1. Place any furniture on any portion of the public property other than as allowed in this chapter and by the terms and conditions of a sidewalk dining permit. In no event shall such items be placed in the landscaped areas or extend beyond the bounds of the permittee’s business or the borders approved by the city public works department. For the purposes of this chapter, the “bounds of the permittee’s business” means that furniture must be located alongside, but not beyond, the corners or ends of the permitted establishment’s outside walls. The sidewalk dining area will be made to conform to a specific location as set forth in the permit, and will be designed so as to ensure that there is adequate right-of-way for pedestrian travel.

2. Fail to designate the sidewalk dining area by a physical barrier in a manner required by the Arizona Department of Liquor Licenses and Controls. Any such barrier shall be removable and nonpermanent.

3. Block or restrict a paved portion of the passageway to less than 60 inches in width or block the ingress/egress to any building. Also, no items shall be placed so as to block any doorway, driveway, crosswalk, or counter service window. Distance shall be measured along the paved portion of the passageway at the narrowest point between the outer edge of the sidewalk dining area border and the nearest immovable object on the sidewalk or to the front of the curb, or to the point where the sidewalk pavement ends, whichever is closer.

4. Arrange the furniture so as to impede the efficiency of or pose a hazard to the pedestrian path or street corners. Any part of the furniture extending beyond the border of the sidewalk dining area shall violate this section. In areas of congested pedestrian activity, the public works department is authorized to require a wider pedestrian path for the protection and welfare of the public.

5. Place or allow single or multiple tables for displays by organizations, establishments or businesses for vending goods, for distributing information or for displaying goods in the permitted sidewalk dining area as these activities encourage people to stop, loiter, overcrowd the sidewalk or obtain correct change, all of which potentially impedes the efficiency of the pedestrian path, and conflicts with the city’s style and ambience which the city seeks to preserve, unless sidewalk sale, special event or other appropriate permits have been granted pursuant to the issuance of a temporary use permit as authorized by the land development code.

6. Sublicense the sidewalk dining area separately to nonoccupants of the premises.

7. Use furniture and any other objects of such quality, design, materials, and workmanship that are not approved or otherwise authorized by the community development director, including but not limited to the following:

8. Fail to secure permission of the landlord where a building has multiple occupants.

9. Operate a sidewalk dining area without the insurance coverage required in this chapter.

10. Sound or permit the sounding of any device outdoors which produces a loud noise or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device in violation of the city’s sound control ordinance as set forth in Chapter 8.25 SCC. For purposes of administering the sound control ordinance, the boundaries of the outdoor dining areas will be determined by reference to the permit diagram that is submitted with the application for a sidewalk dining permit. The city reserves the right to decrease noise levels of businesses if they interfere with public activities.

11. Fail to pick up, remove and dispose daily all trash or refuse. Also, the permittee’s trash receptacles and bussing equipment shall not be permitted to remain in the sidewalk dining area after hours, but shall be stored indoors. Trash or refuse found within or emanating from the sidewalk dining area shall not be put in city sidewalk trash receptacles, but shall be placed in the business establishment’s receptacles.

12. Fail to remove daily from the public right-of-way all grease, stains, food spots, liquid residues, etc., caused by the operation of the sidewalk dining area. All cleaning procedures and process must comply with the provisions of Chapter 13.50 SCC, concerning storm water discharge.

13. Store, park, or leave any vehicle, truck, or trailer within the sidewalk dining area.

14. Use the sidewalk dining area to place, display, or sell nonfood merchandise to the patrons of the establishment or to the general public.

15. Use the sidewalk dining area to stock or store furniture or other items not in use.

16. Place more chairs or tables beyond the number authorized in the sidewalk dining permit. [Code 2006 § 7-14-5. Ord. 2010-18 § 1, 12-14-2010; Res. 2010-33 Exh. A, 12-14-2010].