Sec. 250.903. - Definitions.

(a) Operate a sidewalk cafe means serving food or beverage (including alcoholic beverages if the cafe or restaurant is legally authorized to serve same) from a cafe or restaurant to patrons seated at tables located within the sidewalk area adjacent to the cafe or restaurant frontage. Excluded and precluded from such definition is the preparation or storage of food/beverage on the sidewalk. (b) Sidewalk means the paved pedestrian walkway alongside the street. (c) Chief means the Chief of Building Inspection. (d) Community event means an event wherein the Chief anticipates crowds sufficient to necessitate utilization of all of the sidewalk area for pedestrian or crowd control needs. A community event may be restricted to some or all areas wherein sidewalk cafe permits have been issued. (e) Cafe or restaurant means a cafe or restaurant subject to the following criteria: 1. All food must be prepared on the premises of the cafe or restaurant (excluding the sidewalk area) and all food and beverages must be served from the premises of the cafe or restaurant. 2. The cafe or restaurant shall, on an annual-calendar year-basis, derive not less than 51 percent of its gross income from the sale of food and nonalcoholic beverages prepared, sold and consumed on the premises and sidewalk area. 3. The cafe or restaurant shall be open for the sale and purchase of prepared food at any time alcoholic beverages are available for sale and purchase. (f) Pedestrian passageway means that portion of the sidewalk which is free from obstructions. (g) Adjacent means being located in the area bounded by the café or restaurant property, the invisible line extending from the property side lot lines to the street, and the street. For those sidewalk café properties that are located at the intersection of two or more streets, the area includes that portion of the sidewalk located between the invisible line extending from the two property front lot lines to the street. (Ord. 96-542-392, § 1; Ord. 2011-727-E, § 2)