14-10739 Sidewalk Dining in Lee DistrictPosted on the Cite of Salina website from July 1, to 16, 2014.
ORDINANCE NUMBER 14-10739
AN ORDINANCE AMENDING CHAPTERS 5 AND 35 OF THE CITY CODE BY
AMENDING SECTIONS 5-25, 35-36, 35-40.2 AND ESTABLISHING CHAPTER 35,
ARTICLE XII, TO ADDRESS PLACEMENT OF CERTAIN ITEMS ON THE
w PUBLIC SIDEWALK IN THE C-4 CENTRAL BUSINESS DISTRICT AND TO
= GOVERN SIDEWALK DINING IN THE LEE DISTRICT.
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BE IT ORDAINED by the Governing Body of the Cite of Salina. Kansas:
U Section 1. Section 5-25 of the Salina Code is hereby amended to read as follows:
Sec. 5-25. Consumption on specified property owned by the city.
Pursuant to K.S.A 41-719(d):
(1) It shall be lawful to drink; or consume alcoholic liquor at the following locations
and areas, at times and places authorized by the rules and regulations adopted for
such locations' operation:
(a) Within the confines of the Salina Bicentennial Center, and on the
grounds and parking lots under city ownership surrounding the Salina
Bicentennial Center, located in Kenwood Park:
(b) Within the confines of the Smoky Hill Museum, located at 211 West
Iron Avenue:
(c) Within the confines of the portion of Memorial Hall leased to
Community Access Television of Salina. located at 410 NNI. Ash: and
(d) Within a sidewalk dining area, as defined within chapter 35, pursuant
to a sidewalk cafe license aereement executed by the cite commission.
(2) Only in association with a special event approved by the city manager, with or
without conditions; based upon the information contained in a written application on
a form provided by the city and consideration on the basis of criteria established by
resolution of the governing body; it shall be lawful to drink or consume alcoholic
liquor within the boundaries of the following locations:
(a) Jerry Ivey Park;
(b) Bill Burke Park:
(c) The East Crawford Recreational Area:
(d) The Municipal Golf Course: and
(e) Those areas within the Lee District owned by the city and not
requiring a special event temporary permit pursuant to section 5-24.
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Section 2. Section 35-36 of the Salina Code is hereby amended to read as follows:
Sec. 35-36. Prohibited.
It shall be unlawful for any person to obstruct or encroach upon any sidewalk, street, avenue,
alley or other public property, unless otherwise authorized in accordance with this chapter.
Section 3. Section 35-40.2 of the Salina Code is hereby amended to read as follows:
Sec. 35-40.2. Use of public sidewalk in C-4 central business district for placement of
movable flower pots, planters, bicycle racks and business -hours -only placement of
moveable signs and outdoor furniture.
If any owner of a building constructed without setback from an abutting public sidewalk,
plaza or arcade in the C-4 central business district requests a permit for use by the owner or
the owner's tenant of the abutting sidewalk, plaza or arcade for the placement of movable
flower pots; movable planters, moveable bicycle racks, and/or business -hours -only placement
of movable signs and/or movable outdoor furniture, the city manager's designee may grant
such a permit following review and recommendation by the Lee District design review board.
based upon administrative regulations recommended by the city manager and adopted by the
city commission. A moveable sign for which a permit is obtained pursuant to this section
shall be exempt from any other sign permit requirements.
Section 4. Article XII of Chapter 35 of the Salina Code is hereby established to read as
follows:
ARTICLE XII. SIDEWALK CAFES
Sec. 35-261. Definitions.
As used in this article, unless the context clearly indicates otherwise, the following words and
phrases shall have the meanings ascribed to them in this section:
(1) Adjoining sidewalk or plaza means the area of sidewalk or plaza located
within the area defined by the projection of the angle of the exterior walls of a
restaurant building. If a restaurant building has adjoining sidewalk or plaza
on connecting sides; the area between the two resulting segments of adjoining
sidewalk or plaza may be included in the "adjoining sidewalk or plaza" for
purposes of determining the sidewalk dining area.
