Sidewalk Use Limited; Outdoor Seating Area Permit. No business may use a public sidewalk or pedestrian mall to seat its patrons without first obtaining a permit for an outdoor seating area issued by the City. No person shall place tables, chairs, or other seating on a public sidewalk or pedestrian mall in conjunction with a business without first obtaining a permit for an outdoor seating area that is issued by the City. A business that regularly and customarily sells food or drink may obtain a permit from the City to operate an outdoor seating area on the terms and conditions set out in this section. The permit shall specify the specific area to be used for outdoor seating, the furniture to be used within the outdoor seating area, and the proposed arrangement of the furniture. An outdoor seating area permit authorizes a limited use of the public sidewalk or pedestrian mall so long as that private use does not interfere with the public interest or public use of the sidewalk. The City may temporarily suspend a permit holder’s use of an outdoor seating area for any reason and for any length of time. During periods of temporary suspension, the permit holder must remove its furnishings from the outdoor seating area and shall not use the area. Outdoor seating areas may be prohibited during special events, parades or pickets, or for any other reason deemed appropriate by the City. The City will endeavor to give permit holders reasonable advance notice before issuing a temporary suspension, including a suspension related to a special event, parade, or picket. Notwithstanding the foregoing, this specifically exclude any furnishings owned by Pavilion tenants located within an Outdoor Seating Easement or Pavilion Operational Easement, as defined in the City Plaza Agreement and recorded the City Plaza Agreement as recorded in Book 13233, Page 1672, in the Wake County Register of Deeds, as amended by the First Amendment to the City Plaza Agreement recorded in Book 13885, Page 1656, in the Wake County Register of Deeds, as defined and described therein. The City will endeavor to give permitted businesses a minimum of (24) hours advanced notice, using information as provided on the permit application or renewal, of any pressure washing of the sidewalk or pedestrian mall to allow for the relocation of outdoor furniture. Sidewalk Areas Eligible for Outdoor Seating. An outdoor seating area shall meet all of the following requirements:
An outdoor seating area may be used only by the permitted business identified in the permit and only for the seating of patrons in the furniture provided by the permit holder. A permit holder may place one host station, removable tables, chairs, or other items used in conjunction with seating within an outdoor seating area in the arrangement shown on the permit. No cash registers, tents, minibars or similar appurtenances shall be permitted. Furniture in an outdoor seating area shall be kept clean and in good repair. A permit holder may rearrange or reconfigure approved tables, chairs, and other furnishings in the permitted outdoor seating areawithout submitting a new application and without any fee only if: No prior rearrangement or reconfiguration had been submitted within the permit year. The Permit Holder within seven (7) days of the reconfiguration provides the department with a scaled drawing or site plan of architectural design standard quality of the new placement; and The furnishings or their new placement do not: Extend outside of the approved area; Constitute a danger to the health or safety of a patron or the public; or Otherwise violate the terms of the permit. Outdoor seating shall be open to the air, except that seating may be located under approved umbrellas, awnings, or canopies. A permit holder must provide stanchions or other portable, visible, barrier between the approved outdoor seating area and the remainder of the public sidewalk whenever the outdoor seating area is in use. Nothing be permanently affixed to a sidewalk or to other public property. The permit holder and the permitted business not operate outside the area specified in the permit.