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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 -, --. -i_ 7-- -7--- -, -. - -,- -... ---1 -"- -1 r ,- -, �J _.,..., -- -- - - L- - --LL,._ -_ _ I I , L j 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