(2) Applicant means the owner of a restaurant who has filed with the city an
application for a sidewalk cafe license agreement.
(3) Application means the completed city form and any accompanying
documentation filed with the city by the applicant for the purpose of obtaining
a sidewalk cafe license agreement.
(4) Extended sidewalk or plaza means the area of sidewalk or plaza connected to
and uninterruptedly extending from the adjoining sidewalk or plaza.
w (5) Lee District means that area associated with Salina Business Improvement
District No. 1 designated by the governing body from time to time as "the Lee
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District.'"
1 (6) Licensee means the owner of a restaurant authorized under this article to use
sidewalk and/or plaza for sidewalk dining pursuant to a sidewalk cafe license
agreement.
(7) Plaza means any uncovered city -owned real property or public right-of-way
designated for pedestrian public use and not motor vehicle traffic or parking.
(8) Restaurant shall have the same meaning as provided in section 42-755.
(9) Sidewalk dining means the consumption of food, beverages (including, but not
limited to, alcoholic liquor beverages or cereal malt beverages), or both, b}'
patrons of a restaurant outdoors on a specific area of a sidewalk and/or plaza
set aside for that purpose.
(10) Restaurant building means the building in which a restaurant is located within
the Lee District.
(11) Sidewalk cafe license agreement means the agreement between the city and
the owner of a restaurant stating the terms under which the owner of the
restaurant may utilize the sidewalk dining area for sidewalk dining.
(12) Sidewalk dining area means that portion of the adjoining sidewalk or plaza
and, if applicable, the extended sidewalk or plaza which has been approved by
the city for sidewalk dining pursuant to a sidewalk cafe license agreement.
(1 3)) Unobstructed walkway means the area of sidewalk and/or plaza to remain
open for unobstructed pedestrian traffic between the sidewalk dining area and
street curb, permanent plantings, permanent street lighting, or other permanent
obstructions.
Sec. 35-262. Sidewalk cafe license agreement required; sidewalk dining prohibited
outside of the Lee District.
No owner or manager of a restaurant shall permit sidewalk dining without first obtaining a
sidewalk cafe license agreement. No sidewalk cafe license agreement shall be issued for an
establishment that does not meet the definition of "restaurant" or for a restaurant located
outside of the Lee District.
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Sec. 35-263. Sidewalk cafe license agreement fees.
(a) Application fee. Each applicant seeking to obtain a new sidewalk cafe license
agreement shall pay a non-refundable fee to the city clerk in an amount
determined pursuant to section 2-2. Such fee shall be paid regardless of
whether an applicant has obtained an executed sidewalk cafe license
agreement in the past.
(b) Renewal fee. Following approval of a sidewalk cafe license agreement, a
licensee shall pay a non-refundable annual renewal fee to the city clerk in an
amount determined pursuant to section 2-2 prior to renewal of the sidewalk
cafe license agreement pursuant to section 35-267.
Sec. 35-264. Applications.
An application for a sidewalk cafe license agreement shall contain, without limitation. the
following information:
(a) Applicant's name and the names of any other persons or entities who own
and/or operate the restaurant for which applicant is submitting the application,
as well as such persons' email address(es), business address(es), business
telephone number(s) and mailing address(es).
(b) The name of the manager of the restaurant for which the application is being
submitted, his or her telephone number, mailing address, and email address.
(c) Written permission of all owners of record (including all equitable owners, if
any) of the real property upon which the applicant's restaurant is located.
(d) If the applicant seeks to offer sidewalk dining on extended sidewalk or plaza,
written permission of all owners of record (including all equitable owners, if
any) and all tenants, if any, of the real property that immediately abuts or
adjoins the extended sidewalk or plaza.
(e) A copy of a certificate of insurance. in accordance with section 35-268,
establishing that the applicant has procured appropriate liability insurance and
that such insurance is current.
(0 A copy of the applicant's current food establishment license.
