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ORDINANCE #93 -QE)
AN ORDINANCE AUTHORIZING THE USE OF CITY
SIDEWALKS BY MERCHANTS FOR THE PURPOSE OF
DISPLAYING AND SELLING MERCHANDISE AND
SELLING FOOD AND BEVERAGES AND REPEALING
SECTION 28-9. SALE OF GOODS, WARES, AND
MERCHANDISE ON STREETS, SIDEWALKS OR
ALLEY, OF THE CODE OF ORDINANCES
WHEREAS, the City presently requires any person who desires to place
any obstruction on any sidewalk of the City to procure a permit from the City for such
obstruction; and
WHEREAS, many merchants, specifically merchants located in the
downtown area, desire from time to time to sell their wares or to provide food and
beverage service on the sidewalks of the City which adjoin the place of business of
such merchants; and
WHEREAS, it is the belief of the City that the merchants should have the
opportunity to sell their wares and to provide food and beverage service on City
sidewalks which adjoin their respective place of business without the necessity of
procuring a permit; and
: WHEREAS, it is the present intent of the City to now permit same
-� without necessity of a permit, provided, however, that all merchants comply with the
hereinafter prescribed regulations:
NOW, THEREFORE, be it ordained by the Board of
Commissioners of the City of Paducah, as follows:
SECTION 1. Any merchant who regularly engages in a retail sales
business or a restaurant business shall have the right to display and sell merchandise
or to serve food and beverages which are 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 28-3 of the
Paducah Code of Ordinances.
SECTION 2. Notwithstanding the foregoing authorization, any merchant
who displays and sells merchandise or sells food and beverages on City sidewalks
shall comply with the following regulations:
(a) The display and sale of merchandise and the service of food and
beverages on any City sidewalk shall only take place during the
business hours of the merchant and all merchandise, including
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any display apparatus, and any equipment or other related
apparatus, shall be removed from the City sidewalk immediately
upon the close of business. Further, no trash or debris may be
left on the sidewalk.
(b) The display and sale of merchandise and the service of food and
f beverages 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. Further, no portion of the adjoining
City street may be used.
(c) Any merchant who displays and sells merchandise or provides
food and beverage service on any City sidewalk 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
t
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.
(d) Any merchant who displays and sells merchandise or provides
food and beverage service on any City sidewalk shall maintain
premise and general liability insurance which provides general
liability insurance coverage for such merchant's use and activity
upon any City sidewalk. Such 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
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by reason of the merchant's violation of any provision as set forth
herein.
SECTION 3. Any person violating any of the provisions of this
Ordinance shall be fined in a sum not to exceed One Hundred Dollars ($100.00) per
violation per day. Additionally, the City shall have the right to immediately cause the
( abatement of any violation hereunder.
SECTION 4. This Ordinance repeals Section 28-9. Sale of goods,
wares, and merchandise on streets, sidewalks or alley, of the Code of Ordinances.
SECTION 5. This Ordinance shall be given two separate readings in
accordance with law and shall become effective upon publication of title and certified
summary thereof.
GERALDINE B. MONTJIG0WRY, MAYOR
Introduced by the Board of Commissioners
June
22,
1993
Adopted by the Board of Commissioners
June
29,
1993
Recorded by Acting City Clerk
June
29,
1993
Published by The Paducah Sun
July
6,
1993
ORD\7540