§ 14-52. Restaurants as food vendors.

Notwithstanding any provision contained in this article, an owner of a restaurant situated on the first floor of a building and adjacent to a sidewalk area may act as a food vendor, as herein defined, on the sidewalk area immediately adjacent to the front of his/her restaurant subject to the following:

(1)

Said restaurant owner shall comply with the provisions of this article except as otherwise provided in this section and shall not be subject to the lottery provisions herein contained or restrictions set forth in section 14-47(1).

(2)

Said restaurant owner shall prior to requesting a license pursuant to section 14-43 shall make an application to the commissioner of public works, upon an application available from the department of public works, for a permit to act as a vendor on the sidewalk. The commissioner of public works shall review the application and, if the commissioner determines any stand or vending at the applicant's location shall not impede traffic or be a hazard and does not utilize as a stand or pushcart any vehicle or trailer that is required to be registered with the department of motor vehicles, the commissioner of public works shall issue a permit to the applicant for the duration as provided in section 14-45. No license shall be issued as authorized by this section unless a permit from the commissioner of public works has been approved.

(3)

The fee for the license herein authorized shall be as follows: The license fee shall be the greater of the license fee(s) prescribed for food vendor sites by section 14-44 which are within a radius of one thousand (1,000) feet from the exterior of the restaurant of the applicant for a license as herein provided. In the event there is no food vendor location site, as enumerated in section 14-50, within said radius the license fee shall be five hundred dollars ($500.00).

(4)

No permit/license issued pursuant to this section for a site which is situated within a radius of one thousand (1,000) feet of a location enumerated in section 14-50(a) and subject to a suspension for a community event or city event as prescribed by section 14-49, shall be valid during the period of such suspension except the suspension for a community event or city event shall not be valid unless the commissioner of parks, recreation and youth programs shall give the restaurant owner a minimum of two (2) weeks' written notice of such suspension.

(Gen. Ord. No. 40-1995, 11-20-95; Gen. Ord. No. 43-2010, 12-6-10)