Ordinance No. 2023-020d'
CLERWONT CITY OF CLERMONT
ORDINANCE NO.2023-020
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND
3 DEVELOPMENT CODE CHAPTER 125, SECTION 125-526 SIDEWALK
4 CAFE; PROVIDING FOR CONFLICT, SEVERABILITY,
5 CODIFICATION, THE ADMINISTRATIVE CORRECTION OF
6 SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE.
7 WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of
8 Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, held
9 a public hearing on August 1, 2023 and following such hearing found this Ordinance to be in the
10 best interest of the City of Clermont, and recommended that the City Council adopt this Ordinance;
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12 WHEREAS, the City Council of the City of Clermont held public hearings on the proposed
13 amendment to Land Development Code, Chapter 125, Section 125-526 Sidewalk Caf6, in light of
14 written comments, proposals and objections from the general public; and
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NOW, THEREFORE, BE IT ORDAINED and enacted by the City Council of the City
of Clermont, Florida that:
SECTION 1: AUTHORITY
The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes.
SECTION 2.
The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to
read as follows (note strikethrough indicates removed words and underlined indicates added):
Sec.125-526 Sidewalk cafe.
(a) Necessity and intent.
(1) There is a need for regulations and standards for the existence and operation of sidewalk
caf6s to facilitate and ensure a safe environment in these areas.
(2) The establishment of permit conditions and safety standards for sidewalk caf6s is
necessary to protect and promote the general health, safety and welfare of the residents
of the city.
33 (b) Sidewalk cafe authorized. Restaurant operators, eating and/or drinking establishments located
34 within the CBD Central Business District are allowed to operate a sidewalk cafe that conforms
35 to the requirements of this section and other applicable provisions of this code, and are hereby
36 made exempt from the prohibition of conducting business within a public right-of-way of this
37 Code.
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ACITY OF CLEPWONT
c ORDINANCE NO.2023-020
1 (c) Definitions. The followings words, terms, and phrases, when used in this section, shall have
2 meaning ascribed to them in this section, except where the context clearly indicates a different
3 meaning:
4 Permittee means the recipient of a sidewalk caf6 permit under the terms and provisions of
5 this section.
6 Sidewalk cafe means seating located on a sidewalk or pedestrian mall which is associated
7 with an adjacent eating and/or drinking establishments where food or beverages are delivered for
8 consumption on the premises. It is characterized by movable tables and chairs and may be shaded
9 by umbrellas. Sidewalk caf6s shall be permitted only as an accessory use to a licensed restaurant
10 or food/drinking establishment.
11 (d) Permit and application requirements.
12 (1) It shall be unlawful for any person to operate a sidewalk caf6 on any sidewalk or public
13 right-of-way within the city without obtaining a permit as required by this article.
14 Sidewalk caf6s shall only be located where permitted by the city's land development
15 code. No person shall establish a sidewalk caf6 on a public sidewalk unless such person
16 has obtained a valid permit to operate that sidewalk caf6 pursuant to this Code.
17 (2) The chief of police or designee shall have the right to remove, after 24 hours' notice, any
18 tables, chairs and other objects on public property which are used in connection with a
19 sidewalk caf6 which do not have a permit, and shall have the right to immediately
20 remove any tables, chairs or other objects on public property which impede pedestrian
21 traffic or pose a threat to the public health, safety or welfare.
22 (3) A permit for a sidewalk caf6 shall be issued only to the operator of a valid food and/or
23 drink license and operating restaurant who wishes to provide moveable tables and chairs
24 on the sidewalk or pedestrian mall adjacent to the restaurant.
25 (4) Application forms for permits to operate a sidewalk caf6 are provided by the
26 development services department.
27 (5) A scaled drawing of the caf6 area shall be required with each sidewalk caf6 permit
28 application with measurements outlining the location, boundary, tables, chairs, barriers,
29 stanchions, host or hostess stations, and other features.
