, Texas Department of Transportation (TX DOT), and Texas A&M University have identified the Project as a critical public safety enhancement need; and WHEREAS, the NDA supports the Project; and WHEREAS, the City and NDA have actively engaged in efforts to identify and build a unified consensus regarding the details of the Project; and NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the City and NDA understand and agree as follows: Section 1—The Project A. The Project is a TX DOT public improvement project. It is the City understanding that TX DOT intends the following items as more specifically described in items B, C and D of this Section. B. The Project will remove all parallel parking along University Drive between Wellborn Road and Tauber Street. C. The Project will construct a new sidewalk along University Drive from Wellborn Road to College Main to replace the current on -street parallel parking. 1. A short fence and/or other pedestrian guiding features will be included at the curb to prevent pedestrians from drifting off the sidewalk and into the travel lanes of University Drive. 2. The Project may include design features in the median of University Drive to discourage pedestrians from crossing University Drive outside of designated crosswalks. D. The Project will construct a loading zone along University Drive from College Main to Lodge Street to replace the existing on -street parallel parking. Page 1 10 Northgate Outdoor Dining Ordinance OUTDOOR DINING IN NORTHGATE CENTRAL BUSINESS DISTRICT A. DEFINITIONS (1) Administrator means the Director of Planning and Development Services or designee. (2) Application or Permit Application means the requirements under this section to submit to the City to obtain a permit approval. (3) Permit means a Northgate Outdoor Dining Permit issued by the City under this section. (4) Establishment means a business in the N Permit or is seeking Permit approval. (5) Permitted Area means any street level portion of Central Business District, in a sidewalk area defir and parallel to an establishment, which only table sole purpose of patrons consuming food or 'be alcoholic beverages, following authorization from t (6) Non Permitted Area means the remainder of considered to be a Permitted Area as determines alcoholic beverages is permitted in the Non Permit District that has a ublic sidewalks in the Northgate 3 by. the City, that is in front of and chairs are placed on for the -rages at the tables, including City by obtaining a permit. e public sidewalk that is not the City. No consumption of Area. (7) Peak Period means the hours between 9:00 PM and 2:30 AM as well as any other times established by the City Manager or his designee. (8),Non 'Peak Period means the hours between 2:30 AM and 9:00 PM unless otherwise designated by the City Manager,or his designee. B. OPERATION The duration of a`, permit issued under this section is for one year. Before the expiration of the permit, the establishment must resubmit an application and fee in order to continue to operate in the Permitted Area. C. SPECIAL EVENTS Special events in the Northgate Central Business District involving the sale or consumption of alcohol are not required to obtain a permit pursuant to Chapter 4, Section 4, of the Code of Ordinances of the City of College Station. A special event providing for alcohol sales and consumption shall have a valid permit or license to sell or serve alcoholic beverages issued by the Texas Alcoholic Beverage Commission. Northgate Outdoor Dining Ordinance D. APPLICATION REQUIREMENTS The Administrator will have 30 days to deny or approve a Permit Application. The Application must be in writing on a form provided by the City and may include the following information: (1) Application fee (2) Completed Application (3) One copy of a site plan including the following information: a. North Arrow b. Site plan with clearly identified measurements c. Name of adjoining street(s) d. Outdoor seating plan (e.g. tables, chairs) e. Dimensions and Area (SF) of proposed improvement f. Width of adjacent sidewalk(s) g. Sidewalk width remaining for clear path of travel h. Location of property lines i. Location of building entrances (4) Copy of Texas Alcoholic Beverage Commission license or permit (5) Notarized authorization from the property owner of establishment location E. APPROVAL OF APPLICATION Applications will be processed in accordance with the following requirements: (1) Pre -application Conference. Prior to the submission of an application and site plan for a permitted area, applicants are encouraged to schedule and attend an optional pre -application conference, in accordance with and for the purposes as set forth in the Unified Development Ordinance for pre -application conferences. (2) Final Action by the Administrator a. ' Approval. If the proposed site plan is determined to be consistent with all applicable provisions of this section, the Administrator shall approve the site plan. b. Denial. If a determination that all such requirements and provisions have not been satisfied, then the application and site plan will be denied and notice of such disapproval shall be given to the applicant in writing. F. CONDITIONS; OF PERMIT In addition to other requirements in this section, the applicant shall comply with the following conditions: (1) Physical Barrier. During Peak Periods, a Permitted Area must be equipped with a physical barrier that separates the Permitted Area from the public area or Non Permitted Area. The physical barrier, tables, and chairs utilized shall be as identified in the City of College Station Design Standards: Northgate. In the event that such barrier is removed from the Permitted Area, all damaged or affected public infrastructures must be repaired to a pre -barrier condition by applicant. Notthgate Outdoor Dining Ordinance 3 (2) Surface. The surface of the Permitted Area may not be altered and must remain standard brick pavers on the exterior layer as specified in the City of College Station Design Standards: Northgate. The permitted establishment shall keep the Permitted Area and adjacent sidewalk free of litter, trash, paper, and other waste at all times. (3) Location. A Permitted Area may be located on College Main, along University Drive, and along the Promenade. At all times, the permitted establishment is responsible for ensuring the sidewalks maintain compliance with the Americans with Disabilities Act Accessibility Guidelines. a. College Main. An establishment adjacent to College Main may be permitted to use the balance of space between its fagade and a twenty six (26') foot clear zone as determined by the Fire Department during Peak or Non Peak Periods. b. University Drive. An establishment adjacent to University Drive may use the balance of space between its fagade and a ten (10') foot clear zone for a Permitted Area during Non Peak Periods. c. Promenade. An establishment adjacent to the Promenade may use the balance of the space between its property line and a minimum thirteen (13') foot clear zone measured between the property line and the edge of the pavilion supports during ;Non -Peak Periods. This clear zone is in addition to the remainder of the Promenade Pedestrian area. (4) Time and Service, The Permitted Area may only operate during the permitted establishment's business hours. While not in operation the tables and chairs must be stored within the business establishment and may not be stored in the Permitted Area. Service in the Permitted Area shall be limited to persons seated at tables and chairs. , Alcohol. If alcohol is to be present in the permitted area, then the Permitted Area must adhere to Chapter 1, 'Section 13 of the City's Code of Ordinances and all laws, rules, and regulations identified by the Texas Alcoholic Beverage (6) Display. The permit must be placed in a conspicuous place at the entrance of the (7) A permit may not be assigned or transferred. G. AMENDED APPLICATION (1) All outdoor dining must take place according to the approved permit. Any changes made in the permit must be submitted for approval to the Administrator as an amended permit application. Failure to submit an application for an amended permit may result in denial or revocation of any permit. Northgate Outdoor Dining Ordinance 4 (2) The applicant must pay a non-refundable amended permit application fee of $175.00 when the amended permit application is submitted to the City. H. APPLICATION FEE The applicant must pay a non-refundable permit application fee of $350.00 when the original permit application is submitted to the City and a non-refundable permit application fee of $175.00 for an annual renewal. I. INSURANCE INDEMNIFICATION AND RELEASE (1) No permit shall be issued under this section unt: Administrator a Certificate or Certificates of Ins effect public liability insurance covering,any da operation of any and all devices and facilities permitted area. A public liability insurance poll authorized to do business in the state of Texas. by a certificate from such company that such p during the full duration of the valid permit. SUCI' less than One Million Dollars ($1,000,00000) person, and not less than Two Million Dollars (I in any one accident. The applicant should have insured. (2) The applicant must indemnify and release the Permitted Area before receiving a valid permit. l the applicant has filed with the urance, indicating that there is in mages arising out of the use and operated in connection with the y shall be issued by a company The policy shall be accompanied olicy will be in force and effect policy shall be in an amount not for the death or injury of one 2,000,000.00) for death or injury the Citv named as an additional in connection and use of the J. INSPECTION Upon, receiving a valid permit from,:the City, the applicant will allow any City Official to inspect the Permitted Area'for the purpose of maintaining and assuring the health, safety, and welfare of the City of College Station. K. DENIAL OR REVOCATION OF PERMIT A permit issued pursuant to this section may be revoked or denied if. (1) The applicant or establishment does not comply with this section, City ordinance, or any other applicable law. (2) The application contains a false statement of material fact. (3) The Administrator finds the applicant has not met all the requirements established in this section or if the Administrator deems the requested area to be in conflict with any City service, goal, or objective. Northgate Outdoor Dining Ordinance (4) The applicant or any other person responsible for the permit will be notified of such revocation and shall immediately cease and dismantle operations in the Permitted Area. Northgate Outdoor Dining Ordinance 6 L. APPEAL OF PERMIT DENIAL OR REVOCATION (1) The notice of denial or revocation of a permit shall include the procedure for appealing the denial or revocation. (2) If a City official denies or revokes a permit, the holder or applicant of the permit which was denied or revoked shall have the right of appeal to the Administrator by submitting an appeal in writing to the Administrator within ten (10) business days of the denial or revocation. (3) Pending action on the appeal, a permit considered revoked. (4) If a written appeal is not submitted revocation, the permit shall hence be M.PENALTIES (1) It shall be unlawful for any person to (2) It shall be unlawful to sell, possess, or Permitted Area. (3) It shall be unlawful for a person to use identified in the permit. been revoked shall be (10) business days of denial or denied or revoked. section of this ordinance. beverages in a Non rmitted Area for purposes not CHAPTER 1: GENERAL PROVISIONS 61 oIM01011 Ie1Wo]:IS]1[0ll:WTa:LCeI�: B. POSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN NORTHGATE CENTRAL BUSINESS DISTRICT. (1) On October 21, 2004, the City Council adopted and declared that open containers and public consumption in the Northgate Central Business District was a risk to the health and safety of the citizens of the City. (2) On December 20, 2004, the Texas Alcoholic Beverage Commission granted an order giving the City the authority to approve an ordinance regulating open containers and public consumption of alcoholic beverages in the Northgate Central Business District. (3) On Month Date, 2011, the City Council established a process for business of the Northgate Central Business District to obtain a permit for its customers to publicly consume alcoholic beverages in a specifically defined and permitted public space. _ (4) Public Consumption and Possession (a) In the Northgate Central Business District, 'itst consume an alcoholic beverage. (b) This ordinance shall not be applicable to buildi Station, residential structures, or licensed prei the possession of open containers or consumf (5) The prohibition of public consumption and possession Chapter 4, Section 4, of the Code of Ordinances of