CROSS REFERENCES
Temporary public right-of-way occupancy permits for business signs, CO Ch 512
Retail business signs in public right-of-way, CO Ch 512A
When used in this Chapter, the following words shall have the following meanings:
(a) "Director" means the Director of Public Service or his designee.
(b) "Outdoor Restaurant" means a portion of a public sidewalk, court, alley, street, or other public right-of-way that is used by a business establishment to serve food and beverage.
(c) "Permit" means a temporary public right-of-way occupancy permit authorized by Section 513.02 of the Codified Ordinances.
(d) "Permittee" means the person who owns the outdoor restaurant permitted to occupy an area of the public right-of-way.
(e) "Right-of-way" means any sidewalk, court, alley, street or other area dedicated or otherwise designated for public use and held by the City.
(f) "Unobstructed Walk" means a clear, continuous paved surface free of tree grates, elevator grates and all vertical obstructions.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)
Notwithstanding any codified ordinance to the contrary, the Director of Public Service is hereby authorized to issue temporary public right-of-way occupancy permits revocable at the will of the Council authorizing the placement of outdoor restaurants at permitted locations on sidewalks, courts, alleys, streets or other public rights-of-way in the City, subject to the provisions of this Chapter. A separate encroachment permit for such outdoor restaurants shall not be required.
No owner or operator of a business establishment shall occupy any portion of a public sidewalk, court, alley, street or other public right-of-way with an outdoor restaurant without first obtaining a permit in accordance with this Chapter. Any business owner or operator occupying any portion of a public sidewalk, court, alley, street or other public right-of-way without a permit as required by this Chapter shall be subject to the fines and penalties set forth in Sections 513.09 and 513.99 of this Chapter.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)
Application for a permit shall be made to the Director in a form deemed appropriate by him. Such application shall include, but not be limited to, the following information:
(a) Name, phone number and address of the applicant;
(b) Name and address of the business establishment seeking the temporary occupancy permit;
(c) A description of the proposed area, with photographs, to be occupied by the outdoor restaurant and the hours and days of operation;
(d) Detailed plans drawn to scale showing the locations, number and arrangement of tables, chairs, and other structures, the location of the pedestrian diverters planned to demarcate the occupied area, the location of the entrance to the establishment, the locations of fire exits or fire escapes, and the nature and location of any existing sidewalk obstructions;
(e) A description of the tables, chairs, pedestrian diverters, and other structures, including information about the composition.
(f) A signed statement that the applicant is the owner of the business establishment immediately adjacent to the proposed area to be occupied by an outdoor restaurant;
(g) A description of the type of food and beverage to be served;
(h) If applicable, a copy of the applicant's liquor permit, expansion permit, and a complete copy of the expansion permit application submitted to the Division of Liquor Control.
(i) Evidence that all required health licenses, including, but not limited to, the license required by section 241.22 of the Codified Ordinances, have been obtained or have been applied for; and
(j) A signed statement that the permittee shall hold harmless the City of Cleveland, its officers and employees and shall indemnify the City of Cleveland, its officers and employees for any claims or damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect permittee and the city from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage in an amount of not less than One Million Dollars ($1,000,000.00) on account of an accident involving injuries, including death, to one or more persons and property damage insurance in an amount of not less than One Million Dollars ($1,000,000.00), or a combined single limit of One Million Dollars ($1,000,000.00) provided however, that this insurance requirement shall not be construed to limit permittee's indemnification obligations to the above-required limits of insurance. Such insurance shall also name the City of Cleveland as an additional insured, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the expiration date of the permit without thirty (30) days' written notice to the Director.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)
(a) An application for a permit shall be accompanied by a fee of two hundred dollars ($200.00) for each outdoor restaurant for which a permit is desired. If the applicant is not issued a permit, the fee shall be refunded, except one hundred dollars ($100.00) for administrative expenses.