(g) A sidewalk cafe license agreement signed by the applicant.
(h) Whether the applicant desires to serve food only or whether the applicant
wishes to serve alcoholic liquor and/or cereal malt beverages in addition to
food.
(i) An attached site plan showing:
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i. Property lines and, if applicable; any building setbacks of the subject
propert:
ii. An elevation drawing;
w iii. A note setting forth the square footage of the sidewalk dining area:
iv. A drawing or diagram showing the seating configuration, umbrellas
and other objects within the sidewalk dining area and all surface
obstructions within 15 feet of the proposed sidewalk dining area:
v. A drawing or diagram showing the width of unobstructed walkway
abutting or adjoining the sidewalk dining area:
vi. Size, location, style, design, and color of all fences or other structures
serving as barriers or boundary markers for the proposed sidewalk
dining area:
vii. Points of access to the sidewalk dining area: and
viii. Points of access to the restaurant building and any other building
immediately adjacent to the proposed sidewalk dining area.
0) The applicant's signature and the date of signature.
Sec. 35-265. Application approval or denial.
(a) Review by Lee District design review board. An application for a sidewalk
cafe license agreement shall be referred by the zoning administrator to the Lee
District design review board for review. The Lee District design review board
shall review such application within a reasonable time thereafter.
(b) Recommendation to city commission; city commission review. After
reviewing an application, the Lee District design review board shall submit a
written recommendation to the city commission, which may adopt, modify or
reject the recommendation of the Lee District design review board, or ma}'
return the application to the Lee District design review board for further
consideration together with a statement specifying the basis therefor. if the
city commission chooses to approve an application, subject to its
modifications; if any, and to execute the sidewalk cafe license agreement, the
application shall be incorporated into the sidewalk cafe license agreement.
(c) Criteria for review and recommendation.
i. Review. The Lee District design review board shall review all
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applicable evidence regarding the sidewalk dining area, existing and
proposed structures, neighboring uses, street access, pedestrian traffic
circulation, utilities, drainage, the proposed operation. and such other
evidence as deemed appropriate.
w ii. Standards. The Lee District design review board shall issue a
recommendation in relation to each specific application based upon
8 specific written findings of fact taking into consideration the particular
o evidence presented to it, in order to determine whether the proposed
sidewalk cafe license agreement complies with the following criteria:
1. The proposed sidewalk cafe license agreement complies with
all applicable provisions of this article or administrative
regulations adopted pertaining to sidewalk dining;
2. Sidewalk dining on the sidewalk dining area will contribute to
the welfare of the public by increasing the vibrancy and appeal
of the city in the Lee District:
3. Sidewalk dining on the sidewalk dining area will not cause
substantial injury to the value of other property in the
neighborhood in which it is located: and
4. The location and size of the sidewalk dining area with respect
to unobstructed walkway in the immediate vicinity of the
sidewalk dining area will not unreasonably impede pedestrian
traffic.
(d) Denial authority.
' i. The above notwithstanding, the Lee District design review board is
authorized to deny an application if one of the following conditions are
satisfied by mailing a notice of denial to the applicant at the
applicant's address provided in the application, stating the reason for
the denial and that the applicant has the right to appeal such denial:
1. The application is incomplete:
2. The applicant does not meet the definition of a `restaurant" as
provided by section 35-261 above:
3. The proposed use of the sidewalk and/or plaza in the
application will not comply with this article or regulations
adopted pursuant to this article: or
4. The applicant has had a sidewalk cafe license agreement
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terminated by the cite for any reason within two years prior to
submission of the application.
Provided; however, that if the sole basis for denial is an incomplete
application. the Lee District design review board may allow the
W applicant additional time to complete the application.
ii. If the Lee District design review board denies an application. the
applicant may appeal the denial to the city commission by filing a
notice of appeal in the office of the city clerk on a form provided by
that office. The notice of appeal must be filed within 14 calendar days
of the date of the board's decision and shall state the basis for the
appeal. The city commission shall review such denial within a
reasonable time thereafter and may affirm or overrule the denial of the
Lee District design review board, may approve the sidewalk cafe
license agreement with additional conditions, or may return the
application to the Lee District design review board for further
consideration together with a statement specifying the basis therefor.