the pursuant to Chapter X, Section X, of the Code of Ordin (a) Conditions (ii) `' Permitted Area II be unlawful to possess en open container or publicly gs not owned or controlled by the City of College ises located in the Northgate Central Business District or of alcoholic beverages in motor vehicles. hall not apply to special events granted pursuant to ;ity of College Station or to Permitted Areas granted nces of the City of College Station. ohol sales and consumption shall have a valid permit or beverages issued by the Texas Alcoholic Beverage In order to enforce that alcoholic beverages are not being carried or passed out of the Permitted Area, a Public Safety Fee* will be assessed to establishments that operate a (2) Each Permitted Area shall provide a reasonable number of signs indicating drinking alcoholic beverages and carrying out open containers containing alcohol from the Permitted Area is strictly prohibited and a violation of this ordinance. (6) If a person possesses or has in his or her possession an open container specifically made for the purpose of containing an alcoholic beverage or is labeled as containing an alcoholic beverage, it shall be presumed that any content therein is an alcoholic beverage. (7) The Northgate Central Business District is hereby defined as the area set out on the attached map that was approved by the Texas Alcoholic Beverage Commission Order of December 20, 2004. (Ordinance No. 2791 of March 22, 2005) *The fee will be calculated using a square footage and pro rata share ratio model,• the proportion of a Permitted Area in square feet to the total eligible Permitted Area in square feet. Based upon the square footage of all eligible Permitted Areas and the time period the area may be used, a maximum number of potential customers will be calculated and used to determine the number of additional officers necessary. The mathematical product of additional officers and the associated cost for a given duration will be calculated. An establishment's Public Safety Fee will be based upon its proportion of Permitted Area and the cost of additional officers. (e.g. An establishment with 5% of the eligible Permitted Area, will pay 5% of the cost for additional officers). hmw PROCEDURE FOR REQUESTING SIDEWALK CAFE LICENSE AGREEMENTS WITH THE CITY OF AUSTIN In order to process the request to enter into a license agreement, it is necessary that you furnish us with the following items: 1. An application for a license agreement must be completed and signed by the Landowner and Licensee (Tenant). 2. Proof of ownership of the fee title to the property adjacent to the public street must accompany the application. 3. A $35.00 nonrefundable processing fee payable to the City of Austin. This fee was established by Ordinance Number 941208-H Section 15-9 to be paid by all Applicants. 4. A certificate of insurance for general commercial liability insurance in the amount of $500,000 and $1,000,000 for liquor liability coverage (if applicable), naming the City of Austin as an additional insured. 5. A plan or sketch and preamble: Showing the dimensions from face of building to curb and width of sidewalk cafe parallel to curb must be provided with the application (see attached). The plan or sketch must also show the proposed locations of all tables, chairs and related appurtenances proposed to be installed therein. 6. Letters from Adjacent Property Owners and Tenants stating they do not object to tables being set out on right-of-way. City staff will prepare the License agreement. The applicant will pick up the license agreement for signature by the Landowner and Tenant, and return it to the Real Estate Division with proof of insurance and a check in the amount of $200.00 for the first annual fee. The licensee agreement will be for a one-year term. Renewal: Applicant may apply for a one year renewal of the license by submitting a $35.00 application fee, certificate of insurance and cashier's check in the amount of $200.00 for the renewal year. Applications for renewal must be submitted no more than sixty (60) days or less than fifteen (15) days prior to expiration. Cancellation/Termination: License can be canceled by licensee or by the City by giving ten (10) days written notice to the other party. Please contact Andy Halne at 974-7185 or by email at an6habnAci.austin.tx.us to answer any questions or schedule an appointment between the hours of 10-4 p.m. Submit your request to: City of Austin Watershed Protection & Development Review Right of Way Management Division 505 Barton Springs Road, Suite 1350 Austin, Texas 78704 Attn: Andy Halm Rev. 10-1-04 CRITERIA AND REQUIREMENTS FOR THE ISSUANCE OF LICENSES FOR SIDEWALK CAFES PERMITTED BY ORDINANCE NO. 941208-H Note: The Criteria and requirements described herein are in addition to the criteria and requirements setforth in the ordinance. 1. An application for a license agreement must be completed and signed by the Landowner and Licensee (Tenant). Proof of ownership of the fee title to the property adjacent to the public street must accompany the application. 2. A processing fee in the amount of $35.00 must accompany the application. Checks should be made payable to the City of Austin. The $35.00 fee is nonrefundable regardless of ultimate action by the City of Austin. 3. Proof of general commercial liability insurance coverage by the insurer acceptable to the City in the amount of $600,000 specifically for the sidewalk cafe and naming the City of Austin as an additional insured will be required prior to issuance of the license. 4. A plan or sketch showing the dimensions from face of building to curb and width of sidewalk caf6 parallel to curb must be provided with the application. The plan or sketch must also show the proposed locations of all tables, chairs and related appurtenances proposed to be installed therein. 5. The sidewalk area outside of the area used for the sidewalk area used for the sidewalk cafe must have a minimum of six (6) feet of clear passage for pedestrians. Additional pedestrian passage area may be required based on pedestrian activity. 6. Tables and chairs shall not be placed within ten (10) feet of an entrance or doorway. (This distance is only measure in front of doorway no the sides). 7. No fences, walls, partitions, barriers, signs or other fixtures or objects may be placed in the sidewalk area with the exception that a removable free standing balustrade may be used to mark the boundaries of the sidewalk cafe. A canvas or cloth type canopy with a supported by single posts no greater than four (4") inches in width will be permitted. 8. Licensee (tenant) must remove the tables and chairs from the licensed area after close of business each day or night. 9. Licensee (tenant) must clean the licensed area and adjacent sidewalk and street areas of spills, debris, litter, etc. each day or night after the sidewalk cafe is closed and the tables and chairs removed. On a required basis, do a high-pressure cold water cleaning of the sidewalk. 10. The sidewalk caf6 can only be in operation during the hours when the adjacent main restaurant is open. Rev. 10-1-04 11. Sidewalk caf6 must comply under the Americans with Disabilities Act (ADA) requirements. 12. The property owner/licensee (tenant) is responsible for condition of the sidewalk area if it is not suitable for use as a Sidewalk Caf6. 13. City staff will prepare the License agreement. The applicant will pick up the license agreement for signature by the landowner and tenant, and return it to the Real Estate Division with proof of insurance and a cashier's check in the amount of $200.00 for the first annual fee. The licensee agreement will be for a one-year term. 14. License can be canceled by licensee or by the City by giving ten (10) days written notice to the other party. 15. Applicant may apply for a one year renewal of the license by submitting a $35.00 application fee, certificate of insurance and cashier's check in the amount of $200.00 for the renewal year. Applications for renewal must be submitted no more than sixty (60) days or less than fifteen (15) days prior to expiration. 16. The list for the reviewing departments, which is sixteen (16) departments, has been condensed to three departments. However, we want you to be aware that the remaining departments and private franchise holders may at anytime have utility maintenance. Many of these maintenance issues could not be perceived even if the departments that declined to review had reviewed the application. (Effective date of this change is 03/03/95). Rev. 10-1-04 SIDEWALK CAFE ICENSE AGREEMENT CHECKLIST A letter transmitting the following documents needed in order to process your Sidewalk Cafe License Agreement application. $35.00 Application Fee Completed and signed application by the landowner and any tenants, if applicable. A scale plan or sketch showing the location of tables and a preamble (see attached sample) Proof of Ownership of the fee title to the property from Property Owner (Warranty Deed or Deed of Trust) A completed Corporate Resolution showing who is authorized to sign the license agreement. We can provide a form, if needed. OR A recorded copy of the Assumed Name Records Certificate of Ownership for Unincorporated Business or Profession. Letters from Adjacent Property Owners and Tenants stating they do not object to tables being set out on right-of-way. If request is on 61h Street between IH-35 and Lavaca and extends between Alleys; OR 6th St. North to 7th St. along Trinity; OR 61h St. South to 5th St. between Neches and Red River; OR having a Historical Designation, you must obtain a letter stating they do not object to the table and chairs in the right of way: The Historical Landmark Commission, contact Steve Sadowsky, Acting Historic Preservation Officer at 974-6454. If request is on 6th Street between IH-35 and Congress OR 6th St. at Trinity to E. Cesar Chavez, you must obtain a letter stating they do not object to the table and chairs in the right of way:: The Walk of Stars Association and Historical Society, contact Bob Hunts at 263-3606. Rev. 10-1-04 FILE #: DA APPLICATION FOR LICENSE AGREEMENT FOR SIDEWALK CAFE UNDER CHAPTER 15-9 Application is hereby made for a license agreement to allow the placement of sidewalk cafe tables and chairs onto public sidewalk areas as described below (give address, location or common description of the street or area requested for licensing and provide a plan or sketch of the area in accordance with procedures). The proposed use adjoins properly legally described as: TCAD parcel The license adjoins restaurant at the following street address: Will alcoholic beverages be sold/served in the right-of-way? Yes_ No_. If yes, Liquor Legal Insurance is required. Applicant shall comply with all requirements of the Texas Alcoholic Beverage Commission. Provide the name and license number of the T.A.B.C. permit. LAND OWNER'S NAME: PHONE: CITY: STA EMAIL: (If multiple owners arejoining in this request — complete names, addresses on each, must be attached.) LICENSEE (TENANT CITY: EMAIL: ZIP: Proposed use of Right -of -Way (describe): SIDEWALK CAFE (Placing Table and Chairs in the Right of Way) The undersigned Owner/Licensee (Tenant) understands that processing of this application will be handled in accordance with Ordinance No. 941208-H and the Procedure for Requesting License Agreement and that no action on processing will be taken without payment of the non-refundable processing fee. It is further understood that acceptance of this application and fee in no way obligates the City to license the subject area. I/We further understand that a Certified or Cashier's Check must be presented before the request will be recommended for approval. Signed by: Landowner/Applicant Rev. 10-1-04 Rev. 10-1-04 &Ywl public health, safety or welfare of the citizens of the city. The signed letter will be officially recorded in the planning and development services office. Sections 62-232--62-250. Reserved. DIVISION 3. USE OF RIGHT-OF-WAY Section 62-251. Special use license. The city may grant a special use license for use of public right-of-way. The city, however, may cancel the license after the grantee has been given 90 days' notice. This provision shall not apply to right-of-way which is designated as county, state or federal highway or road. (1) Types of uses. Any one or more of the following activities, improvements, facilities or uses on public right-of-way may be granted a special use license: a. Aerial uses. 1. Temporary banners placed over streets; and 2. Other overhead encroachments not specified herein. b. Other uses. 1. Supportive or decorative columns, arches or other structural or decorative features; 2. Neighborhood gateway signs and landscaping; 3. Other surface encroachments not specified herein; and 4. Miscellaneous subsurface uses. c. Additional uses permitted in downtown. 