§ 17-88. Sidewalk food and beverage sales by businesses adjacent to the right-of-way.  


Latest version.
  • An approved restaurant which (a) occupies building space at street level and (b) immediately fronts on and shares a common boundary with a public sidewalk or is separated from such sidewalk only by landscaped areas, may, upon receipt of a permit from the town, sell food and beverages on the portion of the sidewalk directly in front of and nearest each business's respective space within the building or in front of an adjacent property with the concurrence of that property owner subject to the following:

    (a)

    If two (2) or more businesses with street level frontage occupy the same property, each shall be limited to the portion of the sidewalk directly in front of and nearest each business's respective space within the building or in front of an adjacent property with the concurrence of that property owner.

    (b)

    Use of the public sidewalk area under this section shall not obstruct the entrances or exits of any building, and shall not interfere with or impede the safe and orderly flow of pedestrian traffic.

    (c)

    The business shall be responsible for keeping the area of its sidewalk sales in clean condition.

    (d)

    A business permitted to sell under this section may only sell food and beverages and may not assign or delegate its space or authority under this section to other persons.

    (e)

    A business which vacates a building location shall not use the public sidewalk in front of such location.

    (f)

    A business which occupies no building space at the street level shall not conduct sidewalk sales under this section.

    (g)

    The restaurant operator shall provide evidence of adequate liability insurance in an amount satisfactory to the town, but in no event in an amount less than amount specified under G.S. Sec. 160A-485 as the limit of the town's waiver of immunity or the amount of Tort Claim liability specified in G.S. Sec. 143-299.2, whichever is greater. The insurance shall protect and name the N.C. Department of Transportation and the town as additional insureds on any policies covering the business and the sidewalk activities involving public rights-of-way.

    (h)

    The restaurant operator shall provide an agreement to indemnify and hold harmless the N.C. Department of Transportation and the town from any claim resulting from the operation of sidewalk dining activities involving public rights-of-way.

    (i)

    The restaurant operator shall provide a copy of all permits and licenses issued by the State, county or town, including health and ABC permits, if any, necessary for the operation of the restaurant or business, or a copy of the application for the permit if no permit has been issued. This requirement includes any permits or certificates issued by the county or city for exterior alterations or improvements to the restaurant.

    (j)

    The town reserves the right to revoke the permit to place tables and chairs and related barriers on the public right-of-way pursuant to section 17-89(b) if any conditions of approval are not met, and to temporarily suspend permits during times of special events in the downtown area or adverse weather. During such times, sidewalk dining furnishings must be removed by the sidewalk dining restaurant.

    (k)

    It is unlawful to consume on a business's sidewalk dining area alcoholic beverages not purchased at that business or to remove alcoholic beverages in open containers from that business's sidewalk dining area. Any business serving alcoholic beverages shall post a sign, visible from the sidewalk dining area, including this information.

(Ord. No. 95-4-24/O-11, § 1; Ord. No. 95-5-8/O-1, § 1; Ord. No. 2004-09-07/O-4, § 5; Ord. No. 2005-04-25/O-4, § 2; Ord. No. 2019-04-10/O-6 , § 1)