03-90 ~ ~~'~ OF THE CITY ~ ~ OF
.- ............ ,_= ~OMM...SSION THE CITY OF
DELRAY BEACH, FLORIDA, A~.?_~FDiNC' TITLE tX, "GEIqERAL
REGULATIONS", CHAPTER 102, "S%~tEETS A~D SIDEWALKS",
OF THE CODE OF O.PDINANCES OF THE CITY OF DE~RAY
BEACH, FLORIDA, BY ENACTING A NEW SUB CHAPTER,
"SIDEWALK CAFES" A~;D ENACTING A NEW SECTION 102.60,
"DEFINITIONS" , TO PROVIDE FOR DEFINITIONS; BY
ENACTING A NEW SECTION 102.61, "PERMIT REQUIRED", TO
PROVIDE FOR PEP/41TTING OF SIDEWALK CAFES; BY
ENACTING A NEW SECTION 102.62, "PERMIT FEES", TO
PROVIDE FOR A PEPuMIT FEE OF FIFTY ($50) DOLLARS PER
YEAR TO BE PAID CONCURRENT WIT"H THE RENEWAL OF AN
OCCUPATIONAL LICENSE; BY ENACTING SECTION 102.63,
"PERMIT SUBMISSION REQUIREMENTS", TO PROVIDE FOR
SUBMISSION OF PROOF OF AN OCCUPATIONAL LICENSE,
CERTAIN SITE PLAN REQUIREMENTS, PROOF OF INSURANCE
AND HOLD-HARMLESS AGREEMENTS AT THE TiME OF APPLICA-
TION FOR A PERMIT; BY ENACTING SECTION 102.64,
"PROCESSING OF APPLICATION", TO PROVIDE FOR REVIEW
BY THE CITY ENGINEER AND TEC~I CAL ADVISORY
COMMITTEE AND THE IMPOSITION OF RESTRICTIONS AND
CONDITIONS; BY ENACTING SECTION 102.65, "GEOGRAPHIC
LIMITATION", TO PROVIDE THAT PERMITS SHALL BE ISSUED
IN THE CENTRAL BUSINESS DISTRICT (CBD) ONLY; BY
ENACTING SECTION 102.66, "REGULATIONS GOVERNING THE
USE, DESIGN AND MAINTENANCE OF SIDEWALK CAFES", TO
PROVIDE FOR LOCATIONAL REQUIREMENTS, SIGNAGE, THE
SERVING OF ALCOHOLIC BEVERAGES, HOURS OF OPERATION,
APPEARANCE, AND SAFETY RESTRICTIONS", BY ENACTING
SECTION 102 · 67, "LIABILITY AND INSURANCE", TO
PROVIDE SPECIFICS ON INSURANCE, HOLD HARMLESS AND
INDEMNIFICATION REQUIREMENTS; BY ENACTING SECTION
102.68, "DENIAL, Pd~JOCATION OR SUSPENSION OF PERMIT;
REMOVAL AND STORAGE FEES; CONCURRENT JURISDICTION OF
CODE ENFORCEMENT BOARD", TO PROVIDE FOR SUSPENSION,
DENIAL, OR REVOCATION OF A PERMIT BY THE CITY
MANAGER OR HIS/HER DESIGNEE UPON NOTICE IN NON-
EMERGENCY SITUATIONS; TO PROVIDE FOR REMOVAL AND
STORAGE FEES IF THE PERMITEE FAILS TO REMOVE THE
VESTIGES OF THE SIDEWALK CAFE, TO PROVIDE THAT
APPEALS OF THE ORDER OF THE CITY MANAGER ARE TO THE
CITY COMMISSION, TO PROVIDE THE CODE ENFORCEMENT
BOARD WITH CONCURRENT JURISDICTION BUT ONLY TO MAKE
FINDINGS OF GUILT AND TO ASSESS FINES FOR NONCOMPLI-
ANCE; BY ENACTING SECTION 102.69, "APPEALS", TO
PROVIDE THAT APPEALS OF AN ORDER OF THE CITY MANAGER
OR HIS/HER DESIGNEE SHALL BE TO THE CITY COMMISSION
AND APPEALS FROM THE CODE ENFORCEMENT BOARD SHALL BE
TO THE CIRCUIT COURT, TO PROVIDE FOR NOTICE AND TIME
FOR THE APPEAL, TO PROVIDE THAT FILING AN APPEAL
SHALL NOT STAY THE ORDER OF THE CITY MANAGER;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter 102,
"Streets and Sidewalks" of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by enacting a new
subchapter, "Sidewalk Cafes" and section 102.60, "Definitions", to read
as follows:
SIDEWALK CAFES
102.60. Definitions
For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
"Person". A person, corporation, partnership or other legal
entity.
"Sidewalk". That portion of the right-of-way between the edge
of the roadway and the adjacent property line provided for
exclusive or primary use by pedestrians.
"Sidewalk Cafe". A group of tables and chairs and permitted
decorative and accessory devices situated and maintained upon
the sidewalk used for the consumption of food and beverages
sold to the public from or in an adjoining business.