1. An awning, canopy, marquee, or sign; 2. A sidewalk cafe containing removable chairs, planters or related materials. (2) Exceptions. Any use not covered under this subsection shall require a special use license to utilize the public right-of-way. The following activities, improvements, facilities or uses on public right-of-way shall not require a special use license as herein provided: 29 a. City licensed or owned and maintained transit bus shelters and other related amenities for the convenience of the public; b. Trees and decorative landscaping, including landscaping, lighting, watering systems, and other appurtenances for the maintenance thereof, provided however, that when such landscaping is proposed on a public street having a right-of-way width of 60 feet or more, a landscaping plan shall be submitted to and approved by the site development review committee prior to its installation; and c. Uses such as but not limited to, newspaper racks, trash containers, and public utility facilities where the city has granted a franchise or lease permitting such use of the public right-of-way. (3) Application. The following shall be required of all applicants requesting a special use license: a. An application form completed and signed by the applicant and filed with the office of planning and development services. The application shall set forth the following information: 1. The name, address and telephone number of the person or group seeking to use the public right-of-way; 2. The date the applicant proposes to use a public right-of-way; 3. A description of the proposed use of the public right-of-way; and 4. The nonrefundable filing fee. b. Fifteen copies of a plan of the area being requested for a special use license, showing all adjacent lot, easement, or other improvements contained on the public right-of-way and any and all improvements to be placed on such by the applicant; and c. A transmittal letter including specific information, special circumstances or conditions which apply to the request. (4) Procedure. a. The submitted application and materials will be considered by the site development review committee which will approve or deny the request. b. In the event that the property on which the license is granted changes ownership, no certificate of occupancy may be granted until a new special 30 use license is granted to the new owner or until the use is removed. (5) Indemnification and insurance requirements. a. As a condition of the special use license, the licensee shall agree to indemnify, defend and hold harmless the city, its officers, agents, and employees from any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation for injury or death of any person, or for damage to any property, arising out of or in connection with licensee's use of public right-of-way. b. No special use license shall be granted unless the licensee files with the planning and development services office a certificate of liability insurance as hereinafter set forth. If the policy is not kept in full force and effect throughout the term of the license, the special use license shall automatically become void and the encroachment must be removed at that time. c. The insurance policy shall be issued by an insurance company authorized to do business in the state and shall be reviewed by the city attorney. The policy shall provide in substance that the insurer will defend against all claims and lawsuits which arise and will pay any final judgment of a court of competent jurisdiction against the city, its officers, agents or employees and the insurance shall meet or exceed the following minimum amounts: $250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property. The minimum amounts of insurance coverage may be increased by the city when it is in the best interest of the public. d. The policy of insurance shall name both the licensee and the city as insurers to the full amount of the policy limits. Such policy shall inure to the benefit of a person in whose favor a judgment may be rendered, but may contain a provision that suit against the insurer may not be brought until the licensee has failed to pay the final judgment of a court of competent jurisdiction against him or her. e. The policy shall contain a provision that it may not be canceled, revoked or annulled by the insurer without giving the city ten days prior written notice. The licensee shall not surrender or release such policy without filing in lieu thereof another policy complying with the requirements of the section, or surrendering the special use license. f. Neither the city nor any officer or employee thereof shall be liable for the financial responsibility of any insurer, or in any manner become liable for any claim, act, or omission, relating to the licensee's use of the public right- of-way. Sections 62-252--62-270. Reserved. 31 'Fozi Sidewalk Cafe Info I City of Fort Worth, Texas v✓oz q Page 1 of 1 Sidewalk Cafe Information All Sidewalk Cafes operating within the corporate limits of the City of Fort Worth shall comply with the requirements of this article except as otherwise provided herein or elsewhere in the City Code. A Sidewalk Cafe shall mean an outdoor dining area located on a sidewalk and containing removable tables, chairs, plants, and related appurtenances, which is not located on or does not encroach upon the public walkway. It shall not be enclosed by fixed walls and shall be open to the air, except that it may have a canopy. A Sidewalk Cafe shall be permitted only when such are abutting and contiguous to a restaurant in which food preparation, sanitation, and related services for the sidewalk cafe shall be performed. A condition of the acceptance of a permit is that the recipient agrees to police for trash and debris an area extending fifteen (15) feet in each direction from the outermost portion or boundary of the Sidewalk Cafe. A Sidewalk Cafe may operate only during the normal and regularly operated hours of the restaurant to which it is adjacent. Application for a Sidewalk Cafe must be made in person and the permit shall be valid for one year from the date of issuance. Renewal for the permit on a Sidewalk Cafe must be made sixty (60) days prior to the expiration of a permit. If no renewal application is made prior to this expiration , all tables, chairs and other appurtenances associated with the facility shall be removed prior to or upon the expiration date. If the permit expires without a renewal and the applicant wishes to continue the operation of a Sidewalk Cafe an application for permit will be treated as if there was no previous permit. Checklist Official Web site of the City of Fort Worth, Texas © City of Fort Worth, Texas — All rights reserved. Fee Schedules • Applications • Building • Electrical_ and Sign J • Mechanical IN • Plumbing in Building -Fee Estimator Electrical, mechanical and plumbing fees include a Fee Estimation worksheet. You can estimate your building permit fees by selecting the Building Fee Estimator link. You will need to know the occupancy code for commercial construction permit fee estimates. For residential, occupancy code R is for the dwelling structure and occupancy code U is for garage, carport or other structure. http://www.fortworthgov. orglplanninganddevelopment/permits/default, aspx?id=78218 12/3 0/2010 �sllb., CITY OF • • r 3 Policies •Procedures q ti. a� ���� r„��<' For • >. In the Downtown I Background This document provides the procedures, terms, and conditions regarding sidewalk cafe permits at street level in Downtown San Antonio. Sidewalk cafe permits shall not include the Market Square, La Villita, or River Walk Area. The Downtown Operations Department will manage and administer the permit process for sidewalk cafes and their use of public sidewalks. II Definitions Downtown Area: Start at the intersection of Salado and EL Paso Streets; north on Salado to its intersection with Frio Street; then northeast in a straight line to the intersection of IH-10 and Cadwalader; south on IH-10 to IH-35; northeast on IH-35 to a perpendicular point connecting with Cherry Street; south on Cherry Street to Durango Boulevard; west on Durango to the San Antonio River; south along the San Antonio River to Arsenal Street; west on Arsenal to El Paso Street; and then west on El Paso to Salado. As defined in the Unified Development Code Article III Zoning — Sec. 35-310.11 "D" Downtown. Sidewalk Caf6: means any street level portion of public sidewalks in the downtown area in which tables, chairs, and associated exterior property are placed for the sole purpose of patrons consuming food and/or beverages (alcoholic or non-alcoholic beverages) served by a food establishment adjacent to the public sidewalk property. (As defined in Municipal Code Ch. 32, IV) This sidewalk cafe permit shall not include the Market Square, La Villita, or River Walk Areas. Clear Path of Travel: Measured from the outside edge of the sidewalk cafe fencing, fence post base or other sidewalk cafe related obstruction (that limits passage) to the back of the curb or nearest obstruction (i.e., tree pit, parking meter, bike rack, light pole, etc.). Measurements must be clearly identified in the site plan. III Permit Review and Approval Process A) Sidewalk Caf6 Permit Applicant must complete and sign the sidewalk cafe permit application. To submit a complete permit application, the applicant must provide the following information to Downtown Operations Department: 1) Photograph of area to be used as sidewalk cafe 2) One copy of a legible site plan including the following information: ■ North Arrow ■ Site plan with clearly identified measurements ■ Name of adjoining street(s) ■ Outdoor seating plan ■ Width of adjacent sidewalk (s) Updated 06/19/09 ■ Location of property lines and dimensions of sidewalk proposed for cafe use ■ Location of existing improvements (e.g. utility poles, fire hydrants, parking meters or pay stations, bike racks, bus shelters, traffic signs, sign posts, tree pits) showing the distance of each to the sidewalk cafe. ■ Sidewalk width remaining for clear path of travel. ■ Location and dimensions of any proposed improvements associated with the sidewalk cafe. Such as: tables, seating, fencing and signs. ■ Location of building entrances 3) Copy of the Historic and Design Review Commission (HDRC) approval for any alterations, lighting, furnishings, signs, goods, or other property to be placed on the permitted sidewalk space 4) Letter from insurance agent agreeing to provide coverage (see below) if applicant is approved for permit 5) Copy of Texas Alcoholic Beverage Commission license/permit (if applicable) 6) Letter of Authorization form signed by the property owner of food service establishment location • Annual Fee < 250 square feet $250 annual permit fee 250 — 500 square feet $500 annual permit fee > 500 square feet $750 annual permit fee Sidewalk cafe permits are non -transferable and non -assignable. Renewal of existing sidewalk cafe permits will require a renewal application and annual fee. A new sidewalk cafe permit will be required when a business changes ownership. Applicant will be responsible for any fees associated with other applicable boards and/or commissions requirements that shall apply with the issuance of a sidewalk cafe permit such as obtaining approval of the Historic and Design Review Commission (HDRC), Texas Alcoholic Beverage Commission (TABC), preparation of site plans, photograph of area, insurance, building permits (if applicable), inspection permits (if applicable) and any other permits as may be required. B) City staff will review application documents, conduct site visit, and contact applicant. If application is approved, City staff will issue invoice for permit fee. C) Applicant will pay invoice and obtain original certificate of insurance and letter of endorsement from insurance provider. Applicant will deliver to City original certificate of insurance and letter of endorsement from insurance provider and proof of invoice payment. D) City staff will review documents and, if documents complete, will issue permit. Updated 06/19/09 IV Sidewalk Cafe Standards The following standards will apply to all sidewalk cafes located on street level, public sidewalks in downtown San Antonio. Downtown Operations Department will have the discretion to require more strict standards depending on the specific site characteristics. A) Clear Pedestrian Travel 1) A minimum of 6 feet clear path of travel is required on all public sidewalks with sidewalk cafes located within the downtown area. 2) Under certain conditions, Director may require clear path of travel wider than 6 feet. 3) If the sidewalk cafe causes change in the pedestrian travel, appropriate repairs in the immediate area may be required to accommodate the change or to assure compliance with ADA. 4) Cords, electric cords, strings and lights may not be strung over or be placed on the pedestrian path of travel. 