Sec. 35-266. Sidewalk cafe license agreement; term.
(a) Content. Upon approval of an application for a sidewalk cafe license
agreement; a sidewalk cafe license agreement shall be executed in a form
provided by the city, which, without limitation. shall contain the name and
mailing address of the licensee, a statement of terms and conditions consistent
with this article, and the term of the sidewalk cafe license agreement.
(b) Tenn. A sidewalk cafe license agreement shall be effective on the date of
1 execution and shall expire at midnight on the subsequent May 1.
Sec. 35-267. Sidewalk cafe license agreement renewal; denial.
(a) Renewals.
Payment of fee and certificate of insurance. The Lee District design
review board shall grant an annual renewal of a sidewalk cafe license
agreement then in effect for an existing or reduced sidewalk dining
area, upon submission by licensee to the city clerk of a renewal
application form; along with payment of the renewal fee and
submission of a certificate of insurance establishing that the applicant
has procured appropriate liability insurance and that such insurance is
current in accordance with section 35-268, unless as otherwise
provided in subsection (b) below.
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ii. Payment deadline. Payment of the renewal fee and submission of a
certificate of insurance must be delivered to the city clerk by February
1. If a licensee fails to make the renewal payment and/or to provide an
adequate certificate of insurance by February l; the licensee must pay
a $50 penalty prior to March I to be eligible for an annual renewal of a
w sidewalk cafe license agreement. in addition to satisfying other
renewal requirements under this section. No payments or certificates
of insurance shall be accepted for renewal purposes after March 1.
(b) Denial authority.
i. Grounds. The Lee District design review board shall not grant an
annual renewal and shall mail a notice of denial to the licensee at the
licensee's address shown on the renewal application, stating the reason
for the non -renewal and that the licensee has the right to appeal such
non -renewal, if:
1. The licensee has failed to pay the appropriate renewal fee
and/or has failed to submit to the city clerk the requisite
certificate of insurance by the deadlines set forth above:
2. The city has received a written objection or notice of
withdrawal of permission from an owner of record (including
any equitable owners) or any tenants of real property whose
permission is required pursuant to section 35-264(d); or
3. The city commission has directed that such renewal shall not
be issued.
ii. Effect. If the Lee District design review board does not grant a
renewal. the sidewalk cafe license agreement shall terminate on May
11.
(c) .Appeals.
i. City commission hearing. If the Lee District design review board
declines to renew a sidewalk cafe license agreement, the licensee may
appeal the decision of the Lee District design review board to the city
commission by filing a notice of appeal in the office of the city clerk,
on a form provided by that office. The notice of appeal must be filed
within 14 calendar days of the date of the board's decision and, and
such written request shall state the basis for the appeal. The city
commission shall review the Lee District design review board's
decision within a reasonable time thereafter and may affirm or
overrule the decision of the Lee District design review board, may
renew the sidewalk cafe license agreement with additional conditions,
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or may return the issue of renewal to the Lee District design review
board for further consideration together with a statement specifying
the basis therefor.
ii. Pendency of appeal. The term of the sidewalk cafe license agreement
w shall be extended during the pendency of any appeal to the city
commission under this section, provided that the basis for the Lee
District design review board's decision is not based. in whole or in
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_ part, upon the licensee's failure to submit to the city clerk the requisite
certificate of insurance.
Sec. 35-268. Sidewalk dining conditions.
A licensee shall, without limitation. comply with the following provisions:
(a) Compliance.
i. Compliance with sidewalk cafe license agreement. The licensee shall
comply with all terms of the sidewalk cafe license agreement.
ii. Compliance with applicable law. The use of the sidewalk dining area
for sidewalk dining shall be in conformance with zoning law
governing the real property upon which the licensee's restaurant is
located, laws governing service of food and beverages, laws governing
alcoholic liquor and/or cereal malt beverages, the provisions of this
article or administrative regulations adopted pursuant thereto, and any
other law pertaining to sidewalk dining or a licensee's use of sidewalk
and/or plaza.
iii. Limited use. The use of the sidewalk dining area shall be limited to
sidewalk dining as part of the business of the licensee's restaurant.