Section 2. That Title IX, "General Regulations", Chapter 102,
"Streets and S£dewalks" of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
Section 102.61, "Permit Required", to read as follows:
102.61 Permit Required
It shall be unlawful for any person to establish a sidewalk
cafe at any site unless a valid permit to operate a sidewalk cafe has
been obtained for that site, from the City pursuant to this subchapter.
The permit shall be requested on a form which shall be provided by the
City Engineer upon request. No permit shall be issued until all the
requirements of this subchapter have been met. Permits shall not be
transferable.
Section 3. That Title IX, "General Regulations", Chapter 102,
"Streets and Sidewalks", of the Cede of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting anew
Section 102.62, "Permit Fee", to read as follows:
102.62 Permit Fee
An application fee of fifty dollars ($50.00) shall accompany a
permit request. Thereafter, an annual fee of fifty dollars ($50.00)
shall be paid concu~'r~D~ ~i~h
the business which hclds the
Section 4. That Title IX, "General Regulations", Chapter 102,
"Streets and Sidewalks", of the code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting Section
102.63, "Permit Submission Requirements", to read as follows:
102.63 Permit Submission Requirements
In addition to t~e required p~r~i~ application an4 permit fee,
tSe following must be provided at the time the application is submitted.
(A) A copy of a valid occupational license.
- 2 - ORD. NO. 3-90
Site plan of the area between the store front and vehicu-
lar travel surface, drawn to a minimum scale of (One
fourth inch equals one foot) which shows:
The store front and all openings (doors, windows).
(2) The location of curb, sidewalk, and any utility
poles, fire hydrants, landscaping, or other items,
within the right-of-way and private property,
between the curb and the store front.
(3) The location of any of the above items which are
within six feet (6') of the ends of the proposed use
area; and the location of parking spaces (or use of
the street) adjacent to the proposed use area.
(4) Clear delineation of the boundary between private
property and the right-of-way.
(5) Delineation of "clear pathways" and "clear dis-
tances'' as required by Sections 102.66(E) and (F),
of this subchapter.
(6) Proposed location of chairs, tables, and other
private features.
(7) Photographs and/or manufacturer brochures depicting
the chairs, table, um%brellas and other private
features including, but not limited to, lighting to
be used in the proposed sidewalk cafe area.
(C) Proof of Insurance
(D) Hold Harmless Agreement in a form acceptable to the City.
Section 5. That Title IX, "General Regulations", Chapter 102,
"Streets and Sidewalks", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by enacting Section
102.64 to read as follows:
102.64 Processing of the Application
The City Manager or his/her designee shall review the permit
application for compliance with this subchapter and issue permits
accordingly. The applicant may appeal the City Manager's denial of the
issuance of a permit pursuant to Section 102.69.
Section 6. That Title IX, "General Regulations", Chapter 102,
"Streets and Sidewalks", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
Section 102.65, "Geographic Limitation", to read as follows.
102.65 Geographic Limitation
A permit for a sidewalk cafe shall be issued only within the
Central Business District (CBD) zoning district designation.
Section 7. That Title IX, "General Regulations", Chapter 102,
"Streets and Sidewalks", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
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ORD. NO. 3-90
Section I~ 66, "Re~alaticns Governing the Use, Design, and Maintenance
of Sidewalk Cafes", to read as follows:
102.66 Regulations Governing the Use, Design and Maintenance
of Sidewalk Cafes
(A) A sidewalk cafe shall only be established in conjunction
with a legally established restaurant and/or takeout food
store, where the food product is prepared, processed, or
assembled on the premises (for example: deli, ice cream
store, sandwich shop).
A sidewalk cafe may only be established in front of the
business and such businesses immediately adjacent to the
business with which the sidewalk'cafe is associated. The
sidewalk cafe operator must receive the permission, in a
form acceptable to the City, from adjacent businesses
before establishing the sidewalk cafe in front of such
adjacent businesses.
(C) Alcoholic beverages may be consumed at a sidewalk cafe.
(D) The use of the tables and chairs at a sidewalk cafe shall
be only for the customers of the business with which the
sidewalk cafe is associated.
{E) A clear pathway with a minimum width of five feet (5')
shall'be maintained for through pedestrian traffic. A
greater width may be required as a condition of
approval.
(F) A clear distance with a minimum of five feet (5') shall
be provided from any alley, crosswalk, fire hydrant, or
similar situation. A greater clear distance may be
required as a condition of approval.
(G) In addition to previously approved business signs, the
sidewalk cafe may have the following advertising signs:
a menu board and logos upon table umbrellas. These items
shall not require further Community Appearance Board
approval and are an exemption to requirements with the
City's sign code.
(H) Use area and/or seating capacity realized through a
sidewalk cafe use and contiguous outdoor dining areas
shall not invoke provisions of the zoning code as they
pertain to parking or other matters.
(I) Food may be carried to tables by patrons or served by a
table waiter. Food shall not be prepared in the sidewalk
cafe area.
(J) Hours of operation shall be the same as the associated
businesses.