5) Landscaping: planters must be contained within the footprint of the approved sidewalk cafe dimensions. 6) At least one accessible route shall connect accessible buildings, facilities, elements and spaces that are on the same site. B) Accessibility Information ■ The minimum space requirement for a standard wheelchair to make a 180-Degree turn is a clear space of 60 inches diameter. ■ The minimum width for two wheelchairs to pass is 60 inches. ■ The minimum clear floor or ground space required accommodating a single, stationary wheelchair and occupant is 30 inches by 48 inches. C) Maintenance of Property Applicant shall, at all times, maintain the sidewalk adjacent to the sidewalk cafe free from obstructions of any kind and shall maintain a minimum clearance of six (6) feet on the sidewalk adjacent to the sidewalk cafe free and clear of any tables or other property, and applicant shall not use any of said sidewalk area in the exercise of privileges granted herein, except to pass to and from the sidewalk cafe; however, applicant use may at no time obstruct access to the six (6') foot clear path of travel. ■ Applicant shall, at all times, keep or cause to be kept the sidewalk cafe free of litter, trash, paper and other waste including during special events held by other organizations. ■ Applicant shall at its sole expense, keep the sidewalk cafe premises in good order, repair conditions at all times and shall promptly repair all damages to the sidewalk and sidewalk cafe or replace any broken improvements or property within a reasonable period of time. All such repairs and replacements shall be subject to the approval of the City through the Director, Downtown Operations Department, or her designee, and any and all other necessary departments, boards, or commissions of the CITY OF SAN ANTONIO, including, but not limited to, the Historic and Design Review Commission. If Applicant does not promptly make such arrangements, City may, but is not required to, make such repairs and replacements and the costs paid or incurred by City for such repairs and replacements shall be payable in full within three (3) calendar days. Updated 05/19/09 ■ Applicant will, at the termination of the permit, return the sidewalk cafe premises to City in as good condition as at the commencement of the term hereof, usual wear and tear, acts of God, or unavoidable accident only accepted. ■ Applicant agrees to hold City harmless for any theft, damages or destruction of signs, goods and/or other property of Applicant both during the term of this permit and as left on the sidewalk cafe premises after permit expiration date or applicant vacates the sidewalk cafe premises. If signs, goods and any other property placed by Applicant upon the sidewalk cafe premises are not removed within seven (7) calendar days after the sidewalk cafe permit expiration date, then the City may remove same without further notice or liability. D) Rules and regulations and Prohibited Use of Sidewalk Cafe ■ Sidewalk cafe permit holders shall observe and comply with all applicable, local, state and federal rules and regulations. ■ No advertisements, signs, neon signs, decorations or displays shall be placed in, on, or about the sidewalk cafe premises without the prior written approval of the City through the Director, Downtown Operations Department, or her designee, and any and all other necessary departments, boards or commissions of the CITY OF SAN ANTONIO, including, but not limited to, the Historic and Design Review Commission. Applicant agrees to remove all property, including signs from the sidewalk cafe when applicant vacates the sidewalk cafe premises. ■ Applicant shall be allowed to place only those chairs, tables, umbrellas, hostess stations, furnishings, lighting, and/or any other signs, goods, and other property as approved by City and all applicable boards and/or commissions of the City of San Antonio, including, but not limited to the Historic and Design Review Commission (HDRC). ■ Applicant may not obstruct any entrance or exit to the business establishment. City has the right to require the removal of any signs, goods, and other property if not presentable, as determined by the Director, Downtown Operations Department, or her designee. ■ Encroachment on the public sidewalk beyond the authorized sidewalk caf6 premises or into the public right-of-way is not permitted. A fine or citation may be issued, permit terminated or not renewed. ■ Applicant may only use sidewalk cafe premises for dining and the service of non - alcoholic and alcoholic beverages. ■ No activity or method of operation shall be allowed in, on, or about the sidewalk cafe premises, which exposes patrons thereof to nudity or to partial nudity. For the purposes of this provision, the following definitions apply: Nudity means total absence of clothing or covering for the human body. Partial nudity means exposure of the female breast or the exposure of the male or female pubic area or buttocks. Any nudity as specified above will constitute a violation of this Article and result in an Event of Default. ■ The operation of massage business, tanning salon, gambling casino, or gambling of any nature shall not be allowed in, on, or about the sidewalk cafe premises. ■ Discrimination because of race, color, sex, age, disability, or national origin, directly or indirectly, in employment or in the use of or admission to the sidewalk cafe premises is Updated 06/19/09 prohibited. ■ Applicant shall not, except as may otherwise be permitted by applicable laws and regulations, pay less than the minimum wage required by Federal and State statutes and CITY ordinances to persons employed in its operations hereunder. ■ Applicant shall not place televisions, speakers or amplified music on or in sidewalk cafe. No outdoor music or entertainment is authorized in sidewalk cafes. Failure to comply with this section may, at CITY'S option, constitute default for the sidewalk cafe: permit. ■ Applicant shall not engage in, or allow its employees, agents, invitees, guests or any other person to engage in vending on the premises, other than the ordinary and customary restaurant service with wait staff bringing food and beverages to customers seated at tables within the premises. E) Hours of Operation ■ Sidewalk cafe may only operate during the food service establishment's business hours. F) Sidewalk Cafe Inspections ■ Downtown Operations may conduct an initial inspection of the sidewalk cafe and verify that the applicant is in compliance with the sidewalk cafe permit conditions. ■ Downtown Operations may conduct inspections throughout permit period to determine if: Permit conditions are still met Original business is still in operation • Site conditions require permit modifications ■ Fines/citations: Downtown Operations Department may issue a fine if any violation and non- compliance of City code and the sidewalk caf6 rules and regulation are found. Fine for the first notice of violation is $100, second notice $150 and third notice may require sidewalk caf6 to be removed. V Insurance Applicant agrees to hold City of San Antonio harmless for any theft, damages or destruction of signs, goods and/or other property of the applicant both during the term of the permit and as so left on the sidewalk cafe premises after applicant vacates the premises. If said signs, goods and any other property placed by applicant upon the sidewalk cafe are not removed by it within seven (7) calendar days after the applicant has vacated, then the City may remove same without further notice or liability therefore. ■ Prior to the commencement of sidewalk cafe use, applicant shall furnish copies of all required endorsements and an original completed Certificate(s) of Insurance to the City's of San Antonio Downtown Operations Department, which shall be clearly labeled with applicant business name and address in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. The City will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized Updated 06/19/09 representative to the City. The City shall have no duty to perform under this agreement until such certificate and endorsements have been received and approved by the City's Downtown Operations Department. No officer or employee, other than the City's Risk Manager, shall have authority to waive this requirement. ■ The City reserves the right to review the insurance requirements of this Article during the effective period of the permit and any extension or renewal hereof and to modify insurance coverage and their limits when deemed necessary and prudent by City's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this agreement. In no instance will City allow modification where upon City may incur increased risk. ■ Applicant's financial integrity is of interest to the City; therefore, subject to applicant's right to maintain reasonable deductibles in such amounts as are approved by the City, applicant shall obtain and maintain in full force and effect for the duration of this agreement, and any extension hereof, at applicant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M Best's rating of no less than A- (VII), in the following types and for an amount not less than the amount listed below: TYPE AMOUNTS 1. Workers' Compensation Statutory 2. Employers' Liability $1,000,000/$1,000,000/$1,000,000 3. Broad Form Commercial General For Bodily Injury and Property Damage Liability Insurance to include coverage of $1,000,000 per occurrence; for the following: $2,000,000 General Aggregate, or its a. Premises operations equivalent in Umbrella or Excess b. Independent Contractors Liability Coverage c. Products/completed operations d. Personal Injury e. Contractual Liability f. Environmental Impairment/ Impact — sufficiently broad to cover disposal liability. ■ The City shall be entitled, upon request and without expense, to receive copies of the policies, declaration page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). applicant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Applicant shall pay any costs incurred resulting from said changes. City of San Antonio Attn: Downtown Operations Department P.O. Box 839966 San Antonio, Texas 78283-3966 ■ Applicant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following provisions: Updated 05/19/09 • Name the City, its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of San Antonio where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City. • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance notice for nonpayment of premium. ■ Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Applicant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend applicant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this permit. ■ In addition to any other remedies the City may have upon applicant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order applicant to stop work hereunder, and/or withhold any payment(s) which become due to applicant hereunder until applicant demonstrates compliance with the requirements hereof ■ Nothing herein contained shall be construed as limiting in any way the extent to which applicant may be held responsible for payments of damages to persons or property resulting from applicant's or its subcontractors' performance of the work. ■ It is agreed that applicant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of San Antonio for liability arising out of operations under this permit. ■ It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this permit. ■ Applicant, his agent, contractor and any subcontractors are responsible for all damage to their own equipment and/or property. AH117 TM UT[Wt7ri[dZT APPLICANT covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, the CITY and the elected officials, employees, officers, directors, volunteers and representatives of the CITY, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited Updated 05/19/09 to, personal or bodily injury, death and property damage, made upon the CITY directly or indirectly arising out of, resulting from or related to APPLICANT'S activities under this Agreement, including any acts or omissions of APPLICANT, any agent, officer, director, representative, employee, consultant or subcontractor of APPLICANT, and their respective officers, agents employees, directors and representatives while in the exercise of the rights or performance of the duties under this Agreement. