Sec. 250.909. - Form and conditions of permit.

The permit issued shall be in a form provided by Building Inspection Division. In addition to naming the permittee and other information deemed appropriate, the permit shall contain the following conditions: (a) Each permit issued, or renewal thereof, shall be for a period of one year from date of approval. (b) The permit issued shall be personal to the permittee only and is not transferable in any manner. (c) The permit may be suspended by the Chief when it is determined that a community event is scheduled which requires the sidewalk area under a cafe permit for pedestrian access. (d) 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. (e) The Chief may require the temporary removal of sidewalk cafes when street, sidewalk or utility repairs necessitate such action. (f) Tables, chairs, umbrellas and any other objects provided in connection with a sidewalk cafe shall be removed from the sidewalk area when the permitted's restaurant is closed to the public. (g) If found to be necessary for the protection of the health, safety and welfare of the public, the Department of Public Works or the Jacksonville Sheriff's Office or Fire and Rescue may require the applicant to immediately remove or relocate all or parts of the sidewalk cafe, and if necessary, the City may remove or relocate same in emergency situations. (h) The City shall not be responsible for sidewalk cafe components relocated during emergencies. (i) The permittee shall assure that its use of the sidewalk in no way interferes with sidewalk users or limits their free and unobstructed passage. (j) The sidewalk and all things placed thereon shall at all times be maintained in a clean and attractive condition and at least one trash container shall be provided on site for use by the cafe patrons and employees. (k) The permittee and property owner shall, in consideration for the privilege of utilizing public property, execute: (1) 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 (2) An indemnity agreement in favor of the City of Jacksonville (in a form approved by the Office of General Counsel). (l) No advertising signs or business identification signs shall be permitted on the sidewalk. (m) No tables and chairs nor any other parts of sidewalk cafes shall be attached, chained or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area. (n) No tables, chairs, umbrellas or any part of a sidewalk cafe, except an awning permitted in accordance with the Code, shall be permitted to encroach within the pedestrian area required in Section 250.907 . (Ord. 96-542-392, § 1; Ord. 2011-727-E, § 2)