Without limitation, food preparation, mixing alcoholic liquor
beverages or cereal malt beverages, and tending bar is not permitted in
the sidewalk dining area.
(b) Square footage of sidetiralk dining area. The sidewalk dining area shall not
exceed two hundred square feet in area, unless the city commission otherwise
approves the application and executes the sidewalk cafe license agreement
specifically authorizing a larger sidewalk dining area.
(c) Incorporation of site plan. The site plan submitted with the licensee's
application shall be incorporated into the sidewalk cafe license agreement as a
description of how the licensee may occupy and modify the sidewalk dining
area, subject to any modification by the city commission as a precondition of
entering into the sidewalk cafe license agreement.
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(d) Alcoholic liquor and cereal malt beverages.
i. Compliance with alcohol and cereal malt beverage laws and
regulations. A licensee may sere seated patrons and a licensee's
seated patrons may purchase, possess. and consume alcoholic liquor
and/or cereal malt beverages within the sidewalk dining area in
accordance with chapter 5 of this code and other applicable law,
including, but not limited to Kansas alcoholic beverage control
regulations on serving alcoholic liquor and/or cereal malt beverages in
the sidewalk dining area.
ii. Limited hours of sale. A licensee shall not serve alcoholic liquor or
cereal malt beverages in the sidewalk dining area after 10:00 p.m. or
before 9:00 a.m. on anv day. In no event shall this subsection be
construed to expand the permitted hours for sale of alcoholic liquor or
cereal malt beverages beyond what is otherwise permitted under
chapter 5 of this code and other applicable law.
iii. Barrier required. Licensees cannot sere alcoholic liquor and/or cereal
malt beveraues .within the sidewalk dining area unless the sidewalk
dining area is separated from the unobstructed walkway by a barrier
that conforms to applicable law, including, but not limited to Kansas
alcoholic beverage control and city administrative regulations
concerning such barriers, if any.
(e) Maintenance costs. Licensees shall be responsible for all construction and
maintenance costs associated with installing barriers or any other
improvements that may be necessary to develop and maintain the sidewalk
dining area in accordance with the terms of this article or any administrative
regulations adopted pursuant to this article.
(f) Liability and insurance.
i. Insurance.
Ttipe and amount of coverage. A licensee shall cam' an
insurance policy that insures a licensee in an amount not less than
S500,000 per single incident for any liability associated with the
failure of a licensee, its officers, employees, agents, servants,
invitees, patrons or contractors, to exercise reasonable care and
diligence in the use of the sidewalk and/or plaza during the term
of its sidewalk cafe license agreement and for as long as a
licensee continues to occupy sidewalk and/or plaza following
termination of its sidewalk cafd license agreement. Failure of a
licensee to comply with these requirements shall not be construed
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as a waiver of these requirements or provisions and shall not
relieve the licensee of liability.
2. Rating. All insurance policies shall be issued by insurance
companies rated no less than A- VII in the most recent `Bests"
w insurance guide, and admitted in the state of Kansas. All such
policies shall be in such form and contain such provisions as are
generally considered standard for the type of insurance involved.