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of CITY, it s officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE EVENT APPLICANT AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS FOR THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. APPLICANT shall advise the CITY in writing within 24 hours of any claim or demand against the CITY or APPLICANT known to APPLICANT related to or arising out of Applicant's activities under this AGREEMENT and shall see to the investigation and defense of such claim or demand at APPLICANT's cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving APPLICANT of any of its obligations under this paragraph. Applicant Signature: I agree to comply with the rules, Date policies & procedures described above. Printed Name Updated 06/19/09 6 ,5 SECTION 3: STREETS, SIDEWALKS, AND DRIVEWAYS A. SCOPE AND PURPOSE (1) This section shall govern all streets, sidewalks, driveways within the corporate limits of the City of College Station, Texas, including both the subdivided and unsubdivided portion of the City, and within the extraterritorial jurisdiction of the City as established by the Local Government Code, as amended. (2) The regulation of streets and the associated utilities affects the welfare of the entire community in many important aspects. These regulations are deemed to be the minimum requirements as adopted by the City Council for the protection of the public health, safety, and welfare. B. DEFINITIONS For the purpose of this section, certain words as used herein are defined as follows: (1) Bikewav is a trail, path, part of a highway shoulder, or any other means specifically marked and assigned for bicycle use. Bikeway facilities are further classified as bike paths, lanes, and routes. (2) City means the City of College Station, Texas. (3) Corner means the point of intersection of the lines of two (2) street curbs extended into the street intersection. (4) Cul-de-sac means a street having only one (1) outlet to another street and terminating on the other end in a vehicular turnaround. (5) Curb Return means that portion of a curb which is constructed on a curve, to connect normal street curbs at a street intersection, or at driveway approaches connecting the street curb to the driveway approach. (6) Drivewav means a place on private property for vehicular traffic. (7) Drivewav Approach means an area or facility between the street and private property intended to provide access for vehicles from the street to private property. A driveway approach must provide access to something definite on private property, such as parking area, a driveway, or a door at least eight feet (8') in width, intended and used for entrance of vehicles. (8) Extraterritorial Jurisdiction (within the terms of the Local Government Code) means the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the City of College Station, the outer boundaries of which are measured from the extremities of the corporate limits of the City, outward for such distances as may be stipulated in the Local Government Code, in which area, the City may enjoin the violations of this street regulations section. (9) Maior Streets include major and minor arterial and major collector streets, (10) Minor Streets include residential, minor, collector, and rural streets. (11) May is permissive. (12) Parking shall mean parallel parking (parallel to traffic lanes). (13) Principal Streets include all major streets and minor collector streets as designated on the Thoroughfare and Transportation Improvement Plan. (14) Right-of-Wav (in this case) refers to right-of-way for streets and alleys, which includes pavement, sidewalks, bikeways, utilities, and other public use. Rev. 02f07 3-21 (15) Shall is always mandatory. (16) Sidewalk is a paved way for pedestrian traffic. (17) Street is a way for vehicular traffic or parking, whether designated as a highway, arterial street, collector street, or local street. (18) Street. Minor Arterial is a street that collects traffic from the collector system and connects with the major arterial system. (19) Street. Major Arterial is a street that collects traffic from the collector and minor arterial system and connects with the freeway system. (20) Street. Collector is a street that collects traffic from local streets and connects with minor and major arterials. This includes minor and major collectors. (21) Street. Local is a street that provides vehicular access to abutting property. (22) Street Width shall mean the distance as measured from back of curb to the back of curb. In the case where there is no curb, street width shall mean the distance between the edges of pavement. (23) Thoroughfare Plan refers to a plan adopted with the Comprehensive Plan establishing the location, classification, and contexts for certain principal traffic ways within the corporate limits of the City; and within the extraterritorial jurisdiction of the City. C. STREETS (1) Paving and Repaving of Existing Streets (a) In the established and platted parts of the City, priority in minor street construction will be determined and established from time to time by the City Council, based upon recommendations by the City staff. (b) Where the owners of more than fifty percent (50%) of the abutting lots along any existing minor street or way shall request paving or repaving of same by petition presented to the City Council showing the signatures of each of the record owners of such lots, the City staff shall review the proposed project and present its conclusions concerning same to the City Council within forty-five (45) days. The Council shall give priority to such projects where feasible, consistent with the needs of the public for safe and adequate streets and public ways and the financial circumstances pertinent to the project. (c) Paving or repaving of existing streets shall be in accordance with plans and specifi- cations reviewed and approved by the City Engineer or his delegate. (d) The City Council may require the execution of a mechanic's and materialmen's lien contract, approved by the City Attorney, from the owners of at least 90% of the abut- ting lot owners to cover the estimated portions of the construction cost for each such lot, prior to the approval of any proposed paving or repaving. (2) Planting on Street Right-of-Wav (a) Unpaved Areas There will be no restrictions on planting and care of grass on unpaved areas, and no permit shall be required. 3-22 Rev. 02107 (b) Obstructions It shall be unlawful to plant flowers, shrubs, or trees to obstruct the view of or access to fire hydrants, mail boxes, traffic control devices, police or fire call boxes. (c) Permit Recuirements Other plantings will be permitted only if an application, together with a plan of planting, has been filed with the City Engineer and he in turn has issued a permit for such planting. D. PRIORITY IN SIDEWALK CONSTRUCTION In the established and platted part of the City, priority in sidewalk construction will be established by the City Council, based on recommendations of the City Manager and City Engineer. Lengths shall be one (1) block or more. First consideration will be given to major streets, second consideration to minor streets; however, no consideration will be given until petitioned by property owners representing a percentage of the front footage of the property as established by policy of the City Council, and funds are available. The Council may, however, at its discretion, when a situation warrants, arrange for construction without a signed petition. 3-23 Rev. 02107 E. DRIVEWAYS (1) Driveway Interference No driveway approach shall interfere with municipal facilities such as street light or traffic signal poles, signs, fire hydrants, cross walks, bus loading zones, utility poles, fire alarm supports, drainage structures, or other necessary street structures. The City Engineer is authorized to order and effect the removal or reconstruction of any driveway approach which is constructed in conflict with street structures. The cost of reconstructing or relocating such driveway approaches shall be at the expense of the abutting property owner. (2) Drivewav Permits (a) Any plans submitted for building approval which include or involve driveway approaches shall be referred to the City Engineer or his designee for approval before a building permit is issued. (b) A written driveway permit for a new development shall be not issued or required. Approval of driveway location and design for new properties and other developments on a building plan or site plan shall be considered the permit for driveway installation. (c) Any property owner desiring a new driveway approach or an improvement to an existing driveway at an existing residential or other property shall make application for a driveway permit, in writing, and designating the contractor who will do the work, to the City Engineer or the building supervisor, accompanied by a sketch or drawing showing clearly the driveway, parking area, or doorway to be connected and the location of the nearest existing driveways on the same and opposite sides of the roadway. The City Engineer will prescribe the construction procedure to be followed. (See the Building Code for contractor's bond and permit requirement, for work on public property.) (d) A permit or building/site plan approval as per the procedure of either 2(b) or 2(c) shall be required for the location of all driveways which provide for access to property. Driveway permits will also be required for any significant structure change, land use change, or property boundary change. (a) The driveway permit fee shall be set by resolution of the College Station City Council from time to time as deemed appropriate by said council and shall be of an amount to cover the cost of licensing and maintaining records. (f) All permits granted for the use of public property under the terms of this section shall be revocable at the will of the City Council. USE OF RIGHTS -OF -WAY FOR PUBLIC CONVENIENCES AND AMENITIES AND FOR PRIVATE IMPROVEMENTS AND FACILITIES (1) Definitions For the purpose of this section, certain words as used herein are defined as follows: (a) "Awning" means an overhead structure made of canvas or fabric that is stretched over a wood or metal frame that extends beyond the exterior wall face and is removable. This definition does not include copy or logo. (b) "Bench" means a seating area that is placed for the convenience of pedestrians and is located in proximity to mass transit stops or businesses. (c) "Bicycle Rack" means a structure designed and used for the temporary storage of bicycles. 3-24 Rev. 02107 (d) "City" means the City of College Station, Texas, a home -rule city. (e) "City Engineer" means the City Engineer of the City of College Station, Texas, or his designated representative. (f) "City Planner" means the City Planner of the City of College Station or his designated representative. (g) "Facade" means an architectural treatment on the face of a building along either the front, side, or rear of a building along the right-of-way frontage. This definition does not include copy. (h) "Landscaping, permanent' means canopy and non -canopy trees and shrubs as established in Section 11.2 of the City of College Station Zoning Ordinance. (i) "Landscaping, temporary" means perennial and flowering plants, dwarf shrubs and ground cover. Q) "Northgate Area" means the area bounded by Nagel Street, University Drive, Wellborn Road and the City of College Station City limits. (k) 'Permit Holder or Permittee" as used in this ordinance means the person owning the underlying fee title to any real property upon which any public street within the City of College Station corporate limits is situated, or any association or other entity acting with a lease or other express written permission of the said fee title owner, to make use of the property, and who has been lawfully issued a Right -of - Way Improvements Permit by the City Engineer. (1) 'Private Utilities" means utilities that have been extended to serve an entity but have not been accepted by the City of College Station. (m) 'Public Street' means the entire width between the boundary lines of every way which is held by the City in fee or by easement or dedication when any part thereof is open to the use of the public for purposes of vehicular travel; provided the term public street shall not include any designated state or federal highway or road or any designated county road. (n) "Right -of -Way Improvements Permit' means a permit issued by the City Engineer to a person who qualifies for said permit under the terms of this ordinance authorizing the construction, installation and maintenance of improvements in right-of-way dedicated to the City of College Station, Texas. (o) "Roadway" means that portion of a public street which is improved, designed, or ordinarily used for vehicular travel, exclusive of the curb, berm, or shoulder. In the event that a public street includes two or more separate roadways, roadway means each such roadway separately. (p) "Setback Line" is as defined in Section 7 of the City of College Station Zoning Ordinance. (q) "Sidewalk" means that portion of a public street which is between the curb lines, or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for or is ordinarily used for pedestrian travel. (r) "Sidewalk cafe' means an outdoor dining area located on a sidewalk and containing movable tables, chairs, planters, or related appurtenances. (s) "Structure" means any building or portion thereof, any obstruction that extends above natural ground grade. Excluded from this definition are wooden fences under eight feet (8) in overall height and masonry fences under three feet (3) in overall height. 