[Ord. No. 676 §1, 3-10-1975]
The offering for sale or sale of any merchandise or other items by any person, corporation, organization or firm on city streets, alleyways or real estate owned or controlled by the City is hereby prohibited, except under the conditions or times set forth herein.
[Ord. No. 676 §2, 3-10-1975; Ord. No. 1078 §1, 2-25-1991]
A. 
Merchandise or other items may be displayed or offered for sale or sold on the sidewalk portion of public streets within the City of Hermann upon first receiving a permit therefor from the City Clerk, but only if the following conditions first be met:
1. 
Merchandise or other items to be sold or offered for sale will be displayed only upon the sidewalk portion of the public streets; and
2. 
The merchandise or other items to be sold will not be located or displayed in such a manner as to impede or hamper pedestrian traffic or cause the diversion of such pedestrian traffic from such sidewalk portion of any street; and
3. 
The person, corporation, organization, or firm displaying or offering the merchandise or items for sale must own, lease or control the real estate immediately abutting that portion of sidewalk on which the merchandise or items displayed or offered for sale are located; and
4. 
Merchandise or items offered for sale must be removed from such sidewalk at the close of the business day and no later than 9:00 P.M. of each day; and
5. 
Notwithstanding any other provision of this Article, no merchandise or other items may be displayed or offered for sale or sold on the sidewalk portion of any public street within the City of Hermann during any portion of a festival or special event, as said terms are defined in Section 615.020 of this Title.
6. 
Coin-operated vending machines and other similar machines and devices, as defined in Chapter 605 of this Title and for which a coin-operated machine license has been issued and affixed to the machine as required in said Chapter, may be located on the sidewalk portion of public streets in business districts of the City of Hermann, provided that the placement thereof not impede or hamper pedestrian traffic or cause the diversion of such pedestrian traffic from such sidewalk portion of any street.
[Ord. No. 676 §3, 3-10-1975]
All businesses having current city licenses for sale at retail or wholesale need not make special application for permit to sell or offer for sale merchandise or other items under conditions and terms under Section 610.090 as the license obtained will include a permit to sell or offer for sale merchandise or other items under the terms and conditions set forth in Section 610.090.
[Ord. No. 676 §4, 3-10-1975]
The Board of Aldermen may grant from time to time a special permit for sale or offering for sale merchandise or other items under terms, conditions and sites other than those set forth under Section 610.080.
[Ord. No. 676 §6, 3-10-1975]
Regardless of anything to the contrary contained in this Article, persons selling farm produce from truck or hand cart on a day to day basis are exempted from this Article; however, such persons are required to obtain a permit as provided under other ordinances of the City. Persons who are not in the business of the sale of automobiles who offer for sale their personal automobile or other vehicle by placing a placard on the vehicle, showing it for sale, and where the vehicle is used regularly by such person, are exempt from the provisions of this Article.
[Ord. No. 903 §31, 6-27-1983]
Violation of any provision of this Article shall be a misdemeanor. Each day any such violation continues shall constitute a separate offense.
[Ord. No. 1780 §1, 4-13-2009; Ord. No. 1818 §1, 5-10-2010]
A. 
Definitions, Standards and Criteria.
1. 
Intent and purpose. It is the intent and purpose of this Section to allow restaurant outdoor seating ("outdoor seating") upon City right-of-way through the issuance of outdoor seating permits to control and limit any adverse impact on pedestrian traffic, neighboring businesses and other uses of the right-of-way. It is not the intent of this Section to allow restaurant outdoor seating for bars or taverns who would use the outdoor area to serve exclusively alcoholic beverages.
2. 
Definitions. When used in this Section, the following words shall have the following meanings:
OUTDOOR SEATING
A use located on a public sidewalk that is associated with a restaurant where food and beverages are served, sold and are delivered for consumption on the sidewalk. Outdoor seating is characterized by tables and chairs.
PERMIT
A revocable outdoor seating permit issued pursuant to this Section.
PERMITTEE
The recipient of an outdoor seating permit.
RESTAURANT
A food service establishment that is maintained and operated as a place where food and beverages are prepared, served and sold for consumption on the premises.
RIGHT-OF-WAY
Land in which the City has an easement or is the fee simple interest owner by dedication or otherwise that is used or required for use as a sidewalk, street or alley.
SIDEWALK
That portion of the right-of-way which is located between the curb line or the lateral line of a street and the property owner's parallel-running property line and which is intended for use by pedestrians.