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J. Certificate of insurance. A licensee shall provide the city with a
certificate of insurance listing the city as the certificate holder
and evidencing compliance with the insurance requirements in
this article and in the sidewalk cafe license agreement. The city
has the right to require complete certified copies of all insurance
policies procured by a licensee pursuant to this article and its
sidewalk cafe license agreement; including any and all
endorsements affecting the coverage required hereunder. The
certificate of insurance shall also require the insurance carrier to
notify the city at least thirty (30) days in advance of any change
in terms and conditions of the policy, including cancellation for
any reason, and in advance of any expiration of the policy term.
ii. Indemnification. To the fullest extent permitted by law; a licensee shall
defend, indemnify and hold harmless the city; its agents; representatives;
officers, officials and employees from and against all claims, damages.
losses and expenses (including but not limited to attomey fees and court
costs) attributable to bodily injury; sickness, disease, death, or injury to.
impairment, or destruction of property, including loss of use resulting
therefrom, to the extent that such claims, damages, losses, and expenses
relate to, arise out of. or are alleged to have resulted from the acts. errors,
or omissions of a licensee, its officers, employees, agents, servants,
invitees, patrons, and contractors to construct, maintain, or use the
sidewalk dining area, and for as long as a licensee continues to occupy
sidewalk and/or plaza following termination of its sidewalk cafd license
agreement.
(g) No representation by the city. The city makes no representations with respect to
the sidewalk dining area or its condition. A sidewalk cafd license agreement
grants a licensee a contractual license to use sidewalk and/or plaza in the
sidewalk dining area in its present condition, "as is," without any warranties,
representations. or assurances from the city.
(h) Removal offixtures. The city may require, at any time and for any reason, the
temporary removal of any fixtures or objects placed on the sidewalk and/or
plaza for a reasonable period of time. Licensees shall be responsible for any
costs incurred in the removal of fixtures and shall, at the city's option, return
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the sidewalk and/or plaza to city pavement standards. If, at the time that
removal is required, the licensee is no longer the tenant of the real property on
which the restaurant that used the sidewalk dining area was located, then the
owner(s) of record of the real property on which the restaurant that used the
sidewalk dining area was located shall be responsible for any costs incurred in
removing the fixtures and in returning the sidewalk and/or plaza to city
pavement standards.
(i) Sidewalk cafe license agreement maintained at the restaurant. A licensee
shall retain a copy of the executed sidewalk cafe license agreement on the real
property upon which the licensee's restaurant is located, and shall make such
sidewalk cafe license agreement readily accessible for viewing by city
personnel.
0) Sidewalk cafe license agreement non -assignable. Licensees shall not attempt
to transfer, assign, sublet or convey any rights in the sidewalk dining area that
are given to a licensee pursuant to a sidewalk cafe license agreement.
(k) Sidewalk cafe license agreement confers no real property rights on licensees.
While a licensee may control the sidewalk dining area to the extent necessary
to conduct activities authorized by this article or a sidewalk cafe license
agreement. a licensee shall not be considered to be a real property tenant or
lessee. Nothing in this article and regulations adopted pursuant thereto, or a
sidewalk cafe license agreement, shall be construed to convey any interest in
the real property comprising the sidewalk dining area except a contractual
license.
Sec. 35-269. Violations and termination of sidewalk cafe license agreement.
(a) Violations and cure period.
i. Violation notice. Whenever the zoning administrator has grounds to
believe there has been a violation of this article, administrative
regulations adopted pursuant to this article. or the sidewalk cafe
license agreement. a written notice of violation and order to cure
("notice and order') shall be served upon the licensee according to
subsection (d).
ii. Cure period. The notice and order shall provide information sufficient
to reasonably allow the recipient to determine the nature of the actions
required to cure the violation and shall speciAl a reasonable time
period to cure the violation.
(b) Continued operation contrary to public interest. If the zoning administrator
determines that continued sidewalk dining on a sidewalk dining area is
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contrary to the health; safety; and welfare of the public; a written notice of this
finding shall be issued to the licensee ("termination notice"), which shall
provide the date upon which the sidewalk cafe license agreement shall be
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terminated. A sidewalk cafe license agreement that is terminated under this
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subsection shall not terminate less than 30 dans from the date of the
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termination notice.
(c) Form. The notice and order or termination notice, as applicable. shall:
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i. Identification. Include a description of the subject sidewalk dining area
sufficient for identification.
ii. Basis.
