[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:
(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.