7073-03
ORDINANCE NO. 7073-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO SIDEWALK CAFES; AMENDING CODE OF
ORDINANCES SECTION 28.04; PROVIDING THAT SIDEWALK
CAFES ARE EXCEPTED FROM THE PROHIBITION AGAINST
SELLING GOODS ON PUBLIC PROPERTY WHEN PERMITTED
PURSUANT TO LAND DEVELOPMENT CODE SECTION 3-
201C.; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 28.04, Code of Ordinances, City of Clearwater, is hereby
amended to read as follows:
28.04. Trading and selling on streets.
(1) Except for the sale of ice cream from ice cream trucks
on streets in residential areas, which have been issued a city
occupational license for such use, and unless authorized by
article III of chapter 22 which pertains to special events, it
shall be unlawful for any person to sell, barter, exchange, or
offer to sell, barter or exchange any goods, wares or
merchandise of any kind or nature whatsoever in or on or
over any street, right-of-way or public property, sidewalk or
park within the city.
~ This section shall not apply to curb service furnished by
any regularly established and licensed place of business
in the city, and this section shall not apply to the holding
of bazaars or other sales not made or carried on for
personal profit, where such sales are operated in front of
or adjacent to a store or place of business with the
consent of the owner or manager thereof. The
prohibition set out in subsection (1) of this section shall
not prevent the operation of a sidewak cafe on the
public sidewalk where the sidewalk cafe is permitted
under the provisions of section 3-201 C. of the Land
Development Code. the following requirements h3vc
been met:
(3) At le3st five foet of unobstructed sidew31k
aV3il3ble for pedcstri3n use must be 3v3i13ble
foIlO'.~..ing inst3113tion of the side\v3lk c3fe,
Ordinance No, 7073-03
(b) ^ revocable permit to install the sidewalk caf.e
must be obt3ined from the city by the licensed
restaurant owner and recorded in the public
records of the county. Such use m3Y only be
considered f{)r inst311ation adjacent to 3 restaurant
~
(c) :'\11 elements or components utilized to construct
the sidev.'alk cafO must be mov3ble 3nd no
element or component m3Y be bolted or otherwise
affixed to the public sidew3lk. Prior to the
install3tion of any element or component, 3
building permit shall obtained.
(d) The 3pplic3nt obtains an occupation311icense to
apply to the 3cti'Jity.
(e) The applic3nt provides the city with 3 copy of 3
policy of insur3nce, which policy sh311 n3me the
city 3S 3 n3med insured, covering both property
d3m3ges 3nd person31 injuries th3t might occur by
re3son of such use of the public side'''/alk. Such
policy sh311 h3ve limits of 3t le3st $50,000.00 f{)r
property dam3ges 3nd $500,000.00 for personal
injury liability and must be 3pproved by the city
prior to the issu3nce of 3 revoc3ble permit.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 3, 2003
Approved as to form:
~//c'
Leslie K. Dougall i es
Assistant City Attorney
J~ynthta E' Gaud
75'"' City Clerk
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Ordinance No. 7073-03