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'1"''-'-'> I->\. , DO.:M.""""~t 0.""b""t!~.( ski sJ ~ j() 't.R.-f.Ro , ,PPc I T Y 0 F ASHLAND Downtown Task Force Summary Report August 21, 2008 At the initiation of Mayor John Morrison and in conjunction with the Ashland Chamber of Commerce, a Downtown Task Force was created and charged with reviewing and providing remedies to address the following issues affecting downtown merchants: . The current policy on parking restrictions within the downtown area; . A review of.the City sign provisions related to the requirements for temporary signs and the use of three-dimensional representations as sign structures and education of business merchants and community with respect to city sign code requirements; and . Permissible encroachment upon downtown public sidewalk, At the first of what turned into five consecutive Monday afternoon meetings in July and August, Mayor Morrison explained his view on the charge of the Task Force, and encouraged the members to focus on immediate concerns that can be addressed within a "fast track" timeline, At the request of Task Force members, City Staff presented a list of issues for discussion and potential options to consider that may resolve or at least alleviate impacts associated with each particular issue. Over the course of the five meetings, the Task Force solicited public input, received information and potential options from City staff, discussed the variety of options and ultimately voted on a recommendation for each issue, The following summary is divided into two pieces. The first piece includes immediate fixes to some of the most visible and controversial issues. This has been presented in the format of an issue statement, Task Force recommendation and supporting reasoning, In the second piece, the summary report identifies two issues that the Task Force recommended warranted additional review by City staff, These items were believed to be outside the initial charge of the Task Force, as well as beyond the expedited time table set for addressing the three immediate issues affecting downtown merchants, Suggested Immediate Solutions Downtown Task Force Summary Report 1 Issue #1 Particularly in the Downtown area, the current limitation of two exempt signs per business, with each sign not exceeding a size of two square feet, does not seem to meet the needs of many local merchants, Recommendation: Increase the number of exempt signs from two to three in the Downtown Area, The allowable area of the third sign would be increased to three square feet, rather than the current two square feet allowed for the other two signs ~ " Reasoning: The additional exempt sign will permit businesses increased flexibility in how they allocatesignage, providing an opportunity for a merchant to adapt when there are changes in services and/or merchandise-offered, Additionally, the change would address specific concerns raised by restaurant owners regarding the need for increased flexibility with respect to posted "menu" signs, Issue #2 The Sign Code currently prohibits three ~imensional statues, caricatures or representations of persons, animals or merchandise from being used as a sign or incorporated into a sign structure, Recommendation: For properties within the Downtown or one of Ashland's four Historic Districts, allow one of the three exempt signs to be three-dimensional. Accordingly, the 3-D sign would be limited to a maximum size or volume of 3 cubic feet. Recommendation: Allow an additional exempt 3-D sign for properties outside the Historic Districts with a volumetric maximum (for example, 20 cubic feet), This would create an additional sign category and sign area in addition to the total sign area allotment under the current code, The three-dimensional . sign would be required to be ,setback from the public street, and standards would be established for sign placement, size, height, surface detailing, illumination. materials and construction methods to assure any such sign would be of durable materials and quality construction consistent with