12.42.040 Terms and conditions.
A. The Director may issue a permit for use of a sidewalk for sidewalk cafe purposes in the event and to the extent that he or she determines that:
1. The applicant is the owner or occupant of the adjacent property and operates a cafe, restaurant, or tavern thereon;
2. The proposed use for a sidewalk cafe would not unduly and unreasonably impair passage to and fro by the public on the sidewalk for which the permit is sought and is consistent with any applicable standards established by the federal Americans with Disabilities Act;
3. The proposed sidewalk cafe area is included within a food-service establishment permitted by the city and authorized by the Grays Harbor County Department of Health.
B. The Director may include in the permit such terms and conditions as the Director may deem appropriate including, but not limited to:
1. Restrictions as to the number and placement of tables and chairs and as to the hours and dates of use;
2. A requirement that the area be cleared when not in use as a sidewalk cafe, or upon the order of the City Engineer or other appropriate City officer such as the Chief of Police or Fire Chief or their authorized representatives;
3. Provisions that the applicant shall maintain the sidewalk in a clean and safe condition for pedestrian travel;
4. A requirement that the applicant clear the sidewalk as may be necessary to accommodate deliveries to adjacent or other nearby properties;
5. Regulations upon lighting and illumination of the sidewalk cafe; limitations upon noise; and restrictions upon the placement of furniture or equipment used in connection with the sidewalk cafe;
6. The posting of a surety bond or establishment of an escrow account in accordance with the provisions of this title;
7. If the sidewalk cafe causes a change in pedestrian travel patterns, appropriate repairs to the sidewalk in the immediate vicinity in order to accommodate the change or to assure compliance with the federal Americans with Disabilities Act;
8. Restoration of the sidewalk upon completion of the use.
C. Unless expressly authorized by the City no pavement shall be broken, no sidewalk surface disturbed, and no permanent fixture of any kind shall be installed in or on sidewalk area in connection with a sidewalk cafe.
D. The Director may suspend or revoke the permission granted if an applicant violates this title, any implementing rules, or the terms and conditions of the permit.