STREET
That portion of a right-of-way improved, designed and ordinarily used for vehicular traffic or parking.
3. 
Standards, criteria and conditions. The following standards, criteria and conditions shall apply to the establishment and operation of outdoor seating:
a. 
Outdoor seating is restricted to the sidewalk frontage of the property where the restaurant is located. The design of outdoor seating areas shall be such that there remains a free flow of pedestrian access on the sidewalk.
b. 
No outdoor seating permit shall be issued where the tables and chairs would be placed within five (5) feet of fire hydrants, non-pedestrian alleyways, a pedestrian crosswalk or a handicapped corner curb cut.
c. 
No object shall be permitted around the perimeter of the outdoor seating area which would have the effect of obstructing the pedestrian path.
d. 
Tables, chairs, umbrellas and other permissible objects provided within the outdoor seating area shall be of sufficient quality, design, materials, size, elevation and workmanship to ensure the safety and convenience of users.
e. 
Tables, chairs, umbrellas and other permissible objects provided in the outdoor seating area shall be maintained with a clean appearance and shall be in good repair at all times.
f. 
A maximum of one (1) menu/specials board shall be permitted per outdoor seating area. The board shall be in compliance with all applicable sign ordinances.
g. 
The outdoor seating area permit may be transferred to a new owner only for the location and area listed on the permit. The transferee of the permit shall be required to comply with all provisions of this Section, including applicable insurance requirements.
h. 
The Mayor may require the temporary removal of outdoor seating areas when street, sidewalk or utility repairs necessitate such action.
i. 
The Mayor may order the immediate removal or relocation of all, or parts of, outdoor seating areas in emergency situations or for safety considerations, without notice. The City and its officers and employees shall not be responsible for outdoor seating area fixtures relocated during the emergencies.
j. 
The permittee shall assure that its use of the outdoor seating area in no way interferes with sidewalk users or limits their free, unobstructed passage and shall provide a width for passage of at least five (5) feet, unless a greater width is required by the Americans with Disabilities Act ("ADA"), in which case, the permittee shall provide the width required by the ADA.
k. 
The area covered by the permit, including the sidewalk, curb and gutter immediately adjacent to it, and all sidewalk frontage of the restaurant for which the permit is issued, shall be maintained in a neat and orderly appearance at all times by the permittee. The area shall be kept clear of all debris. The permittee shall also be responsible for cleaning the ground or floor surface on which the outdoor seating area is located and the gutter area immediately adjacent to the outdoor seating area. If the area covered by the permit is not maintained in a neat and orderly appearance then, after twenty-four (24) hours' written notice, the City may take steps necessary to place the property in a neat and clean order and charge the permittee with the reasonable cost of repairs. Such action by the City does not create a continuing obligation on the part of the City to make further repairs or to maintain the property and does not create any liability against the City for any damages to the property if such repairs were completed in good faith. The City may also, as the City's option, revoke the permittee's permit.
l. 
No advertising signs or business identification signs shall be permitted in the public right-of-way.
m. 
No tables, chairs or any other parts of outdoor seating areas shall be attached, chained or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk in or near the permitted area.
n. 
Permitted outdoor seating areas shall be included when determining the requirements for parking and bathroom facilities of the restaurant.
o. 
No cooking or fire apparatus shall be allowed on the public sidewalk whether or not such area is covered by this permit.
p. 
Only the outdoor seating area equipment specifically shown on the approved site plan drawing references herein shall be allowed in the permit area. The estimated chair count per table may vary within the prescribed area. No permanent storage of chairs, tables, dishes, silverware or other outdoor seating area equipment shall be allowed in the permit area, in any portion of the public right-of-way or outside the structural confines of the building in which the restaurant is located; however, the permittee may maintain such non-permanent structures as rolling service stations in the permit area during hours of operation.
q. 
There shall be no live entertainment or speakers placed in the permit area unless approved and properly permitted by the City.
r. 
The City shall, as deemed necessary, inspect all outdoor seating areas for which permits have been issued to determine whether such outdoor seating areas conform to the criteria set forth in this subdivision.
s. 
The hours of operation for an outdoor seating area shall be the hours of operation of the permittee's restaurant.
t. 
Section 600.370 of this Code, which otherwise prohibits drinking and possessing open containers of alcohol in public places, shall not be enforceable against patrons of a duly permitted restaurant seating area so long as open containers of alcohol remain within the permitted outdoor seating area and are only available for consumption during the outdoor seating area's hours of operation.
u. 