Ashland's existing sign standards, Reasoning: The removal of the prohibition of three dimensional objects for signage provides unique and creative options for Downtown Task Force Summary Report 2 businesses to connect with their customers and the community, Through the sign code amendment process, additional limitations could be placed upon the 3-D signs in order to ensure that th~ community is adequately protected from an emergence of 3-D objects that are out of scale with the building or that create too large of a visual distraction. Issue #3 Some businesses, by virtue of their physical location and entrances, such as smaller side streets and alleys, have limited signage opportunities along the main streets within the downtown area, Recommendation: Increase the maximum distance that a sign can project from the building face from the current 18 inches, to 24 inches from the building face. Existing State Building Code addresses the minimum height above grade (sidewalk level) needed for any structure or sign to project over the public right of way or sidewalk. Reasoning: Increasing the amount of projection may provide better angles of visibility for businesses located on side streets or public 'alleyways, The increased projection provides an opportunity for the sign to function as an architectural element of a building while still having a scale that is not disproportionate and overpowering to a business frontage, Issue #4 Sign Code compliance efforts have included enforcing the current prohibition on off-premise signs, generally consisting of the placement of temporary, movable signs (Le, sandwich boards) upon the public sidewalk or other public property, Some merchants feel that due to specific characteristics associated with location of their business frontage they lack adequate exposure, Off-premise signage is one means of drawing attention to the business location, Recommendation: Create a set of policies and implementing guidelines for the placement of informational/directional signs by the City in the right of way or other publicly controlled property. The guidelines should specify standards for the signage, which may include maximum size, color, font, content (name, arrow, type of business, etc), materials and location, For example, an informational sign could be installed at the entrance to an alley with the words "more shops" or Downtown Task Force Summary Report 3 "restaurants" or "galleries". In situations where physical site constraints limit visibility from the primary public right of way, an option for integrating a specific business name as an element of the City informational signage could be included into the guidelines, Reasoning: This is in recognition of the fact that there exist unusual situations where, through no fault of a business owner, the location and exposure of a particular business frontage may be uniquely constrained. Issue #5 The use of the public right of way for private commercial use is limited by the Municipal Code to Sidewalk Cafe's (AMC 6.44), which may not be the most equitable method for allocation of our limited public resource, downtown public sidewalks, Recommendation: Amend the Sidewalk Cafe ordinance to allow any abutting property (within a commercial or employment district) the opportunity to obtain a permit for private use of a portion of the public sidewalk, as long as specific public safety and access standards have been met. The permit fee would consist of a base charge and an additional charge for each square foot of public sidewalk space being privately utilized. Reasoning: In the absence of some compelling issue related to the public interest, there should be an equitable allowance for use of public sidewalks for private use, The broader issue is one of fairness and, specifically, whether or not restaurants should be the only business with use of public sidewalk space, Issue #6 The business community has noted that there is inconsistency within the encroachment permit process, which does not have clear standards for what types of functional objects are encouraged, allowed