(b) On approval of the application by the Director of Public Health, the Director of Public Safety, the Director of Public Service, the Director of the City Planning Commission, the Secretary of the Landmarks Commission, as applicable, and on compliance with the Council notification provision described below, the Director of Public Service shall issue a permit under this Chapter. Denial of a permit may be appealed to the Board of Zoning Appeals.
(c) No permit shall be issued until the members of Council of the wards affected have been provided with written notice by the Director of Public Service and until the expiration of thirty (30) days from the date of the notice, unless the period of thirty (30) days is expressly waived by the Council members in writing. The processing of a complete application shall not take more than ninety (90) days and in the event the application is not processed within ninety (90) days, the applicant shall be entitled to a refund of the permit fee.
(d) Permits shall be valid for a twelve month period, commencing April 1st and ending March 31st. Permits may be renewed, on a form provided by the Director, for the following season provided all the requirements of this Chapter are met, and no changes have been made from the previous approved application. The permit renewal fee shall be one hundred dollars ($100.00) for each outdoor restaurant. If there are changes to the application, a new application must be made under this application and the appropriate permit fee shall accompany the application.
(Ord. No. 104-08. Passed 4-21-08, eff. 4-28-08)
The Director, consistent with the provisions of this chapter and the zoning code, shall establish rules and regulations as the Director deems proper with respect to permitted locations for the operation of outdoor restaurants. The Director shall consider the operation and location of the outdoor restaurant, the maintenance of the business establishment requesting a permit, the proximity and location of emergency exits, fire standpipes, fire hydrants, driveways, handicap ramps, handicapped parking zones, commercial loading and unloading zones, the condition of the sidewalk, and other factors he deems relevant. The Director may modify the rules and regulations as he deems necessary.
The issuance of permits and the maintenance of tables, chairs, and other structures shall be subject to the rules and regulations established by the Director, the zoning code and the following conditions and restrictions:
(a) Outdoor restaurants shall not obstruct emergency exits or fire standpipes;
(b) Outdoor restaurants shall not occupy any portion of the roadway or within two (2) feet of the curb;
(c) Outdoor restaurants shall not be permitted within six (6) feet of any fire hydrant, within five (5) feet of any driveway, within three (3) feet of any sidewalk handicap ramp, or within that portion of the sidewalk parallel to an area designated for parking, handicapped parking or commercial loading and unloading; and
(d) At any location where the clear, continuous, unobstructed sidewalk for the passageway of pedestrians is reduced to less than six (6) feet with the exception of the following areas which shall have clear, continuous unobstructed sidewalk at width of no less than ten (10) feet:
(1) Public Square;
(2) East 9th Street between Carnegie and the East 9th Street Pier, Lakeside Avenue, St. Clair Avenue and Superior Avenue between Ontario Street and East 13th Street; and
(3) Ontario Street between Carnegie Avenue and Lakeside Avenue, East 6th Street between Superior Avenue and Lakeside Avenue.
(Ord. No. 72-03. Passed 5-12-03, eff. 5-21-03)
Permits shall be issued in such a manner that they are distinguishable from liquor permits issued by the State of Ohio and shall be posted in a conspicuous location in a window or other readily visible location of the frontage of the applicant's business establishment. The permit shall be protected from the weather as necessary and shall be clearly visible from the public sidewalk, court, alley or street and not obstructed by awnings, landscaping or other impediments.
Each permit shall contain the following information:
(a) The name and address of the permittee;
(b) A description of the permitted location;
(c) A description of the tables, chairs and other structures;
(d) A statement indicating whether the permittee is authorized by the State of Ohio to serve alcohol in the outdoor restaurant.
(e) The expiration date of the permit; and
(f) Any other information the Director deems desirable.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)
(a) Permittees and their agents shall comply with all of the requirements of this chapter and any applicable state law, while engaged in business at permitted locations.
(b) The outdoor restaurant shall be placed only on the location set forth in the permit.
(c) An outdoor restaurant located in the Central Business District shall not operate earlier than 6:00 a.m. nor later than 12:00 midnight. An outdoor restaurant located in any district other than the Central Business District shall not operate earlier than 6:00 a.m. nor later than 11:00 p.m.
