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) “Sidewalk Sale” means a commercial sale or display of goods, products, wares, merchandise, services or material related to services, any one or all of which is sold or displayed on a sidewalk immediately contiguous to the building/commercial premises within which the vendor has for permitted commercial sale of products, or services.
(c) “Permit” means a temporary public right-of-way occupancy permit authorized by Section 515.02 of the Codified Ordinances.
(d) “Permittee” means the person who owns the business immediately contiguous to the sidewalk sale and is permitted to occupy an area of the public right-of-way for the purpose of a sidewalk sale.
(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. 928-04. Passed 7-14-04, eff. 7-23-04)
Notwithstanding any codified ordinance to the contrary, the Director of Public Service is authorized to issue temporary public right-of-way occupancy permits revocable at the will of the Council authorizing a Sidewalk Sale at locations approved by resolution of Council 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 will not be required for a Sidewalk Sale. An owner or operator of a business establishment who obtains a permit under this Chapter is exempt from the license and permit requirements of Chapter 675, ‘Peddlers and Produce Dealers’, if the Sidewalk Sale is limited to the sale or display of the same goods, products, wares, merchandise, services or material related to services as those that the owner or operator sells or displays inside the immediately contingent building or commercial premises.
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 a Sidewalk Sale 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 515.09 and 515.99 of this Chapter.
(Ord. No. 928-04. Passed 7-14-04, eff. 7-23-04)
Application for a permit shall be made to the Director in a form deemed appropriate by him.
(Ord. No. 928-04. Passed 7-14-04, eff. 7-23-04)
(a) An application for a permit shall be accompanied by a fee of $50.00 for each sidewalk sale location for which a permit is desired. The Director shall notify the Council Member in whose ward the location is situated that an application for a permit has been received. If the applicant is not issued a permit the fee shall be refunded.
On approval of the application by Director of Public Safety, the Director of Public Service, the Director of the City Planning Commission, the Director of Public Service shall issue a permit in accordance with this Chapter. Denial of a permit may be appealed to the Board of Zoning Appeals.
The processing of a complete application shall not take more than thirty (30) days and in the event the application is not processed within thirty (30) days, the applicant shall be entitled to a refund of the permit fee.
(b) A permittee located in the Central Business District may receive a permit valid for six (6) months, during which the Permittee may conduct a Sidewalk Sale only one day a week, on the same day every week. A Permittee seeking this Permit must state in the Permit Application what day of the week Permittee will conduct the Sidewalk Sale.
A location in the Central Business District may not receive more than one permit per year.
(c) Permits for all locations not in the Central Business District shall be valid for three days. A location outside of the Central Business District may not receive more than two permits per year.
(Ord. No. 928-04. Passed 7-14-04, eff. 7-23-04)
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 Sidewalk Sales. The Director shall consider the operation and location of the Sidewalk Sale, 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 merchandise, 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) Sidewalk Sales shall not obstruct emergency exits or fire standpipes;
(b) Sidewalk Sales shall not occupy any portion of the roadway or within two (2) feet of the curb;
(c) Sidewalk Sales 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.
(Ord. No. 928-04. Passed 7-14-04, eff. 7-23-04)
At any time during the Sidewalk Sale that it is requested, Permittee shall immediately produce the Permit.
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 merchandise and other structures;
(d) The expiration date of the permit; and
(e) Any other information the Director deems necessary.
(Ord. No. 928-04. Passed 7-14-04, eff. 7-23-04)
(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 Sidewalk Sale shall be placed only on the location set forth in the permit.
(c) No Sidewalk Sale shall operate earlier than 8:00 a.m. nor later than 9:00 p.m. All merchandise, and other structures shall be removed from the sidewalk at the end of the permitted hours of operation.
(d) Permittees and their agents shall obey any order of a police officer or other emergency personnel to remove their merchandise and other structures from the public right-of-way if necessary to avoid congestion or obstruction in an emergency.
(e) Permittees and their agents shall be responsible for maintaining all Sidewalk Sale structures and associated equipment in good repair, and in a safe, sound and non-hazardous condition.
(f) Permittees and their agents shall be responsible for keeping the general area around the permitted location free of litter.
(g) No banner, pennant, or sign shall be displayed as a part of any outdoor display except under a permit issued by the City of Cleveland.
(h) No permit shall be transferable in any manner.
(i) All merchandise sold at a Sidewalk Sale shall be of the type and nature sold by the business immediately adjacent to the Sidewalk Sale.
(j) A permit is valid only when used at the location designated in the permit.
(Ord. No. 928-04. Passed 7-14-04, eff. 7-23-04)
(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.
(b) The Director shall give written notice of suspension or revocation of the permit to the permittee or his agent stating the reasons for the suspension or revocation. If the reason for the suspension or revocation is that the permittee does not currently have an effective insurance policy as required by division (h) of Section 515.03, 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, afterwards unless, within five (5) days of receipt of notice, the permittee requests a hearing before the Director. The Director shall hold the requested hearing, at which time the permittee shall be afforded the opportunity to give the permittee's 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. 928-04. Passed 7-14-04, eff. 7-23-04)
Any merchandise and other associated equipment placed in a public sidewalk, court, alley, street or other public right-of-way without a permit issued under 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 merchandise, and other associated equipment are to be removed shall be notified and asked to immediately begin to remove the merchandise and other associated equipment and to complete the removal within a reasonable amount of time. If the property owner or operator of the business establishment fails to remedy the violation, the City may seize and remove the merchandise, and other associated equipment.
Notwithstanding any other provisions of this Chapter, the City may seize any merchandise, and other associated equipment, whether placed with or without a permit, without prior notice if the merchandise, 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 merchandise, 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 merchandise, and other associated equipment properly seized pursuant to this section, the owner of such merchandise, and other associated equipment shall pay an impound fee covering the actual cost to the City of transporting and storing such merchandise, and other associated equipment.
(Ord. No. 928-04. Passed 7-14-04, eff. 7-23-04)
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 Sidewalk Sale and the services provided in connection therewith.
(Ord. No. 928-04. Passed 7-14-04, eff. 7-23-04)
The Director may promulgate such regulations, not inconsistent with the provisions of this Chapter, establishing procedures for the issuance of permits.
(Ord. No. 928-04. Passed 7-14-04, eff. 7-23-04)
Whoever violates any provision of this Chapter is guilty of a minor misdemeanor on the first offense and may be enforced by the issuance of a citation in accordance with Criminal Rule 4.1 by any police officer or any other City employee whose duties include the issuance of minor misdemeanor citations under the authority of a special police commission granted under Charter Section 117. On the second and any subsequent offense, the offender is guilty of a misdemeanor of the third degree.
(Ord. No. 928-04. Passed 7-14-04, eff. 7-23-04)