3-25 Rev. 02/07 (2) Scope (a) The City Council of the City of College Station acting by and through its official designated in paragraph (3) below may permit any person owning the underlying fee title to any real property upon which any public street within its corporate limits is situated, or any association or other entity acting with a lease or other express written permission of the said fee title owner, to make use of the property, notwithstanding its being part of a public street, for any one or more of the following improvements or facilities: the establishment or maintenance or both of trees and decorative land- scaping, including landscaping lighting, watering systems, and other appurtenances for the maintenance thereof; the establishment or maintenance or both of sidewalk cafes; provided that a sidewalk cafe may not be enclosed by fixed walls and shall be open to the air, except that it may have a canopy; provided further that a sidewalk cafe must be abutting and contiguous to a restaurant in which food preparation, sanitation, and related services for the sidewalk cafe will be performed; (iii) the establishment or maintenance or both of ornamental gates, columns, or other ornamental works of wood, iron, masonry, earth, or other materi- als denoting the entrance to a neighborhood or a platted and recorded subdivision; provided that such improvements may display the name of the subdivision or neighborhood but shall not contain any commercial advertising or other signage; (iv) the establishment or maintenance or both of any supportive or decorative columns, arches, or other structural or decorative feature of any building which is fifty (50) or more years old at the time of filing an application for a permit hereunder and of unusual architectural design, character, or significance or of historical value; or (v) the establishment or maintenance or both of transit bus shelters, drinking fountains, benches, and other related amenities for the convenience of the public in the use of the public streets for pedestrian or vehicular transportation. (3) Designation of City Official Authorized to Make Findings The City Engineer is hereby designated by the City Council of the City of College Station, Texas, to make the findings required by law contained in paragraph (4) below prior to the issuance of a permit authorizing the establishment or maintenance of the improvements or facilities specified in paragraph (2) above. (4) Findings Reguired (a) The establishment or maintenance of the improvements or facilities may not be implemented without a finding by the City Engineer that: the improvement or facility will not be located on, extend onto, nor intrude upon any portion of the roadway; the improvement or facility will not be located on, extend onto, nor intrude upon any portion of the sidewalk which is needed for pedestrian use; (iii) the design and location of the improvement or facilities includes all reasonable planning to minimize potential harm, injury, or interference to the public in the use of the public street or sidewalk; (iv) the improvement or facility will not create any hazardous condition or obstruction of vehicular or pedestrian travel upon the public street or sidewalk. 3-26 Rev. 02/07 (b) Appeal An applicant may appeal the decision of the City Engineer to the City Council within ten (10) days of the denial or issuance of the permit. Failure to appeal the action shall constitute a contractual acceptance of all conditions imposed, and a waiver of all complaints, defects, or potential invalidity, whether under state or federal law. (5) Permit Required (a) Use Without a Permit Prohibited It shall be unlawful for any person to install or construct or cause to be installed or constructed, the amenities, improvements or facilities established in paragraph (2) above within the public streets or rights -of -way for within the corporate limits of the City of College Station without first obtaining a permit issued by the City Engineer authorizing such improvements or facilities. (b) Prescribed Fee The applicant or permit holder shall pay a fee for the right-of-way improvements permit that shall be the same as that charged in Chapter 14, Section of the City of College Station Code of Ordinances as amended from time to time. (c) The permit shall be granted and allowed to remain in force on condition that: (1) the applicant complies with the regulations established by the City Council and contained in paragraph (7) below for the protection of the public and utility companies and other persons or firms having the right to use the public street at the site of the applicant's proposed facility; (2) the site is properly maintained and (3) the applicant owns or is legally authorized by the fee simple owner of land to use his land for the establishment and maintenance of the improvements authorized by permit. (d) Procedure for Obtaining a permit Application Requirements: Any person desiring a permit authorizing the use of the public right-of-way for the installation of improvements or facilities within the City limits shall file an application with the Development Services Department on a form provided by that Department. The applicant must include the following information with the application form: • A facility layout plan which includes the identity, and location of, and gives the dimensions of the right-of-way and the pavement edge or curb. • The applicant must locate all existing traffic signs, meter boxes, light poles, manholes, overhead electrical lines, fire hydrants, valves, and electrical transformers contained within the right-of-way. The diagram must include dimensions of the right-of-way and locate the facilities from the right-of-way or back of the curb. The size and material of the facilities must be specified. • All proposed signage must be located including its dimensions. • An erosion control plan must be submitted with the application. If there are waterway alterations proposed, a drainage report and drainage plan must be submitted. If improvements are proposed that will alter the drainage patterns in the area, a drainage report and drainage plan will be required. • Applicant must state whether there will be any waterway alterations with a drainage report (if applicable). • Elevation drawings of signage that include the description of material. 3-27 Rev. 02107 • The location and type of plantings. All plantings must be detailed by using both the scientific as well as common names. • Describe all work to be performed including but not limited to any electrical work, landscaping, irrigation systems, drainage work, waterway alterations, demolition, fencing (whether wood or masonry), signs, facades, awnings, cafe, canopy, benches, bike racks. • The cost, where applicable, of the proposed relocation of any public facilities associated with the work. • The total square footage of the site. • Designate the party responsible for maintenance. • An estimate of the future relocation of improvements. • Where applicable, the applicant must submit the following plans: electrical, landscaping, plumbing, sealed structural details with anchoring, attachment and material description and/or any sealed irrigation plans. • Identify all contractors and subcontractors including, but not limited to, the master electrician, irrigator, landscape architect or company, master plumber, design engineer and/or structural engineer. (e) Inspection of Facilities Inspections of improvements shall be requested in accordance with the Standard Building Code as amended by the City of College Station Code of Ordinances. (f) Maintenance of Facilities All improvements shall be maintained by the person designated by the permit holder in the permit application. The improvements shall be maintained in a reasonably safe, secure and sanitary manner and the site shall be free of rubbish, weeds, filth or other offensive items. All dead plantings shall be removed and replaced annually. (g) Construction of Facilities Construction and installation of improvements must comply with all provisions of this ordinance as well as with the Streetscape Standards as adopted by the City Council of the City of College Station and established in the Streetscape Study issued in December 1992 and as amended from time to time. (6) Removal of Facilities The City or any utility company or other person authorized by the City may remove all or any part of any facility for which a permit has been issued without liability therefore in the event of a lawful need for the site or for access thereto. (7) Regulations The regulations that govern the issuance and continuing validity of this permit as follows: (a) Permittee must comply with the construction, maintenance, operation, and inspection requirements as detailed in paragraph (5) above. (b) Permittee must provide indemnity agreements by abutting fee owners, which agreements shall be covenants running with the title of the abutting land; provided, however, that Permanent and Temporary Landscaping, including landscaping lighting and watering systems shall be exempt from this requirement. 3-28 Rev. 02/07 (c) The applicant or permittee must provide traffic and safety studies at his own expense if, and whenever, required by the City Engineer. (d) This permit may be terminated at the discretion of the City. (a) All facilities or improvements shall comply with the clearance required from struc- tures to utility lines as provided in the Standard Building Code or any other applicable code as adopted or as amended by the City of College Station Code of Ordinances. (f) All facilities or improvements must comply with all applicable City of College Station Codes and Ordinances in existence at the time of construction, unless specifically prohibited by said Codes or Ordinances. (g) All site work, demolition and construction must comply with the Standard Building Code as amended by the City of College Station Code of Ordinances. (h) All drainage and waterway work must comply with Chapter 13 of the City of College Station Code of Ordinances and associated Bryan/College Station Unified Design Guidelines, Standard Details, and Technical Specifications. (i) Permanent Signage If an identification sign is requested, a minimum of two hundred fifty (250) landscaping points must be provided per sign. The sign may not exceed one hundred fifty (150) square feet per sign face as measured by an imaginary rectangle of vertical and horizontal lines that contain all extremities of the copy and logo. The sign height cannot exceed fifteen feet (15'). Q) All facilities and improvements must assure that there is adequate sight clearance for traffic and pedestrian safety. (k) The permittee shall provide a cash or surety bond in a sum sufficient to cover the costs of removal of its facilities or improvements by the City or any public utility upon terms and in an amount which is approved by the City Engineer. The bond or surety shall be submitted to the City Engineer upon approval of the permit but prior to its issuance and prior to the commencement of construction of any proposed improvements. (1) The costs of any relocation of public or private utility facilities and improvements within the public streets which may be associated with the installation of any perimeters authorized facilities and improvements shall be borne by the permittee. (m) The City is prohibited from using any of its funds or employees for installation or maintenance with respect to a facility operated by permit except for inspection or removal purposes. (n) If irrigation and/or electrical lines are to be extended across a paved roadway, the applicant must pay a one-time fee in the amount of Thirty-five Dollars ($35.00) per square yard of extension area. The extension area is equivalent to three (3) times the yard length to be installed under the roadway. The fee will be waived if the applicant installs sleeves under the pavement and places the irrigation and/or electrical in the sleeves. (o) Permittee must notify the City Engineer of any change of information contained in the application or permit. (p) Permittee or fee simple owner must notify the City Engineer of any change in fee simple ownership of the property, expiration or renewal of lease or revocation or renewal of license agreement by fee simple owner. 