(d) Permittees and their agents shall obey any order of a police officer or other emergency personnel to remove their tables, chairs and other structures from the public right-of-way if necessary to avoid congestion or obstruction in an emergency.
(e) Permittees shall maintain all required health licenses, including, but not limited to, the license required by Section 241.22 of the Codified Ordinances.
(f) Permittees and their agents shall be responsible for maintaining all outdoor restaurant structures and associated equipment in good repair, free of corrosion and in a safe, sound and nonhazardous condition.
(g) Permittees and their agents shall be responsible for keeping the general area around the permitted location free of litter and shall provide a suitable container for the placement of paper, wrappers, and other similar items used by customers and others within the permitted area. Permittees and their agents shall maintain at least six (6) feet of unobstructed walk as required by the Director of Public Service, which shall be free of snow at all times, as required by Section 507.13.
(h) Permittees shall not cook food in the outdoor restaurant.
(i) Permittees shall not place signs in the outdoor restaurant, except under a permit issued by the City of Cleveland.
(j) No permit shall be transferable in any manner.
(k) A permit is valid only when used at the location designated in the permit.
(Ord. No. 104-08. Passed 4-21-08, eff. 4-28-08)
(a) The Director may suspend or revoke the permit of any permittee if the permittee or his agent fails to abide by the provisions of these Codified Ordinances or state law, or if any required health license has been suspended or revoked.
(b) The Director shall give written notice of suspension or revocation of the permit to the permittee or his agent stating the reasons therefor. If the reason for the suspension or revocation is that a required health license has been suspended or revoked or that the permittee does not currently have an effective insurance policy as required by division (h) of Section 513.03, the action shall be effective upon giving such notice to the permittee or to his agent. Otherwise, such notice shall contain the further provision that the action shall become final and effective ten (10) days thereafter unless, within five (5) days of receipt of notice, the permittee requests a hearing before the Director. The Director shall forthwith hold the requested hearing, at which time the permittee shall be afforded the opportunity to give his version of the facts which gave rise to the Director's action. After the hearing the Director shall determine whether to proceed with the action or to rescind it.
(c) The action of the Director may be appealed to the Board of Zoning Appeals.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)
Any tables, chairs and other associated equipment placed in a public sidewalk, court, alley, street or other public right-of-way without a permit issued pursuant to this section may be seized and removed. Prior to such seizure and removal, the property owner or operator of the business establishment fronting on the public right-of-way from which the tables, chairs and other associated equipment are to be removed shall be notified and given two (2) days in which to remedy the violation. If the property owner or operator of the business establishment fails to remedy the violation, the City may seize and remove the tables and chairs and other associated equipment.
Notwithstanding any other provisions of this Chapter, the City may seize any tables and chairs and other associated equipment, whether placed with or without a permit, without prior notice if the tables and chairs and other associated equipment are placed in the public right-of-way in such a place or manner as to pose an immediate and serious danger to persons or property or if the condition of the tables, chairs, and associated equipment renders them unsafe, unsound or hazardous so as to pose an immediate and serious danger to persons or property. After seizure, the City shall promptly notify the owner or operator of the business establishment and such individual shall have the right to request an informal hearing before the Director within ten (10) days after such notification to determine whether the seizure was proper.
As a condition of recovering any tables and chairs and other associated equipment properly seized pursuant to this section, the owner of such tables and chairs and other associated equipment shall pay an impound fee covering the actual cost to the City of transporting and storing such tables and chairs and other associated equipment.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)
The Permittee shall be responsible for all charges and all federal, state or local taxes, including property taxes, which may now or hereafter be imposed or levied upon the outdoor restaurant and the services provided in connection therewith.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)
The Director may promulgate such regulations, not inconsistent with the provisions of this Chapter, establishing procedures for the issuance of permits.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)
Whoever violates any provision of this Chapter shall be guilty of a misdemeanor of the third degree. Each day during which noncompliance or a violation continues shall constitute a separate offense.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)