As used in this article, the following terms shall have the
meanings indicated:
SIDEWALK CAFE
Any area situated on a public sidewalk where food, refreshments,
and alcoholic beverages are sold by a restaurant, delicatessen, ice
cream shop, or coffee shop (hereinafter "operating establishments")
for public consumption at tables or counters located on the public
sidewalk fronting the operating establishment.
STREET FIXTURES
A physical object located within a public sidewalk. Examples
of street fixtures are streetlights, trees, and any surrounding landscaped
area, planters, benches, signs, and parking meters.
STREET FURNITURE
Any proposed physical object located within the sidewalk
cafe area within a public sidewalk. Examples of street furniture may
be, but are not limited to, tables, chairs, umbrellas, umbrella stands,
covered trash receptacles, hostess podiums, counters, and waiter/waitress
stations.
Sidewalk cafes shall operate only as authorized pursuant to this article. The provisions of this article shall apply to sidewalk cafes even if the adjacent street is temporarily closed. This article does not apply to food and beverage concessions permitted by the Town in conjunction with festivals and other public events. The provisions of §
62-6 of the Town Code pertaining to the consumption of alcoholic beverages in public places shall not apply to sidewalk cafes which are authorized by this article.
The setup of any proposed street furniture may start 1/2 hour before the opening of business hours. Service may not start until the opening of business hours. Prior to and at regular intervals during operation, the sidewalk cafe area must be cleared of all garbage and debris. Any garbage or debris resulting from the sidewalk cafe on adjacent properties is subject to penalties pursuant to Chapter
150 of the Town Code. Service at a sidewalk cafe shall end by 11:00 p.m. The cafe area shall be cleared of all furniture, debris, garbage, and obstructions to the sidewalk no later than midnight.
An operating establishment shall not sell, serve, or allow consumption
of alcoholic beverages on its sidewalk cafe without obtaining the
required license from the County Alcoholic Beverage Control Board.
Alcoholic beverages shall be served on the sidewalk cafe only in conjunction
with the service of food. Notwithstanding any contrary or different
hours of operation in its alcoholic beverage license, an operating
establishment shall not sell, serve, or allow consumption of alcoholic
beverages in its sidewalk cafe after the sidewalk cafe's closing
time.
Except as explicitly stated in the permit, all sidewalk cafe
furniture shall be readily movable and shall be stored indoors when
not in use. No permanent structures or improvements shall be installed
on any sidewalk or other public property.
The holder of a sidewalk cafe permit shall fully insure, indemnify,
defend, and hold the Commissioners of Ridgely and, in their capacity
as such, the officers, agents, and employees thereof harmless from
and against any and all claims and damages in any way arising out
of or through the acts or omissions of the permit holder or its employees
in the construction, operation, maintenance, use, placement, or condition
of the sidewalk cafe. An applicant for a sidewalk cafe shall provide
proof of such insurance before a permit may be issued or renewed under
this article.
The following are prohibited in the cafe area: cooking of food;
unshielded trash or refuse storage; advertisements (exclusive of menus
intended to be read from the cafe); outdoor entertainment, music speakers,
or public address systems; and exclusively carry-out transactions.
The provisions of this article shall be enforced by the Town's
code enforcement officials. A person who continues to violate this
article after written request to take corrective action is guilty
of a municipal infraction and is subject to a fine as established
by resolution of the Commissioners of Ridgely. Any legal and/or administrative
costs incurred by the Town of Ridgely or its employees associated
with this violation shall be borne by the owner of the property adjacent
to the sidewalk. In addition, the Town Commissioners may revoke or
suspend a permit issued pursuant to this article upon a second or
subsequent infraction under this section in any twelve-month period.