or legal for placement upon a city sidewalk or within the public right of way Recommendation: Create an ordinance or other appropriate approval process by which specific functional items (planter boxes, benches, trash cans, safety items, etc) may be established upon the City sidewalk, This would be contingent upon the items meeting city specifications, as well as retaining minimum Downtown Task Force 4 Summary Report Reasoning: Issue #7 clearance, public safety and placement standards, Individual permits for items meeting such standards would not be required, while'items that do not conform to the standards could be eligible for some sort of review and permit procedure, Additionally, the Task Force recommended that the City Council direct staff to explore an exemption to have free use of the shy zone, the area along the sidewalk within 12 to 18 inches of the building face, for placement of such amenities as flower boxes, door stops, spittoons, etc, The Task Force was very intent on solving this issue in a way that encouraged the "right stuff' to be able to be placed upon public sidewalks to help beautify the streetscape, increase pedestrian comfort and also allow some individual expression within the constraints of public safety and access considerations. Creating a list of the types of "functional objects" that would be permitted, accompanied by minimum standards and specifications to assure quality, would eliminate the need for individual permit requirements that could easily result in discouraging businesses from enhancing the streetscape, The proliferation of newspaper and other miscellaneous publication racks within the downtown is creating a variety of problems, both functional and aesthetic, Recommendation: Create an ordinance specific to installation of newspaper and other publication racks, Standards could be included related to rack placement, maximum size and dimensions, allowance for grouping of racks, distance between groupings, etc, The ordinance would also address aesthetic standards such as materials, maintenance and use to ensure durability and public safety, as well as to eliminate ongoing problems of litter, abandonment and use of racks for displaying materials not qualifying for placement upon the public right of way, Reasoning: It was unanimously agreed that the proliferation of newspaper racks in the downtown area has reached a point where regulation on use and placement is critical. The current lack of regulation and oversight has led to somewhat of an "anything goes" situation, and City staff has minimal ability to address the issue. Downtown Task Force Summary Report 5 Issue #8 Downtown business owner and employees are frustrated with the seemingly inconsistent enforcement of the downtown employee parking ban and also have expressed concern over its potential overreaching effect of limiting owner and employee access to the downtown area while not at Work. Recommendation: Remove the existing seasonal ban on employee parking in the Downtown Area. Reasoning: The conclusion of the group was that the ordinance was put in place primarily at the request and benefit of the business cqmmunity, If local merchants believe the employee parking ban is cumbersome and difficult to effectively enforce, it would be reasonable to remove it and leave the matter to the business owners to self regulate through informing their employees, Issue #9 The City has several parking management items that need to be resolved to more efficiently administer the downtown parking program, Recommendation: Create ordinance language that allows the City to tow vehicles that have either five unpaid parking tickets or a total unpaid parking ticket balance of $250, Additionally, the City should develop a final, very visible, warning placard to be placed upon a vehicle at least 24 hours prior to the vehicle being towed. The Task Force does not recommend the use of a booting/immobilization device over the option of towing the vehicle, Reasoning: While this aspect of the parking issues downtown wasn't specifically part of the