3-29 Rev. 02107 (q) This permit is valid only to whom it is issued and may not be assigned or trans- ferred. (r) Permittee may not modify the improvements authorized by permit. (8) Exemptions The City may establish or maintain, with its funds, materials, equipment, and personnel, any of the improvements or facilities described and shall not be required to issue a permit for any such improvement or facility established or maintained by the City; provided, however, that the City shall remove its improvement or facility placed by it upon any public street if there is a lawful need for the site or for access to the site by a utility company. This ordinance does not require a political subdivision of this state to obtain a permit to establish or maintain an improvement or facility authorized by other law. (9) Penalty for Violations Violations of the ordinance shall be punished in accordance with Chapter 1, Section 5 of the Code of Ordinances as amended from time to time. (10) Invalidity If any provision of this ordinance shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. (11) Conflict with Other Ordinances That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. E.. UNUSUAL CONDITIONS The City Engineer is hereby authorized to grant, in writing, variances from the strict application of the principles of this subsection; provided that he first determines that the following conditions are present: (1) The exception or variance desired arises from peculiar conditions not ordinarily existing in similar districts in the City, or due to the nature of the business or operation on the abutting property. (2) That the exception or variance desired is not against the public interest, particularly safety, convenience, and general welfare. (3) That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. (3) That the strict application of the terms of this section will not work unnecessary hardship on the property owner or tenant. ADMINISTRATION AND ENFORCEMENT (1) City Engineer Designated as Enforcement Official: Powers and Duties (a) The City Engineer is designated as the administrative official of the City, to administer the provisions of this section. (b) If the City Engineer shall find or if any person files with him a complaint in writing alleging that any of the provisions of this section are being violated, he shall immediately investigate and when necessary, give written notice to the person responsible to cease such violations, forthwith. 3-30 Rev. 02/07 (c) Notice may be delivered in person or by certified mail to violator or to any person in charge of the property where the violation is occurring. (2) Penalty for Violation Any person who violates or fails to comply with the requirements of this section shall be guilty of a misdemeanor and shall be liable to a fine pursuant to the General Penalty set out in Chapter 1, Section 5, of this Code of Ordinances. Nothing herein contained shall prevent the City from taking such other lawful action as may be necessary to prevent or remedy any violation. 3-31 Rev. 02107 CHAPTER 1: GENERAL PROVISIONS SECTION 13: ALCOHOLIC BEVERAGES B. POSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN NORTHGATE CENTRAL BUSINESS DISTRICT. (1) On October 21,2004, the City Council adopted and declared that open containers and public consumption in the Northgate Central Business District was a risk to the health and safety of the citizens of the City. 12) On December 20, 2004, the Texas Alcoholic Beverage Commission granted an order giving the City the authority to approve an ordinance regulating open containers and public consumption of alcoholic beverages in the Northgate Central Business District. P-J(3) _OnM rtthDat TO 1the C'tv Cotn<u esta_bl_s �r.fapi of ess for �husin_ess of+hc 'ilor�hg{i;',Crvit[f,l. lU_Inl'SS DJsLI It L fq U�(l l n jR r01 tol nS (n�tpiller$ CD Ihl t -((w0.9Umt tt ehOhf. bP' -rat f,S_n 3 SpeCIfICa1Y_ der 1eo n pe nnt.',:;(;,p ibnt sp ue„g;. 1 trf lion m e 11LLvenLj',_ PY(4L_....._Public Consumption and Possession (a) In the Northgate Central Business District, it shall be unlawful to possess an open container or publicly consume an alcoholic beverage. (b) This ordinance shall not be applicable to buildings not owned or controlled by the City of College Station, residential structures, or licensed premises located In the Northgate Central Business District or the possession of open containers orconsumption of alcoholic beverages in motor vehicles. 15i The prohibition of public consumption and possession shall not apply to special events granted pursuant to Chapter 4, Section 4, of the Code of Ordinances of the City of College Station or to Pennitca Areis-PLArgeo pursuaniro omptuLX,s cItn X,y_,lhc to eof Ordlnanc s of the Cliy ofrOgge%ation. A,4pe�b ?wwa:agxc ass+:ad°h5'=t',uc. ; exas.Alcna6l<tic-PmaLxip,<3 €�n:n sti�rsur: !p t urd no�x 1) Special ve�ri�s j1)p_&sp *lev_eri 9D i in oLal ohol sales and cons�otim shall lavea vai permlt.qr % li t nse to_xcll or serve alcob he U<vei ales issue9 bi thr Texas Alcoholic Bevt ilig<? I'lr Il 'i01.� _ iyl permitted Area j1j_At e stortryiflln,Tierlllra,,.n>rdit,.e s�2faireohlrt.rlo54fdwit hint}yyfluttcd.irea sl illxoLdar/0ttwe ,nsi1{�httLY9t_19'0PM nA 2:30 AM durinit the onerration of the °ornulteJ Ar ea m or.ier to p r vent alcoh il e bev , agqs from be ng carrl �d out or passed out of the prvmitied fvea, W) )_ Cach f el nutted Area shall orovlde a reasonabl q, rit, Inbe? of bpi mlicaung, L ulking alcoh >Ic ht vary an7 fr try ng_ou op n con[miners rontonn,g,aftollolholn. he [ ermi«ed fveai'6 fiVi(A p ohiniteyl ana a violation of t11. ord.mall'_e_ f5)j_f,)____If a person possesses or has in his or her possession an open container specifically made for the purpose of containing an alcoholic beverage or is labeled as containing an alcoholic beverage, it shall be presumed that any content therein is an alcoholic beverage. Formatted indent Left: 0.5 , Space After: 1 10 pt, No bullets or numbering J Formattetl ^ Formatted I ,__The Northgate Central Business District is hereby defined as the area set out on the attached map that was approved by the Texas Alcoholic Beverage Commission Order of December 20, 2004. (Ordinance No. 2791 of March 22, 2005) Northgate Outdoor Dining Ordinance OUTDOOR DINING IN NORTHGATE CENTRAL BUSINESS DISTRICT A. (1) Administrator means the Director of Planning and Development Services or designee. (2) Application or Permit Application means the requirements under this section to submit to the City to obtain a permit approval. (3) Permit means a Northgate Outdoor Dining Permit issued by the City under this section. (4) Establishment means a business in the Northgate Central Business District that has a Permit or is seeking Permit approval (5) Permitted Area means any street level portion of Central Business District, in a sidewalk area defir and parallel to an establishment, which only table sole purpose of patrons consuming food or bF alcoholic beverages, following' authorization from t (6) Non Permitted Area means the considered to be a Permitted Are alcoholic beverages, is permitted in B OPERATION ublic sidewalks in the Northgate d by. the City, that is in fi•ont of and chains are placed on for the erages at the tables, including City by obtaining a permit. he public sidewalk that is not )y the City. No consumption of i Area. The duration of a permit issued under this section is for one year. Before the expiration of the permit, the establishment must resubmit an application and fee in order to continue to operate in the Permitted Area. C. SPECIAL EVENTS Special events in :the Northgate Central Business District involving the sale or consumption of alcohol are not required to obtain a permit pursuant to Chapter 4, Section 4, of the Code of Ordinances of the City of College Station. A special event providing; for alcohol sales and consumption shall have a valid permit or license to sell or serve alcoholic beverages issued by the Texas Alcoholic Beverage Commissions'` 0 Z � Z� ly goo D�f'U ( Northgate Outdoor Dining Ordinance 2 D. APPLICATION REQUIREMENTS The Administrator will have 30 days to deny or approve a Permit Application. The Application must be in writing on a form provided by the City and may include the following information: (1) Application fee (2) Completed Application (3) One copy of a site plan including the following information: a. North Arrow b. Site plan with clearly identified measurements c. Name of adjoining street(s) d. Outdoor seating plan e. Dimensions of proposed improvement (e.g. tables, chairs) L Width of adjacent sidewalk(s) g. Sidewalk width remaining for clear path of travel h. Location of property lines i. Location of building entrances (4) Copy of Texas Alcoholic Beverage Commission license or permit (5) Notarized authorization from the property owner of establishment location E. APPROVAL OF APPLICATION Applications will be processed in accordance with the following requirements: (1) Pre -application Conference. Prior to the submission of an application and site plan for a permitted area, applicants are encouraged to schedule and attend an optional pre -application conference in accordance with and for the purposes as set forth in the Unified Development Ordinance for pre -application conferences. (2) Final Action by the Administrator a.- Approval., If the proposed site plan is determined to be consistent with all applicable provisions of this section, the Administrator shall approve the site plan. b. Denial. If a determination that all such requirements and provisions have not been satisfied, then the application and site plan will be denied and notice of such disapproval shall be given to the applicant in writing. F. CONDITIONS OF PERMIT In addition to other requirements in this section, the applicant shall comply with the following conditions: (1) Physical Barrier. A Permitted Area must be equipped with a physical barrier that separates the Permitted Area fi•om the public area or Non Permitted Area. The physical barrier, tables, and chairs utilized shall be as identified in the City of College Station Design Standards: Northgate. In the event that such barrier is removed from the Permitted Area, all damaged or affected public infrastructures must be repaired to a pre -barrier condition by applicant. Northgate Outdoor Dining Ordinance (2) Surface. The surface of the Permitted Area may not be altered and must remain standard brick pavers on the exterior layer as specified in the City of College Station Design Standards: Northgate. The permitted establishment shall keep the Permitted Area and adjacent sidewalk free of litter, trash, paper, and other waste at all times. (3) Location. A Permitted Area may only be located on sidewalks with a remaining minimum of: eight feet (8') in width on Boyett Street, ten feet (10') in width on College Main, and twelve feet (12') in width on University Drive. (4) Time and Service. The Permitted Area may only operate during the permitted establishment's business hours. While not in operation the tables and chairs may not be stored in the Permitted Area. Service in the Permitted Area shall be limited to persons seated at tables and chairs. (5) Alcohol. If alcohol is to be present in the permitted area, then the Permitted Area must adhere to Chapter 1, Section 13 of the;City's Code of Ordinances. (6) Display. The permit must be placed in a conspicuous place at the entrance of the establishment. (7) A permit may not be assigned or transferred. G. AMENDED APPLICATION,Q,o ew (1) All outdoor dining must take place according to the approved permit. Any changes made in the permit must be submitted for approval to the Administrator as an amended;; permit application. Failure to submit an application for an amended permit may result in denial or revocation of any permit. (2) The applicant must pay :anon-refundable amended permit application fee of $175.00 when the amended permit application is submitted to the City. H. APPLICATION FEE The applicant must pay a non-refundable permit application fee of $350.00 when the permit application is submitted to the City. Northgate Outdoor Dining Ordinance I. INSURANCE INDEMNIFICATION AND RELEASE (1) No permit shall be issued under this section until the applicant has filed with the Administrator a Certificate or Certificates of Insurance, indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with the permitted area. A public liability insurance policy shall be issued by a company authorized to do business in the state of Texas. The policy shall be accompanied by a certificate from such company that such policy will be in force and effect during the full duration of the valid permit. Such policy shall be in an amount not less than One Million Dollars ($1,000,000.00) for the death or injury of one person, and not less than Two Million Dollars ($2,000,000.00) for death or injury in any one accident. The applicant should have the City named as an additional insured. (2) The applicant must indemnify and release the City in connection and use of the Permitted Area before receiving a valid permit. J. INSPECTION Upon receiving a valid permit fi•om the City, the