17.90.020 Sidewalk use regulations.
Sales of merchandise and service of food and beverages on sidewalks or parking strips, by current abutting business owners or by an approved food cart (with signed approval from the abutting property owner), both with valid city business licenses shall be reviewed pursuant to the criteria below. Abutting business owners and food cart operators are hereafter collectively referred to as “merchants.”
A. Sidewalk sales authorized under a sidewalk use permit shall only be permitted to display merchandise for sale during the business hours of operation for the owner of the adjacent business. The city shall authorize business hours within the permit;
B. There is left a free, unobstructed and adequate area for passage of the public that is a minimum of five linear feet;
C. The city may limit the size and number of tables and chairs used for sidewalk sales and services;
D. Service of alcohol shall require the following or as authorized by the Washington State Liquor and Cannabis Control Board regulations (“LCCB”):
1. An approved and current license issued by the LCCB;
2. If alcohol is served, a barrier no less than forty-two inches in height is required. The barrier must be a physical structure that bars movement between two areas and must be movable. The barrier cannot be affixed to the sidewalk surface;
3. All tables, chairs, and barriers must be visible directly from the interior of the business;
E. All objects placed on the sidewalk must be windfirm and approved by the city planner or their designee;
F. Merchants may not allow electrical cords or other obstructions to be placed across the sidewalk;
G. All permanent and temporary or moveable sidewalk objects and barriers must be off of the sidewalk during the winter months defined as November 1st through April 1st;
H. The business owner shall be responsible for removing all trash, garbage, refuse, debris, or any other objects upon the public sidewalk. Any person, firm, or corporation who violates this section may be subject to enforcement pursuant to CEMC Chapter 8.60, Code Enforcement;
I. The merchant makes adequate provision for safeguarding the public against injury to person and damage to property;
J. The merchant agrees in writing on a form provided by the city, to indemnify and save the city harmless from all claims, suits and liabilities arising in any way out of such use of the sidewalks and/or parking strips;
K. The merchant shall provide proof of insurance with limits and requirements as set forth in the current sidewalk use permit application;
L. A food truck (as defined in CEMC Chapter 17.08) shall be permitted to park in a safe location adjacent to a public sidewalk or entirely within private or public property and serve customers from the food truck directly onto a public sidewalk, as permitted by the city with an approved sidewalk use permit. Food trucks may request a sidewalk use permit to cover multiple locations, at the discretion of the city planner. Food trucks shall not serve customers directly into a street or road, unless granted specific permission to do so within the sidewalk use permit, such as for special events or neighborhood festivals.
1. Awnings extending from food trucks shall be easily retractable or removable to adjust for high winds and prevent injury or damage to property.