charge of the Task Force, the recommendation for the removal of the employee parking boundary created the need to address related parking issues so the Task Force added their recommendations in these areas as well, The Task Force believes the City needs effective tools to assist with the collection of unpaid parking fines from flagrant parking violators, The use of a boot or other immobilization technique, however, is a very noticeable means of deterring violations and may not send the appropriate type of message to members of the community as well as visitors, Downtown Task Force Summary Report 6 . Additionally, the booUimmobilization renders the parking space unusable until the operator contacts the City and pays the fine due or until it gets towed, which most likely results in a 12 to 24 hour time period, Additional Suggested Considerations Before concluding their charge, the Task Force identified two issues where additional follow-up work would be necessary, The following items for Council consideration were believed to be outside the initial charge of the Task Force, as well as beyond the expedited time table set for addressing the three issues immediately affecting downtown merchants, Nevertheless, the Task Force recommended that the Council allocate staff resources to conduct follow-up work in these areas, Recommendation for Two-Year Review of Sign Code Amendments The Task Force recommended that any amendments to the sign code be reviewed and evaluated after two years, This would provide an opportunity to assess the effectiveness. and implications associated with the committee's proposed changes, Recommendation to Exempt Public Art from City Sign Code The Task Force recommended that the City sign code should be amended to include an exemption for Public Art once an appropriate process is adopted for reviewing and approving the installation of public art. The proposed change to the sign code would be completed simultaneously with the adoption of a public art ordinance, which establishes processes and criteria for the acquisition and location of public art within the city limits. Recommendation for Sign Code Review/Education While the Task Force supports the intent of the existing sign code and appreciates the positive impact it has had on downtown Ashland, there was general agreement that, as currently written, is difficult for the business community to understand, leading to unintentional non-compliance as "sign creep" over time, The Task Force recommended a possible review of the code to simplify its design and, at a minimum, consider developing illustrated educational materials, Additionally, city staff would be available at a merchant's request for on-site review in order to increase awareness and reduce future violations, Downtown Task Force Summary Report 7 D(X, JV-b~ I ~ 3/ Lj [f (2...}'Qffi(.~ Repealed Chapter 6.44 set forth below for the convenience of the reader, 6.4 4 Sidewalk Cafes 6.44.010 Purflose The purpose of this chapter is to permit lIRd encomage sidewalk dining tllat is compatible ,.vith other uses oftlle public side'Nalk. The City finds tllat sidev,'alk caf~!i. encoHrage a d . , d' hi' II ...."...- "'II d pe estnan onente envlfonment, e p to create a 'ilsua y attractr,'e'atmosp ere an streetscape, and promote overall commeree. T-.';' V''''f~ "~';;j4' 6.44.020 Permit Required . , "'~ ~~ . '{ 'Th.. Private commercial ase of public sidewalks for tlle purpose of operating a sidewGl$"~afe in tile City is prohibited unless a permit is obtained from't.he Pubi.!e'Works DepartmeR{as 'd d' II' II ."'" proVI e m t IS c apteL' . 6.44.030 Definitions . "-:;j.t'k ...".{'>:'i>1~i' '. w~,':Y,'._ ""~, 04f"~;)~1(~*~~ . 'Yt\" ,.->:!,-', ":'Jii0,,"\i;j;ji' abuts the subject sidewalk,cafe site e)(clading:fJ!ililic right of;\\-ay. ~. _ f;~~-'V --"~- ~'::J~>' ~~_- Jf B. .^.djacent s1~e.;(i,\,lk ar-ea. \~~ portion of th~,public sidewalk between tlle cmb line and the property line <ieffi,<li'cfited b);,~J(tending the sid~!building lines ofthe premises until they intersect tile cmb, "';;, ,", . 'c'\;~ .:rc.... .P ~~'.:., ., :...