applicant will allow any City Official to inspect the Permitted Area for the purpose of maintaining and assuring the health, safety, and welfare of the City of College Station. K. DENIAL OR REVOCATION OF PERMIT A permit issued pursuant to this section may be revoked or denied if: (1) The applicant or establishment does not comply with this section, City ordinance, or any other applicable law:' (2) The application contains a false statement of material fact. (3) The Administrator finds the applicant has not met all the requirements established in this section or if the Administrator deems the requested area to be in conflict with any City service, goal, or objective. (4) The applicant or any other person responsible for the permit will be notified of such revocation and shall immediately cease and dismantle operations in the Permitted Area. Northgate Outdoor Dining Ordinance L. APPEAL OF PERMIT DENIAL OR REVOCATION (1) The notice of denial or revocation of a permit shall include the procedure for appealing the denial or revocation. (2) If a City official denies or revokes a permit, the holder or applicant of the permit which was denied or revoked shall have the right of appeal to the Administrator by submitting an appeal in writing to the Administrator within ten (10) business days of the denial or revocation. (3) Pending action on the appeal, a permit which has been revolted shall be considered revoked. (A) If a written appeal is not submitted within ten (10) business days of denial or revocation, the permit shall hence be considered denied or revoked. M.PENALTIES (1) It shall be unlawful for any person to violate any section of this ordinance. (2) It shall be unlawful to sell, possess, or consume alcoholic beverages in a Non Permitted Area. (3) It shall be unlawful for a person to use the )Permitted Area for purposes not identified in the permit. Section 2 - City's Responsibilities A. The City Staff will recommend the Responsibilities in this Agreement to the College Station City Council for its final approval. The City, by executing this agreement is not authorized to delegate any legislative acts of the College Station City Council nor does it bind the Council to any legislative acts. B. Prior to the removal of parallel parking on University Drive, the City Staff will recommend mitigating the loss of the on -street parallel parking spaces along University Drive between Wellborn Road and Tauber Street with the following items: 1. Provide sixteen (16) on -street parking spaces free to the public 24 hours a day, 7 days a week. These spaces will be designated for two hour (2) parking. Attachment A identifies the distribution of these spaces. 2. Provide twenty (20) on -street parking spaces free to the public after 5:00 p.m. and before 7:00 a.m., 7 days a week. Attachment A also identifies the distribution of these spaces. 3. Make reasonable efforts to enforce all free parking in as much as resources allow. C. On Texas A & M home football game days, the City Staff will recommend making twenty (20) spaces on the Patricia Street Surface Lot available for hourly customers at the Prevailing parking rates. Reasonable operational efforts will be undertaken to limit the use of these spaces to short-term customer transactions of up to two (2) hours or less. D. The City Staff will recommend that the design of the College Main Promenade be included in the 2012 Capital Plan and that construction be included in the 2013 Capital Plan provided funding is available and secured. The recommendation will include the following items: 1. Use of brick pavers and all necessary permanent traffic control and roadway closure devices in the existing College Main right-of-way from University Drive to Patricia Street. 2. A 10-foot wide bike lane through the middle of the new College Main Promenade, 3. All existing utility vaults, hndholes, manholes, etc. will be adjusted to the new grade on the College Main Promenade. 4. New bike racks and appropriate shade features along the new College Main Promenade. 5. Additional pavement to help large delivery trucks make the turn from Lodge Sheet onto Patricia Street. This effort will also include recommending Page 2 11 additional signage denoting that Patricia Street ultimately connects from Lodge Street to College Main and is intended to occur before the closure of College Main. E. Prior to the closure of College Main, the City Staff will recommend providing additional signage to help direct patrons to key parking destinations in Northgate. F. Prior to the removal of parallel parking on University Drive, the City Staff will recommend a draft ordinance to allow merchants to utilize the sidewalk and other appropriate public rights of way to conduct business. The recommendation will include the following items: 1. The ordinance may limit other like vendors (i.e. mobile or otherwise) from conducting business in front of an existing permanent business. 2. A fee may be associated with the permit; however, it will be uniform across the City. 3. The ordinance may not allow for the construction of permanent improvements such as decks, patios, porches, etc. 4. The ordinance will not amend or alter the City's adopted ordinances governing alcohol consumption in public areas in Northgate. However, the parties intend to fully explore permanent businesses' ability to sell alcohol in permitted areas subject to any and all TABC regulations and approvals. G. The City Staff will provide either an additional dumpster or a compactor in the block of University Drive between College Main and Lodge Street upon receiving a written request from the NDA. The monthly fee for the additional compactor or dumpster will include the cost of the compactor or dumpster, cost of the solid waste collection and disposal, and any other enhancements or improvements required to accommodate the new compactor or enclosure. H. Sub -surface utility adjustments, including water and sewer lines, will not be required for the realization of any of the above referenced improvements because no significant amounts of existing pavements will be removed. 1. Both the City and NDA understand that any failure by the City to execute items B, C, E, and for execution of item F, a draft ordinance to recommend to NDA for review, comment, and consideration, of this Section by July 1, 2011, may result in the inability of the patties to fully realize all of the items under this Agreement. If the City fails on those items B, C, E, and F, the NDA shall be released from any and all intentions under this Agreement. If the City executes items B, C, E, and F by July 1, 2011 then the NDA will execute its responsibilities in Section 3 of this agreement. Page 3 12 Section 3 -NDA Responsibilities A. To facilitate the construction of the sidewalk as pail of Phase 1, the NDA will use its best efforts to cause the property owners along University Drive fi-om Boyett Street to College Main to dedicate a temporary construction easement to TX DOT. B. To facilitate the construction of the loading zone as part of Phase I, the NDA will use its best efforts to cause property owners along University Drive from College Main to Lodge Street dedicate right-of-way to the City from the back of the existing curb to the southern property line adjacent to University Drive, to be more particularly described by a metes and bounds description to be developed upon approval of the Agreement. a. This action will facilitate the construction of a loading zone and provide the City with the authority to enforce the time, parking and traffic restrictions associated with the loading zone, C. The NDA will use its best efforts to secure from the property owners in the block of University Drive between College Main and Lodge Street and then deliver to the City a public utility easement for the purpose of locating a solid waste compactor. The NDA will also use its best efforts to deliver a letter to the City, signed by each merchant in this block, supporting the removal of the existing trash dumpsters and the placement of trash compactors. D. Both the City and NDA understand that any failure by the NDA to secure all of the items under A, B and/or C of this Section by August 1, 2011 may result in the inability of the parties to fully realize all of the items under this Agreement. If such failure occurs, the City shall be released from any and all intentions under this Agreement including any ordinances that may have been passed in relation to Section 2 of this Agreement. However, the City fully intends to realize as much of this project as is practical or possible, Section 4 - General Terms A. This Agreement will take effect once properly approved by all parties. B. This Agreement will be fully realized once the parties have completed the Project. Page 4 13 NORTHGATE DIST. ASSOCIATION Costa Dallis, President Date APPROVED: CITY OF COLLEGE STATION By: Mayor Date ATTEST: City Secretary Date City Manager Date City Attorney Date Attachments: Attachment A: Map of Post -Construction Street Parking Assets Attachment B: Temporary Construction Easement Attachment C: Public Utility Easement Attachment D: Right -of -Way Dedication Document Page 5 14 CHAPTER 1: GENERAL PROVISIONS SECTION 13: ALCOHOLIC BEVERAGES B. POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN NORTHGATE CENTRAL BUSINESS DISTRICT. (1) Definitions The following definitions shall apply in this section: Permitted Area: Any street level portion of public sidewalks in the Northgate Central Business District, in a sidewalk area defined by the City, that tables and chairs are placed on for the sole purpose of patrons consuming food or beverages at the tables, includ Ing alcoholic beverages, served only by an adiacent permitted establishment following authorization from the City by obtaining a permit. Non Permitted Area: The remainder of the public sidewalk that Is not considered to be a Permitted Area as determined by the City. No consumption of alcoholic beverages is permitted in the Non Permitted Area, (2) On October 21, 2004, the City Council adopted and declared that open containers and public consumption in the Northgate Central Business District was a risk to the health and safety of the citizens of the City. (3) On December 20, 2004, the Texas Alcoholic Beverage Commission granted an order giving the City the authority to approve an ordinance regulating open containers and public consumption of alcoholic beverages in the Northgate Central Business District. (4) On Month Date 2011 the City Council established a process for a business of the Northgate Central Business District to obtain a permit for its customers to publicly consume alcoholic beverages in a specifically defined and permitted public space. Permitted Consumption and Possession (a) In the Northgate Central Business District, it shall be unlawful to possess an open container or publicly consume an alcoholic beverage in a Non Permitted Area. rekvtov ls— prior to installation. C�� br Q a� ✓� -1 Li ° JA `tit L� S ' "` Z(ii) Alcohol may only be consumed in the Permitted Area and any sale of any alcoholic beverages in the Permitted Area is a violation of this ordinance. (iii) At least one uniformed licensed Texas peace officer located within the permitted area shall be on duty between the hours of 10.00 PM and 2:30 AM during the operation of the Permitted Area in order to prevent alcoholic beveragesfrom being carried out or passed out of the Permitted Area. (iv) Each Permitted Area shall provide a reasonable number of signs Indicating drinking alcoholic beverages and carrying out open containers containing alcohol from the Permitted Area is strictly prohibited and a violation of this ordinance. I� 1 Co 11f,r.-f* b- q (b) This ordinance all rat be applicable to buildings >ot owne� or controlled by the City of College Station, residential structures, or licensed premises located in the Northgate Central Business District or the possession of open containers or consumption of alcoholic beverages in motor vehicles. (4) The prohibition of public consumption and possession in a Non Permitted Area shall not apply to special events granted pursuant to Chapter 4, Section 4, of the Code of Ordinances of the City of College Station. A special event providing for alcohol sales and consumption shall have a valid permit or license to sell or serve alcoholic beverages issued by the Texas Alcoholic Beverage Commission. (5) If a person possesses or has in his or her possession an open container specifically made for the purpose of containing an alcoholic beverage or is labeled as containing an alcoholic beverage, it shall be presumed that any content therein is an alcoholic beverage. (6) The Northgate Central Business District is hereby defined as the area set out on the attached map that was approved by the Texas Alcoholic Beverage Commission Order of December 20, 2004. (Ordinance No. 2791 of March 22, 2005) 2