I. In the case of a notice and order, include a statement of the
nature of the violation and references to relevant laws.
ordinances, regulations, and/or sidewalk cafe license agreement
provisions with sufficient information that would reasonably
allow the recipient to determine the nature of the violation to
allow a licensee to cure the violation: or
2. In the case of a termination notice, include a detailed
explanation for the finding of the zoning administrator as to
why continued sidewalk dining on the subject sidewalk dining
area is contrary to the health. safety, and welfare of the public.
iii. Timing.
1. In the case of a notice and order, include a deadline for a
licensee to cure a violation that allows a reasonable time to
take the actions required, and include a statement that failure to
comply with the notice and order may result in the city
terminating its sidewalk cafe license agreement; or
2. In the case of a termination notice, include a statement of when
the sidewalk cafe license agreement will be terminated, which
shall not be less than 30 days from the date of the termination
notice.
iv. Right to appeal hearing. Inform the recipient of the notice and order or
termination notice of the right to an appeal hearing before the city
commission if the recipient files a written request for hearing within
fourteen days from the date of issuance listed on the notice and order
or termination notice.
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Removal of obstructions. If a sidewalk cafd license agreement is
terminated for any reason by any party, a licensee shall remove all
objects, including but not limited to fixtures and furniture, that occupy
the sidewalk dining area under the sidewalk cafd license agreement,
and shall restore the sidewalk and/or plaza in and surrounding the
sidewalk dining area to city pavement standards. Such removal and/or
restoration shall occur prior to termination of the sidewalk cafd license
agreement.
ii. Failure to remove or restore. If the licensee fails to remove objects or
fails to restore the sidewalk and/or plaza according to subsection (i)
above. then the city may remove such objects and restore the sidewalk
and/or plaza in addition to any other applicable remedies. In the event
that the city removes such objects or restores the sidewalk and/or plaza
following termination, the city shall be able to assess all costs
associated with such action, including, but not limited to reasonable
costs associated with repairing sidewalk that may be damaged in such
removal, according to the provisions of section 31-206, and all
amendments thereto, except that it shall be sufficient for the city to
serve notice of costs by regular mail to the address indicated on the
sidewalk cafd license agreement.
(h) Appeals.
i. City commission hearing. A licensee may appeal a notice and order or
a termination notice by filing a notice of appeal in the office of the city
clerk on a form provided by that office. The notice of appeal must be
filed within 14 calendar days from the date of issuance listed on the
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(d)
Service. A notice and order and/or termination notice may be served by
regular mail to the address indicated in the sidewalk cafe license agreement.
(e)
Termination by city. In addition to any provisions in the sidewalk cafe license
agreement. if the licensee fails to cure a violation in the period of time
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designated in the notice and order; or the date designated within the
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termination notice has passed, then the sidewalk cafe license agreement then
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in effect shall be terminated, unless an appeal hearing has been filed with the
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city commission. in which case the sidewalk cafd license agreement shall
terminate according to the order of the city commission.
(f)
Termination by licensee. If a licensee discontinues use of the sidewalk dining
area as constructed and maintained at the location depicted on the site plan or
provides written notification of the same to the zoning administrator, the
licensee's sidewalk cafd license agreement shall terminate.
(g)
Responsibilities upon termination.
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Removal of obstructions. If a sidewalk cafd license agreement is
terminated for any reason by any party, a licensee shall remove all
objects, including but not limited to fixtures and furniture, that occupy
the sidewalk dining area under the sidewalk cafd license agreement,
and shall restore the sidewalk and/or plaza in and surrounding the
sidewalk dining area to city pavement standards. Such removal and/or
restoration shall occur prior to termination of the sidewalk cafd license
agreement.
ii. Failure to remove or restore. If the licensee fails to remove objects or
fails to restore the sidewalk and/or plaza according to subsection (i)
above. then the city may remove such objects and restore the sidewalk
and/or plaza in addition to any other applicable remedies. In the event
that the city removes such objects or restores the sidewalk and/or plaza
following termination, the city shall be able to assess all costs
associated with such action, including, but not limited to reasonable
costs associated with repairing sidewalk that may be damaged in such
removal, according to the provisions of section 31-206, and all
amendments thereto, except that it shall be sufficient for the city to
serve notice of costs by regular mail to the address indicated on the
sidewalk cafd license agreement.
