Spokane Municipal Code

Title 10 Regulation of Activities

Division II. License Code

Chapter 10.28 Sidewalk Cafes

Section 10.28.060 Terms and Conditions

1. In the event and to the extent that the city engineer determines that the:

1. 1. applicant is the owner or occupant of the adjacent property and operates a cafe or restaurant thereon;

1. 2. proposed sidewalk cafe use would not unduly and unreasonably impair passage to and fro by the public on the sidewalk for which the permit is sought; and

1. 3. proposed sidewalk cafe area is included within a food service establishment permit issued by the Spokane City-County health district, or its representative, which has otherwise authorized such use of the area;

a permit for use of sidewalk area for sidewalk cafe purposes may be issued upon such terms and conditions as the city engineer may deem appropriate.

2. Such terms and conditions may include but are not limited to:

1. 1. restrictions as to the number and placement of tables and chairs and as to the hours and dates of use;

1. 2. a requirement that the area be cleared when not in use as a sidewalk cafe, or upon the order of the city engineer or other appropriate City officer, such as the chief of police or fire official or their authorized representatives;

1. 3. that the permittee shall maintain the sidewalk in a clean and safe condition for pedestrian travel;

1. 4. a requirement that the applicant clear the sidewalk as may be necessary to accommodate deliveries to adjacent or other nearby properties;

1. 5. regulations upon lighting and illumination of the sidewalk cafe; and

1. 6. an indemnity agreement in accordance with the provisions of this chapter.

3. Unless expressly authorized by the City, no:

1. 1. pavement shall be broken,

1. 2. sidewalk surface disturbed, and

1. 3. fixture of any kind shall be installed

in or on the sidewalk area in connection with a sidewalk cafe.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)