~:.:::;(',' . d1i'ri"',}':t9J;f~t::;':c~, " : ",'. ""-:~_"'t:, C. i)perate'a'sidi:Jwalk cafe: Serving food or beverage from a restaurant to patrons seated ~ rJJ' -''''"- ""V,"-'~C'a .~ ",.". ',," at~bles located witl!in'tfle adjaeeHtsidewalk area, including, in the case of a permittce in "pif~~~sion ef a valict"l1t~~e f-or iR~~~le'of alcohol be','erages covering sacA sidewalk, tlle '4.,~!1<.f hb ""... 'd" 'i< ' h Ef 'd II sernce:o suc everages;:or pre','1 mg seatmg or patrons III tea Jacent 51 ewa (area, '"~ m,s/) ,.,- ~""'~" ,:......'. . r:;; . t'!f~1 ". ..... \1" .~~'~, . i and adjusted annu:;-lly by the cpr for the previous calendar year. 6.44.0S0 Permit i\pplieation .^., .^.pplioation f-or a permit to operate a side'Nalk cafe shall be made at the Public Works Department on a form provided, TlIe reql1est for permit shall minimally contain: Repealed Provisions Page I I. ,A. completed applioatian; 2. }\ soale diagr-am af the area for sidewalk oafe use, '.vith dimensians sha'lm; 3. f. certificate af insmance afld endarsement farm; afld 4, The lacatian and descriptian af the tables and materials requested to be in the right af way, B. Other infarmation shall be provided as required by the Public Works Director to carry aut the purpose of this ohapter. Ii.H.OliO Notice Reljuired Prior ta rendering a decisian, the Public Works Directot~Gll ~ail abutti~g' praperty owners and occupants natice that an ajJplication far a side1:~lk caf-e has been filed, Th~~n,(Jtice shall ~a~in a capy af the diagnun submitted by, the"J@,!\iant, state~'hether ar nat tlle,;fJ:\!j,iness. IS lic~nsed ta se~v~ alcahalic bever-ages whlOhmay ll~~..tr..ed ~ansumed at th::09Iaewall( cafc If the permit IS granted, and state that all camment~,:'caacernlHg the propased' Sidewalk cafe must be received by the Public Works Departmem'1;'lJiiliia 15 calendar days fram the, 'W,~~.. date afmailing the natice, The applicMtshall alsa be require(i~WUlast a capy afthe public natice in a readily ...isible lacatian an the[roatage afthe appl):i~gbusiness establishment f-or 15 calendar days, . ' ' . 011" Ii. H.070 LocatioR Rulesi$1~:,~cview Criteri~.".1' 4~".\ ", .,\, The Publio We'i-1.s Dire~;~~~hall review ~lie application for its campliance with the fallawing criteria:. 1JJ!j ,~ J:h . ~'" tJ" ,~'(,< fl" . . .~'... 'd..;'-';~?", - ',.' :fh 'f ~'d- . 1I~~r ' d < h' h 'd' h' Ii 1. e.?p':?~l1gn a a SI.J~X~ (ca e;!~~~!.!' :ta structures w.w are.slte V"I~ 1R ten eet af a pubIHrslae'lIlllk,.and ....4iJch,are lacatei!ll~ne af the fallawmg zanlng dIStrIcts: C I D .:j_ot' '-"'>:3,' -' . '\"(f,1d';,.. (C~~mercial Da\Vfl!g:~Ii)), C 1'(Sg~eroial), ar E I (Emplayment), . .'. !i!!k;*"".~1" (. ; .~'->'''',. . '" . ~0.;Ef;;W .' 2. ".,The aperatian af a sidewalk cafe~ shall be lacated such that there is at least sil( feet clear and Uf1iJitstructed passage,~..ay bet\feen the sidewalk caf tables, chairs and barriers and street tr~'e~: bike racks, lamp pasts, sign pasts, and any ather fil(tures ar abstructians. The Public W orlt~;~jr,ectar mil)' require mare than sil( fcet if necessary ta protect the public safety, The Publi'e';Warks'Directar may alsa reduce this requiremeRl where unusual circumstances eJ;;Stima \",'here public safety wauld nat be jeapardized, ::-::i' 3. The sidewalk cafe may anly be lacated in the adjacent sidewalk area to the applicant's business, but may el(tend in front af adjacent businesses with the ....Titten cansent af bath the property O'.\'ner aAd the business awner, subject to review by the Public Works Director. 4, The sidewalk cafe shall be located fi'..e feet from driveways and alleys, and ten feet from intersections, These requirements may be modified by the Public Works Director where unusual circumstances clcisl. Repealed Provisions Page 2 5, The location of the sidewalk cafe shall be as approved by the Public \Vorles Director. B. The PHblic Works Director shall f-orward all applications for review by the Police Chief f-or any lmsiness 'Nbo holds a valid liqHor license, or in which aleoholic beverages are intended to be served. I, The Police Chief upon review of the application will sign the application f-or eoncurrence with granting the permit, or; ~ 2. Submit a memorandum of concerns to the Public Worles Direettrr~fur eonsideration. &~ C, The Publie Works Director shall forward all apPlicatio~ir~~1~j~~: by the Director of Community Development. The Director shall determine ~he~0ning oftl:i"e"I'~quest, and d . h . h h d" 1<' h It' . , """" . f h b d eterml~e 'II et er t e propose use IS IH eon ormanc~ WIt. t. e,reqlmeme~t~~_ t e an Use Ordmance, \ ;'0~" ' ~~.3.