(h) Appeals.
i. City commission hearing. A licensee may appeal a notice and order or
a termination notice by filing a notice of appeal in the office of the city
clerk on a form provided by that office. The notice of appeal must be
filed within 14 calendar days from the date of issuance listed on the
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notice and order or termination notice and shall state the basis for the
appeal. The city commission shall review the findings of the zoning
administrator within a reasonable time thereafter and may affirm (with
or without modification) or overrule the determinations of the zoning
administrator.
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ii. Pendency of appeal. The term of the sidewalk cafe license agreement
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shall be extended during the pendency of any appeal to the city
ccommission under this section, provided that the zoning
g administrator's findings are not based. in whole or in part: upon the
licensee's failure to maintain requisite insurance coverage.
iii. Time extension. Should the city commission issue a ruling adverse to
the licensee. the city commission shall afford the licensee a reasonable
period of time to cure the violation in the case of a notice and order
appeal, or to make necessary arrangements prior to termination of the
sidewalk cafe license agreement. in the case of a termination notice
appeal. In the case of a notice and order appeal; if the licensee fails to
cure the violation within the time specified by the city commission, the
sidewalk cafe license agreement shall terminate.
(i) Additional and alternative remedies. In addition to or as an alternative to
remedies provided in this article or the sidewalk cafe license agreement, the
city may cause to be instituted any appropriate proceeding at law or in equity
to restrain, correct or abate any violation of the provisions of this article or of
any order or direction made pursuant thereto.
Sec. 35-270. Policy and regulations.
The city manager is authorized to propose administrative regulations regarding sidewalk cafe
license agreements and sidewalk dining as the city manager deems necessary for public
safety and welfare for adoption by resolution of the city commission. All licensees shall
comply with all regulations adopted pursuant to this article. Failure to comply with such
regulations shall be grounds for the issuance of a notice and order pursuant to section 35-369,
and possible termination of the sidewalk cafe license agreement.
Sec. 35-271. Prior sidewalk license agreements remain effective. All license agreements
executed prior to June 23, 2014 regarding use of sidewalk and/or plaza for sidewalk dining
shall remain effective according to the provisions of such license agreements.
Sec. 35-272. City's rights to execute other license agreements unaffected. Nothing in
this article shall be construed to limit the city's right to execute license agreements outside
the Lee District or to execute license agreements not relating to sidewalk dining in the Lee
District.
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Sec. 35-273. Severability. If any section; clause, sentence, or phrase of this article is found
to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction,
such finding shall not affect the validity of any remaining provisions of this article.
Sees. 35-274--31-290. Resen•ed.
Section 5. Summary of ordinance for publication. This ordinance shall be published by
the following summary:
Ordinance No. 14-10739 Summar}'
On June 23, 2014, the City of Salina; Kansas, passed Ordinance No. 14-
10739. The ordinance amends Chapter 5, Article 11, Section 5-25, Chapter 35, Article I1I,
Sections 35-36 and 35-40.2, and establishes Chapter 35. Article XII of the Salina Code. The
amendment of section 35-40.2 relates to the placement of signs, flower pots, planters and
bicycle racks on public sidewalks in the C-4 central business district and the remaining
amendments provide for and govern sidewalk dining in the Lee District. A complete copy of
the ordinance is available at xvmrNv.salina-ks.eov or in the office of the city clerk. 300 W. Ash
Street. free of charge. This summary is certified by the city attorney.
Section 6. Effective date. This ordinance shall be in full force and effect from and after its
adoption and publication by summary once in the official city newspaper.
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
A.
of Publication Summary:
Attorney
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Introduced: ne 9. 2014
Adopt June 23. 2014
Aaron K. ouseholter. May