HomeMy WebLinkAboutOrdinance No. 19248ORDINANCE N0. ~~~
AN ORDINANCE CONCERNING OUTDOOR CAFES; ADDING SEC-
TIONS 1.450 AND 1.455 TD THE EUGENE CODE 1971• AND
DECLARING AN EMERGENCY. '
THE CITY OF EUGENE ODES ORDAIN AS FOLLOWS; -~ -~
Section 1. .The following sections are hereb added t
y o the Eugene Code,
1911, to read and provide:
1.450 Outdoor Cafes ~- Issuance of Permit.
~1~ The city manager, or the manager's deli nee m '~
mit for an outdoor cafe allowin g ~ ay issue a per
g the serv7ce of food or beverages within a
., public right of way provided the f of l owi n conditions ar •
g e met.
~a} The permit applicant pays an a lication fee '
by the cit mono er• pp established
y g
~b~ The permit applicant assumes all risks assaci '
the use of the ri ated with
ght of way;
~c~ The permit applicant obtains liabilit insur `
farm and amount determined y once ~n a
by the city manager;
~d~ The permit applicant submits an a lication '
the information re uire pp conta~n~ng
q d by the city manager;
fie} The permit applicant lawfully a erates a res
P taurant ad-
jacent to the right of way far which the a l~cant se '
f The o pp eks a permit;
~ ~ weer of the restaurant pro ert consents '
of the ermi t • p y to ~ ssuance
p ,
~g~ The permit applicant demonstrates that the use
ri ht of wa wi l 1 of the
g Y not interfere with existing uti l i.ti es, edes-
trian use of the right of wa nor ose p
. y p a hazard to vehicular
traffic. The permit applicant must demonstrate that at '
there wil] be a pedestrian assa ewa ~ a minimum,
p g y through the right of way of
at least 5 feet in width and that the use of the ri ht o '
be in com liance ~ g .f way will
p with vision clearance provisions of this cade•
~h~ The permit applicant obtains all other necess '
and local permits• ary state
~i} If the applicant seeks to use the ri ht of a '
of pro erties Conti uo g w Y 7n front
p g us to the restaurant, the applicant demon-
strates that a restaurant is a permitted use for the Conti u
property and the owner of the Conti uou 9 ous
g s property consents to the
issuance of the permit;
a~ The permit applicant demonstrates that the us
right of wa will co e of the
y mply with all ordinances and codes of the cit
including but not limited to the structura y
fir 1 safety, sanitation and
e codes;
~k} The permit applicant demonstrat •
es that seating ~n the
right of way will be provided for no more than 20 er '
seating i s rovided for a p sons or, ~ f
P greater number that off-street parking
as required by Chapter 9 of this code is rovided in a '
less than one Arkin p ratio of no
p g space for each 4 seats over and above 20;
,. I
I
~~
~T} The permit applicant de
of the ri ht of manstrates that the proposed use
g way is not inconsistent with the
right of way was dedicated to use for which the
2 No the city.
~ ~ outdoor cafe ermit s
within the mal P hall be issued for premises to
~ as defined by section 5.01a o Gated
activity permit issue f this code except by mal l
d pursuant to section 4.877 of '
~3} 1f the ermit ~ this code.
the ri ht P • . app] cant wishes to undertake cons ~ •
. g of way ~n con~unct~on with the o truction ~n
permit applicant shad de Perat~on of an outdoor cafe, the
manstrate compliance with section 7.445
code, but need not obtain a se ar ~1} of this
fee as re wired P ate permit or pay a separate a lic '
q by that section. Pp at~on
?.455 outdoor Cafe - Termi
1 nation Transfer and Revocation of P '
~ } ~ permit issued ursuan ermit,
autamaticall termi P t to section 7.450 of this code sh
y Hate one year after issuance, all
~~} A permit issued ursua •
transferable. P nt to section 7.450 of this code is
not
~3} A permit issued ursuant
revoked in the folio P to sect~an 7.450 of this code ma
wing circumstances: y be
~a} If the operator of the o •
or state or fe utdaor cafe violates this code
deral law;
fib} 1f the conditions s eci ~ •
ion er bei P feed ~n section 7.450 1 are no
g ng met; ~ }
~c~ Tf the operation of the
to person or r outdoor cafe presents a dan er
p operty, g
. ~4} a permi t issued ursuan •
temporarily sus end P t to section 7.450 of this code ma
p ed if the public interest re wire y be
way far a public event, canstructia ~ $ use of the right of
n, repair, or any other purpose.
Section ~. That the matters co '
nta~ned herein concern the ublic e
P wl
fare and safety and therefore
an emergency is hereby declared to exist
and this Ordinance shall become e ~ •
ffect7 ve ~mmed~ ately upon its a
p sage by
the City Council and a royal b
PP y the Mayor.
Passed by the City Council thi
s Approved by the Mayor this
14th day of May, 1984
lC~~-
f~~-~ City ecorder --
14th day of May, 1984
-~ ..C~~
Mayor