HomeMy WebLinkAbout2009-5-7550ORDINANCE NO. 2009-5-7550
AN ORDINANCE AMENDING SECTION 98-6 OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH
WHEREAS, the City Commission has enacted a series of ordinances that
authorizes restaurant operators to sell food and beverages on city sidewalks through use
of a sidewalk caf6; and
WHEREAS, these ordinances establish a permit process and regulations
that govern the sale of food and beverages on city sidewalks; and
WHEREAS, it is the intent of the City Commission that these ordinances
preempt all existing ordinances that regulate such type of activities on city sidewalks; and
WHEREAS, it is necessary to amend Section 98-6 to delete the provisions
relating to the sale of food and beverages from the regulations provided under this
section.
sidewalk.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 98-6 is hereby amended to read as follows:
Sec. 98-6. Sale of merchandise of food an beverages on
(a) Any merchant who regularly engages in a the retail sales of
merchandise business ^ esta ,,- nl business shall have the right
to display and sell merchandise ^r to se e food an beverages
•regularly sold by such merchant on any city sidewalk
which adjoins the place of business of such merchant without the
necessity of procuring a permit which is otherwise required
pursuant to section 98-3. Provided, however, such activities shall
not extend into anyadjoining street or thoroughfare.
(b) Notwithstanding the foregoing authorization, any merchant
who displays and sells merchandise ^r sells feed and .ever-ag on
city sidewalks shall comply with the following regulations:
(1) The display and sale of merchandise and the servi e ^�
feed .,n beverages on any city sidewalk shall only take place
during the business hours of the merchant, and all
merchandise, including any display apparatus, and any
equipment or other related apparatus, together with any trash
and debris, shall be removed from the city sidewalk
immediately upon the close of business. Further-, iie tfa''^ ^"
debris may be left on the sidewalk,
(2) The display and sale of merchandise and the sefviee ^�
feed a ll overages on any city sidewalk shall be done in an
orderly and reasonable manner, and shall at no time obstruct
the public's reasonable access upon
and across any city sidewalk or right-of-way, nor shall it in
any manner be inimical to any necessary emergency or safety
access. Fui4her-, no peFtien of the adjoining ei*y stFeet may -he
used.
(3) Any merchant who displays and sells merchandise of
on any city sidewalk
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shall regularly inspect the city sidewalk which adjoins the
place of business of the merchant for defects or hazardous
conditions, and, should any defect or hazardous condition be
found, the merchant shall immediately cure and remedy such
defect or hazardous condition, and, in the event such defect
or hazardous condition cannot be immediately cured and
remedied, then the merchant shall provide visible notice to
the public of the existence of such defect or hazardous
condition and otherwise preclude the public's access upon
such defect or hazardous condition until such time that the
defect or hazardous condition is cured and remedied.
(4) Any merchant who displays and sells merchandise
n any city sidewalk
shall maintain premises and general liability insurance which
provides general liability insurance coverage for such
merchant's use and activity upon any city sidewalk, and shall
cause the City to be named as an additional insured under the
policy. The merchant shall also indemnify the city and save
it harmless from any claim or cause of action which may be
asserted by any person against the city by reason of the
merchant's use and operation upon the city sidewalk, or by
reason of the merchant's violation of any provision as set
forth herein. (Ord. No. 93-6-4960, 6-29-93; Code 1996, §
101.06)
SECTION 2. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
J/� • &ck
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, May 12, 2009
Adopted by the Board of Commissioners, May 19, 2009
Recorded by Tammara S. Brock, City Clerk, May 19, 2009
Published by The Paducah Sun, May 26, 2009
Ord\plan\98-6 112417