Spokane Municipal Code

Title 10 Regulation of Activities

Chapter 10.55 Parklets and Streateries

Section 10.55.065 Streatery Terms and Conditions

1. The City Engineer shall issue a license for the use of a parking space(s) as a streatery upon such terms and conditions as the City Engineer, in the exercise of his/her professional discretion, may deem appropriate, if the City Engineer determines that

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

   2. The applicant has the permission of the owner and occupant, if different, of the property adjacent to the proposed streatery area to place a streatery in the proposed location;

   3. The proposed streatery is included adjacent to, near, or 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; and

   4. The proposed streatery use would not unduly and unreasonably impair passage of the public on the sidewalk adjacent to the area for which the license is sought.

   5. No more than one parklet or streatery would be placed per block face.

2. Terms and conditions imposed by the City Engineer upon the approval of a streatery application may include, without limitation:

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

   2. a requirement that the streatery and all associated furnishing, fixtures, and equipment in the streatery area be cleared when not in use as a streatery, upon the request of the city engineer or other appropriate City officer, such as the chief of police or fire official or their authorized representatives, and from November 1 through April 1 of each year, and that if the area is not cleared, the City may clear the area and charge the costs for such clearance to the licensee;

   3. that the streatery be removed immediately if the applicant’s food establishment or liquor permit is revoked;

   4. that the licensee shall maintain the sidewalk adjacent to the streatery as well as the streatery itself in a clean and safe condition for pedestrian travel and use, and if the applicant fails to maintain the area, the City may, in its sole discretion, perform such maintenance, cleaning, and/or repairs as the City deems necessary with the applicant liable to the City for the cost of such maintenance, cleaning, and/or repairs;

   5. a requirement that the licensee maintain the parking stalls adjacent to the streatery area clean and free of debris;

   6. a requirement that the applicant maintain the sidewalk adjacent to the streatery as necessary to accommodate deliveries to adjacent or other nearby properties;

   7. regulations upon lighting and illumination of the streatery;

   8. an indemnity agreement approved by the City Attorney’s Office in accordance with the provisions of this chapter;

   9. a requirement that the streatery area display a sign, approved or provided by the City, stating the permitted hours of use for the streatery.

3. Unless expressly authorized by the City, no license applicant authorized to construct, maintain, and operate a streatery under this chapter shall:

   1. Break or damage any pavement or street surface;

   2. Disturb, remove, damage, or obstruct any parking meters, signs, or parking area striping;

   3. Place adjacent to or obstruct safe, accessible access to a bus stop;

   4. Permanently install any fixture of any kind; or

   5. Cover or obstruct any utility manholes or handholes

in or on the parking space(s) occupied by a parklet or in or on the sidewalk area adjacent to the parklet area.

4. The terms and conditions of this section are in addition and supplemental to all other City permit requirements, including, without limitation, the fire and building codes and the City’s noise regulations, stated in chapter 10.08D of the Spokane Municipal Code, as applicable.

Date Passed: Monday, October 2, 2017

Effective Date: Thursday, November 9, 2017

ORD C35549 Section 1