(K) The permit may be suspended upon written notice of the
City Manager or his/her designee of the sidewalk cafe,
and removal may be ordered by the City when repairs
necessitate such action. The City however, may immedi-
ately remove or relocate all or parts of the sidewalk
cafe or order said removal or relocation in emergency
situations, without written notice.
4
ORD. NO. 3-90
Tab~es, chairs, umbrellas, and any other objec~s~ provided
within a sidewalk cafe shall be maintained in a clean and
attractive manner and shall be in good repair at all
times, ensuring a tidy and neat appearance.
(M) The sidewalk area, covered by the permit, shall be
maintained in a neat and orderly manner at all times and
the area shall be cleared of all debris on a periodic
bases during the day and again at the close of each
business day, ensuring a tidy appearance.
(N) No tables, chairs, or any other part of sidewalk cafes
shall be attached, chained, or in any manner affixed to
any tree, post, sign or other fixtures, curb or sidewalk
within or near the permitted area.
Section 8. That Title IX, "General Regulations", Chapter 102,
"Streets and Sidewalks", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
Section 102.67, "Liability and Insurance", to read as follows:
102.67 "Liability and Insurance
(A) Prior to the issuance of a permit, the applicant shall
furnish a signed statement that the permitee shall hold
harmless the City, its officers and employees and shall
indemnify the City, its officers and employees from any
claims for damages to property or injury to persons which
may be occasioned by any activity carried on under the
terms of the permit.
(B) Permitee shall furnish insurance and insurance certifi-
cate and maintain such public liability, food products
liability, and property damage insurance from all claims
and damages to property or bodily injury, including
death, which may arise from operations under the permit
or in connection therewith. Such insurance shall provide
coverage of not less than three hundred thousand dollars
($300,000) for bodily injury, and property damage respec-
tively, per occurrence. Such insurance shall name the
City, its officers and employees as additional insureds
and shall further provide that the policy shall not
terminate or be cancelled without thirty (30) days
written notice to the City.
Section 9. That Title IX, "General Regulations", Chapter 102,
"Streets and Sidewalks", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
Section 102.68, "Denial, Revocation, or Suspension of Permit; Removal
and Storage Fees; Emergencies", to read as follows:
102.68 Denial, Revocation, or Suspension of Permit;
Removal and Storage Fees~ Concurrent Jurisdiction of the
Code Enforcement Board
(A) The City Manager or his/her designee may deny,
revoke, or suspend a permit of any sidewalk cafe in
the City if it is found that:
(1) Any necessary business or health permit has
either been suspended, revoked, or cancelled or
has lapsed.
5
ORD. NO. 3-90
, w,~_h is
(?' T~e p~rm~.~ee Joes not ha~e insuranc~ ' ~:~
correc~ and sffective in th~ minimum amount
described in Section 1~2.67 of this subchapter.
(3) Changing conditions of pedestrian or vehicular
traffic cause congestion necessitating removal
of the sidewalk cafe, in order to avoid danger
to the health, safety or general welfare of
pedestrians or vehicular traffic.
(4) The permitee has failed to correct violations
of this subchapter or conditions of permitting
within three (3) days of receipt of written
notice of same.
(B) The City may remove or relocate or order the removal
or relocation of tables and chairs and other
vestiges of the sidewalk cafe and a reasonable fee
charged for labor, transportation, and storage,
should the permitee fail to remove said items within
thirty-six (36) hours of receipt of the written
notice from the City Manager ordering removal or
relocation. However, in the event of an emergency,
no written notice of relocation or removal shall be
given and relocation and/or removal shall commence
immediately.
(C) The permitee may appeal the order of the City
Manager pursuant to Section 102.69.
(D) The Code Enforcement Board shall have concurrent
jurisdiction over violations of this subchapter, but
may only assess fines for noncompliance with the
requirements of this subchapter.
Section 10. That Title IX, "General Regulations", Chapter
102, "Streets and Sidewalks", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended by enacting a
new Section 102.69, "Appeals", to read as follows:
102.69 Appeals
(A) Appeals of the decision of the City Manager or
his/her designee shall be initiated within ten (10)
days of a permit denial, revocation, or, suspension,
or of an order of removal or relocation by filing a
written notice of appeal with the City Manager.
(B) The City Manager shall place the appeal on the first
available regular City Commission agenda. At the
hearing on appeal, the City Commission shall hear
and determine the appeal, and the decision of the
City Commission shall be final and effective immedi-
ately.
(C) The filing of a Notice of Appeal by a permitee shall
not stay an order of the City Manager or his/her
designee regarding the suspension, revocation,
denial of the permit or the relocation or removal of
the vestiges of the sidewalk cafe. Vestiges of the
sidewalk cafe shall be removed as set forth in this
subchapter, pending disposition of the appeal and
the final decision of the City Commission.
6
ORD. NO. 3-90
(D) Appeals from the decision of the Code Enforcement
Board shall be to the Circuit Court and not to the
City Commission.
Section 11. That should any ~ection or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 12. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 13. That this ordinance shall become effective ten
(10) days from its passage upon second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 27th day of February · 1990.
MAYOR
ATTEST:
City Cle~
First Reading February 13, 1990
Second Reading February 27, 1990
7
ORD. NO. 3-90
OF THE CODE
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