&f"., " "~fuh.tA' -.r!" j/ (1,41.080 Lillbility IInd Insurllnce \., f.-. Prior to the issuance of permit, Permittee shall: 'il!:~ ;,;" !.. Furnish a signed statement, with 1We;~fipH~ion, that th~'~~iln(tte\l shall defend, indeffiRify and hold harmless the City, its'\~ffieeiS~~;JLd employees;fr,om any claims for damages to projlerty or injury to persons t,\,jlich ~y~~n connection with an activity carried on under the ~e~~y;;(t~e permit.\~ . 'V'~ B. Furnish and m!ijntain sHcnpublic liability~food products liability, liquor liability and property damage{iIi~urance as'.Vi,ll protect jleniilitee and City from all claims fer damage to -r ;-,.,;,.,.., . '0Jit~A . . . property or bodily IIljl,lry, IHcludlRg death, WlllCh'~y arise from ojleratJens under the jlermlt or in cOHflection there'/iit~;'~,lleb.'ifl~i~~,~,~_a!lJfovide coverage of flOt less than the amoun10f~h;eil?al tort lialJility undert-lle:Qr~gon Tort Claims :\ct. Such insurance shall be ,.viili~jitdil~;t~,co'ierage,f',therwise elcisting, and shall name the City, its officers and CI~~ityees, as addilieA~tiHsureas,.a!l<!.shall further provide that the policy shall not ,tiffil'ihate or be cllflceUiafRrior to tile'el(piration of the permit without 30 days wi"itten notice ~0fc~~'1[~~ '!. ,:~i-.; W (1.11.090 Forms:& CORditioRs of Permit ~Jr !.. Requirements:fotall sidewalk cafes: , JY I. Each permit issued shall terminate December 31st of the year in ,<,mich it is issued, Requests f-or rene'Nab shall be filed with the Public 'Vorles Department after lanulll')' I. The Public Viorlm Dir-ector may approve, approve with additional conditions, or deny the request for renewal. No application fee shall be required for renewals, An ar.nual permit fee based on the number of seats authorized is due at the time of the initial application and each renewal. . .'. ^ ~ . Repealed Provisions Page 3 2. The permit issued shall be persOl'la1 to the permittee only and is not traflsferable in any manner, 3. The permit may be temporarily suspended by the Public Worles Director if the public interest re(fuires use of the right of 'Nay for a public event, construction, repair, or any other purpose, 4, The permit is specifically limited to the area approved or as modified by the Publio Works Director, and will inelude a diagram indicating the area approy~dJor the side'Nalk /"-0~"""N<.,1t. caf and the location of the tables and materials permitted to be in.tIle riglkof way. . ,,,:~<t' , .~,~" 5. The operatIOn of the Sidewalk cafe shall be such that there IS at:least Sl)( f-eet from the . ,,*0tT( . """V+Y'" .. olliermost edge of the Sidewalk cafe to the street curb, that al~p moludes,~.p'lRlmum of five feet clear and unobstmcted passageway between the side;:VWk~afe table!;liil'iairs and barriers and street trees, bike racks, lamp posts, sign posts, and~~y ~ther fixtures oi"ijb~st.-uctions.. . The Public Works Director may re(fuire increasedei~arance distances if necei!l~'Jo protect the public safety, The Public Works Director m~y!al~o,reduce'-i-hese requirement\'11i~ lHlusual circumstances eJcist and where Pllblic safet;':'-{i/~uld 'mJ;l"~'j eopardiZied. }fT " ;~'f',/'':)'~' 6. The sidewalk and all things placed thcre shall at all tiffi'1rs.be maintained in a clean and ~'. "::4, orderly condition. Only those things allt1fo~~ed by the permi(~d shov.-n on the diagram may be stored in the public right of 'NJy~\'li,lftl,1lt sidewalk Caflds.not in operation, ghollld the permittee not lItiliZie the sidewalk as ~llihon2e'a~fer a period of 4 g hours or more, all the 'Wi; ;'~<;}>~:~ . tables and materials shall be removed therefrom, il:;l~i':tl~.,.",' "'. ";.:;;,r",:"j'4\sf .,j, <, ~iit/'" !"''