Temporary lighting may be used, as approved. Permanent lighting shall not be permitted.
v. 
If an outdoor seating permit applicant desires to serve alcohol in the outdoor seating area, then such applicant shall first obtain all applicable permits required by State and municipal liquor control laws. The applicant shall comply with all requirements of said permits at all times or their permit will be immediately revoked.
B. 
Permit Application, Approval, Renewal and Revocation.
1. 
Permit required. No person shall establish an outdoor seating area on any public right-of-way or sidewalk until a permit to operate the outdoor seating area has been issued. Outdoor seating area permit applications shall be reviewed and approved in the manner as set forth in this Section.
2. 
General application criteria. Application for an outdoor seating area permit shall be made to the City on a form provided by the City Clerk. The application shall include, but not be limited to, the following information and attachments:
a. 
The name, address and telephone number of the applicant;
b. 
The name and address of the restaurant;
c. 
A copy of a valid occupancy permit for the building where the proposed restaurant seating area will be located, as applicable;
d. 
A copy of the current certificate of insurance indicating the following categories and amounts:
e. 
A certificate of commercial general liability insurance in the amount of no less than the minimum amount stated in Section 537.610.1, RSMo., and as adjusted annually as determined pursuant to Section 537.610.5, RSMo., for all claims arising out of a single occurrence and for any one (1) person in a single accident or occurrence. All insurance shall be from companies duly authorized to do business in the State of Missouri. All liability policies shall provide that the City is an additional insured and shall provide a severability of interest position.
f. 
A detailed site plan including, but not necessarily limited to:
(1) 
The proposed use;
(2) 
Proximity of the outdoor seating area to the adjacent existing building and their uses and entrance locations;
(3) 
The location of any utilities that might affect or be affected by the proposal;
(4) 
A drawing (to scale) showing the layout and dimensions of the existing sidewalk area and adjacent private property, existing fire hydrants, tree guard railings, fixed tree planters, utility and above ground fixtures, proposed location, size and number of tables, chairs, steps, planters, umbrellas, location of doorways, location of trees, parking meters, sidewalk benches, trash receptacles and any other sidewalk obstructions, either existing or proposed, within the pedestrian area;
(5) 
The existing and proposed pedestrian circulation pattern;
(6) 
Plans for the operation of the outdoor seating area including, but not limited to, hours of operation, maintenance of the outdoor seating area and services to be provided.
3. 
Application review. The City's Board of Aldermen shall review the application and approve or deny the permit. The Board of Aldermen may deny an application for an outdoor seating area permit where:
a. 
The applicant has failed to comply with any of the submission requirements contained in this Section;
b. 
The outdoor seating area, as the applicant represents how it will be operated, fails to comply with the criteria set forth in this Section;
c. 
Any information submitted by the applicant is found to be incorrect; or
d. 
City staff review indicates that the outdoor seating area would create an obstruction to, or cause congestion of, pedestrian or vehicular traffic due to existing conditions on the surrounding public right-of-way so as to represent a danger to the health, safety or general welfare of the public.
4. 
Permit issuance. An outdoor seating area permit shall be subject to the following conditions:
a. 
Effective period. Each permit shall be effective from the date of its issuance until 12:01 A.M. of the following March first (1st).
b. 
Hold harmless provisions. Both the permit and the right-of-way encroachment license shall include an explicit hold harmless provision holding the City harmless from any and all liability arising out of the issuance of an outdoor seating area permit and the operation of the outdoor seating area.
c. 
Site plan controlled. The permit shall be specifically limited to the area shown on the exhibit attached to the application and made part of the permit.
5. 
Permit renewal. The permittee shall provide the City Clerk with a renewal application provided by the City containing the location of the outdoor seating area. An application for renewal must include a new site plan if any changes are being made to the previously approved outdoor seating area's structure or layout. Failure to pay the renewal fee or submit the renewal application with supporting documentation (where applicable) at least thirty (30) days prior to the expiration of the current outdoor seating area permit may, at the discretion of the Board of Aldermen, be grounds to reject the renewal application. In the event of rejection and/or expiration of the current outdoor seating permit, the permittee shall remove the outdoor seating area.
6. 
Permit suspension or revocation. The City may, as deemed necessary, inspect outdoor seating areas to determine compliance to the criteria set forth in this Section. The Board of Aldermen may revoke or suspend a permit for any outdoor seating area at any time, with or without cause, in the Board's discretion.
7. 
Fee. The annual fee for an outdoor seating area is fifty dollars ($50.00) and shall not be prorated.