Sec. 250.808. - Form and conditions of permit.

The permit issued shall be in a form deemed suitable by DIA. In addition to naming the permittee and other information deemed appropriate, the permit shall contain the following conditions: (1) Each permit issued, or renewal thereof, shall be for a period of one year from date of approval. (2) The permit issued shall be personal to the permittee only and is not transferable in any manner. (3) The permit may be temporarily suspended by DIA when it determines that an event is scheduled which merits community event status due to pedestrian needs for the sidewalk area under a cafe/bar permit. (4) The permit is specifically limited in the area shown on the drawing submitted in the application which is attached or made part of the permit. (5) The permittee shall assure that its use of the sidewalk in no way interferes with sidewalk users or limits their free and unobstructed passage, by provision of planters, walls, fences or other similar measures subject to Section 250.806 of this Part. (6) The sidewalk and all things placed thereon shall at all times be maintained in a clean and attractive condition; and at such times that the permittee is not utilizing the sidewalk as authorized, all things shall be removed therefrom. At least two trash containers shall be provided on site for use by the cafe/bar patrons and employees. (7) The permittee shall promptly notify the JEDC when operation of the downtown sidewalk cafe or bar initially begins and provide a schedule of operating days and hours. (8) The permittee and property owner shall, in consideration for the privilege of utilizing public property, execute: (a) A covenant not to sue, (in a form approved by the Office of General Counsel) wherein such parties agree to forego any claim against the City based upon a temporary or permanent denial of the right to continued use of public property arising from a suspension or revocation of such use due to negligent operation and City needs for the public property (e.g. street widening; sidewalk closure for repairs, placement or repair of utility lines; suspension for community event, etc.); and (b) An indemnity agreement in favor of the City of Jacksonville (in a form approved by the Office of General Counsel). (9) The permittee shall at all times comply with the requirements of the Downtown Property Maintenance Code. (10) In the event of foul weather including winds, all chairs, umbrellas, food, table accessories, trash or other debris shall be secured so as to not create any risk to public safety, including in adjacent streets or water bodies. Tables and railing/planter components shall also be secured. All table accessories and food items shall be removed during hours of non-operation and stored within the cafe/bar/restaurant and all tables, chairs, etc., shall be secured. (11) Any and all food and beverage spills shall be promptly cleaned up. All trash and debris within and around the outdoor dining area shall be picked up immediately and not allowed to collect, litter or blow into the public right-of-way. (Ord. 96-253-101, § 1; Ord. 96-542-392, § 2; Ord. 2007-107-E, § 2; Ord. 2011-443-E, § 2; Ord. 2012-364-E, § 10)