-'{"-,, "" J;?J?' . 7. The operation ofiisidei,valk cafe requires that trash containers be pro'iided on site, - ".'.. \1> 8, f.ll reqllirect'~iii1:ling modifi"eations or parl~ill,g.improYements shall be completed prior "i,~, '~'~"", -; \'\:,;:;1.' to the commencement pf~~ ?f:!eratjo~~!:he sid~valk cafe, 1l'7< , -""',,~\::;E,,<"_" , ~;:"""";::"",":""~:::;;' . 9. }~~~~Ir~ll'be atta~h'ed,to an): f~i=ilituj{ lImbrellas, avmings, or other structme A <;'l.;,l;;?<t?J\,,~ ,-y<,~, related to tHe opeffitisn.oftHe side',valk cafe, h~~ . ~~~~~ " '" #JO:'i\~ng shall no\:~~allowedin;approved sidewalk safe areas, . 11. SiJe'v/~ cafes sHal~~e continuously supervised by employees of tHe establishment. ~.,;t~ ~V ";,~~ Nt 12, Sidewallfeafes SHall meet all requirements of the Jackson County HealtH Department. .",,~ . ,',r~ . 13. Tables, cha~: and other struotures associated witH tHe sidewalk cafe shall be kept free of litter and other debris at all times, 14. Sidewalk caf-es and adjoining sidewalks shall remain clear oflitler, food scrilps, and soiled dishes at all times. Where establishments provide take out or self service, an adeqllate number of employees mUGt be maintained to clear sidewalk cafes on a reglllar basis, Side'Nalk and flooring areas mllst be cleaned daily, inclllding adjacent side'Nalk areas. 15. The sidewalk cafe permit must be visibly displayed dmiflg business hOllrs. Repealed Provisions Page 4 I B. The City of :\silllmd has tile right to repeal or amend this Chapter and thereby terminate or modify all sidewalk caf~ operations. No permittee shall obtain any property right in the contifllled private commercial Hse of the public side'Nalk. B, BHsinesses 'Nhicil intend to serve alcoholic beverages at the sidewalk cafe must meet the following additional ref/Hirements: I, The business shall hold a 'lalid Oregon Lif/uor Control Commissisn lif/Hor license, 2, Storage of containers commonly Hsed for dispensing alcohalic beverages ta customcrs inclHding but Hot limited ta bottles, pitcilers, and caraf~s mustbe kElpt iB.side the bHsiness unless an employee is stationed in the oHtside area at all times, No tap~,](egs, coolers, ar other alcoholic be'/erage storage devices are allowed out~ide on the side'lfalk. .1 ,'r'-"'~" ~ ~. ~ 3, Sidewalk cafe where alcoholic beverages areAt~rved and{onsHmed ref/Hir-e sHpen)sion a I f il r a' , iif"'il G . G I";' y emp oyees 0 t e Icense HSIHess, as ref/U1f,e ; y tl e regop."Llquor ontro' ,X.. Commission liqHor license, 4. :\11 sen'ice and consHmption of alcoholic beverages at;siaewalk cafes silall discontinue by II p,m,' ....,;, '\~~ . . '-"--~:!~f;~~>:: 1-. .~~~~r.. . 5. ,'.II alcohohc beverage sen'lee providers mus!:!ll~o,provlde f-ooe sen'lce IH tile hcensed ,,~ ..~.<. '," '," , aFea-:- .f ~L'"- _ :. '; ~ ,', ",- ,.. ": .j fI L +:,-. ,,->I .'., The PHblic Works [)ir.e'!ta:,wlY;:dtl~y,~reYo~f:r sHspend the permit Hpon finding that any prO'lisioHefthis chail'f~r'6r condili6if"ef:r~ro'lal will be or has aeen 'liolated, ,';' .' ';';"fc'.""." '* R:Upon denial:'~~~;~~a,~ion, o:~p.ension the Public Works Director sh~ll give notice of slieil ac\ion to the applieant or periilitt"ire in ',,,,riting stating the action wilicil ilas lleen taken and iil~,fellSon tllOrefor. Tli:.e, action/fhall be effective immediately, aHt the applicant or permitteelffiP.,' make writt~R;ref/Hest, within 10 caleHdar days after the notice is issHed, for a ilearing bytIt~'ic:it)' Council! Upon hearing the matter, tile City COHncil silall render a final decision concerning the pelmit. ' -\\LP;--" ::"~. j' (i.H.110 Penalties ."'ny violation ohhis eilapter shalllle an infraction as defiHed lly ,"'MC 1.08,020, and pHnisilallle lly a fine as set forth in that section, The city f.dministrator or designee is aHthorized to issue a ciffition to any person '/iolating the proyisions of this ehapter. ,^ofter t'NO infractions, the sidewalk caf", permit shall be revoked for a period of at least one year. Repealed Provisions Page 5