7.20.015 Sidewalk Cafes and Commercial Parklets.
A. Sidewalks, rights-of-way, and other public property cannot be used for the sale of food or beverages to be consumed at tables or other retail uses unless the seller has obtained a sidewalk cafe or commercial parklet license. Licenses must be renewed annually and are nontransferable.
B. A sidewalk cafe license is required for businesses to serve food or beverages to be consumed at tables on the sidewalk adjacent to the business use. Sidewalk cafe licenses may be issued if:
1. The applicant lawfully operates a restaurant adjacent to the right-of-way for which the applicant seeks a license;
2. The owner of the restaurant property consents to issuance of the license; and
3. Seating must maintain an accessible passageway of five feet on the sidewalk and must be ADA accessible.
C. A commercial parklet license is required for businesses in the Downtown District to provide a small outdoor seating area in on-street parking spaces, a loading zone, or alley space, as applicable, adjacent to the restaurant, bar, or retail business, for use for longer than one week. For uses of less than one week, parking spaces may be reserved through the City’s parking permit system.
1. In addition to the generally applicable application requirements of BC Chapter 7.10, an application for a commercial parklet license must:
a. Identify the restaurant, bar, or other retail business(es) the applicant lawfully operates adjacent to the right-of-way for which the applicant seeks a license;
b. Include the consent of the owner(s) of the business property(ies) to the issuance of the license;
c. Include a site map of the intended layout and use of the space proposed for the commercial parklet, including the location and type of barriers between the parklet area and right-of-way, all proposed propane or other heating elements, proposed electrical cord crossings of public sidewalks, and all other information required in the application provided by the City;
d. Include an emergency protection plan that includes the location of all emergency access points, water supply (e.g., fire hydrants), tents, canopies, heat sources, and temporary structures; and
e. Identify the periods during the year the commercial parklet will be in use and the proposed hours of daily use.
2. Business operations in areas approved under a commercial parklet license are subject to all the terms and conditions of the associated restaurant or bar’s food service permits and alcohol licenses, or business license.
3. In addition to the application requirements, the requirements of BC 7.20.025, and the requirements of BC Chapter 7.10, the following general requirements apply to commercial parklets:
a. Adjoining or adjacent businesses may submit joint applications for commercial parklets. Parklets shall only be operated in parking spaces adjacent to the applicant’s business frontage.
b. Tables/displays must not block entrances, exits, fire lanes, hydrants, sprinkler connection points, drive aisles and back-up areas that continue to be used by vehicles, or pedestrian or ADA access.
c. Building and fire access requirements must be maintained.
d. Routes and dedicated parking required for compliance with the Americans with Disabilities Act (ADA) and associated federal laws must be maintained. Commercial parklets are not allowed to be located within parking spaces marked for ADA accessibility.
e. Applicants must continue to comply with all other City codes and regulations (e.g., noise code).
f. No permanent structures or modifications to or use of the right-of-way that could result in permanent damage to public infrastructure are allowed.
g. Commercial parklets may operate year-round and must maintain snow removal requirements as determined by the City.
h. Commercial parklets are not allowed on streets with speed limits exceeding 25 miles per hour.
i. The commercial parklet and all associated furnishings, structures, and equipment in the parklet area must be removed at the licensee’s expense when the approval or license ends or is revoked, and upon the request of the City Manager or designee. If the licensee does not clear the area, the City may clear the area with the licensee liable to the City for the cost of such work.
4. Commercial parklet licenses will be issued to take up no more than five percent of the on-street parking in the Downtown District. Licenses will be issued on a first-come, first-served basis. [Ord. NS-2409, 2021; Ord. NS-2323, 2019; Ord. NS-2157, 2011]