30 (6) A copy of a valid business tax receipt to operate a food and/or drinking establishment in
31 front of which the proposed sidewalk caf6 will be located. The number of chairs or seats
32 to be utilized for the sidewalk caf6 must be included in the number of seats authorized
33 by the license.
34 (7) A copy of the state alcoholic beverage license and state approved site plan identifying
35 the extension of this permit to the sidewalk where the caf6 seating will operate as
36 required by this Code.
37 (e) Fees. Fees may be required as adopted by resolution of the city council.
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CLER NT
1 (f) Standards and criteria.
CITY OF CLERMONT
ORDINANCE NO.2023-020
3 (1) Sidewalk caf6s shall be located in such a manner that a minimum width of four feet is
4 maintained at all times as an unobstructed pedestrian path.
5 (2) Sidewalk caf6s are restricted to the usable sidewalk area and adjacent outdoor seating
6 area of the licensed establishment to which the permit is issued or within the usable
7 sidewalk area of the building where the validly licensed restaurant is located.
8 (3) All tables, chairs, umbrellas, heaters, signs or other personal or business property will
9 not be permitted within four feet of a pedestrian crosswalk or handicap corner curb cut.
10 (4) The sidewalk caf6 demonstrates that the caf6's seating will not obstruct vehicle
11 passengers from exiting their cars with the placement of their curbside tables.
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13 (5) Private trash containers are required for each caf6 permit. The containers shall be kept
14 clean. orderlv and placed in safe locations to help prevent capsizing of the containers.
15 (6) The containers shall be monitored and emptied on a consistent basis to prevent anv trash
16 and debris overflows. The containers shall not be used for disposing of table waste
17 generated by the restaurant and /or sidewalk caf6 customers.
18 (7) Anv trash surrounding a sidewalk caf6 permit will be the responsibility of the owner
19 and/or business occupant to pick uv and collect in a timelv manner. The city will not be
20 responsible for trash collection relating to the sidewalk caf6 permit.
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22 (g) Special restrictions.
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24 (1) Sidewalk caf6s shall be required to keep the sidewalk and close proximity free of trash
25 and debris as a result of the sidewalk caf6.
26 (2) Sidewalk caf6 operations may be required to cease immediately at the sole discretion of
27 the city.
28 (3) Sidewalk Caf6 permits are valid for one vear. Applicants may reapply provided there
29 are no outstanding code enforcement violations relating to the Sidewalk Caf6 permit.
30 The sidewalk caf6 permit is a license to temporarily use the city's sidewalks within the
31 city's rights -of -way. It is not intended and shall not be constructed as an interest in the
32 real property.
33 For the purpose of public safety, at any time after obtaining a sidewalk caf6 permit, the
34 permittee may be limited to use of non -breakable beverage containers after the police
35 department receives complaints or there are observations for the need to amend the
36 sidewalk caf6 permit to impose the non -breakable beverage provision.
37 ,(6) The permit covers the public sidewalk and right-of-way adjacent to the establishment.
38 Tables and chairs on private property will be governed by other applicable regulations.
39 No additional outdoor seating authorized pursuant to this Code shall be used for
40 calculating seating requirements pertaining to applications for or issuance of an alcoholic
41 beverage license for any establishment; nor shall the outdoor seating be used as the basis
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C �ER • N, CITY OF CLERMONT
V����CORDINANCE NO.2023-020
1 for computing required seating for restaurants and dining rooms, or as grounds for
2 claiming exemption from such requirements under the provisions of any city ordinance
3 or state law. However, additional outdoor seating authorized pursuant to this Code shall
4 be included in determining required plumbing or accessibility fixtures or other fire and
5 building code requirements.
6 Approval of a sidewalk caf6 permit shall be conditioned upon obtaining the necessary
7 state alcoholic beverage license and meeting all state alcoholic beverage requirements.
8 The approved site plan by the state for the state alcoholic beverage license to allow
9 service outside of the establishment must conform to the proposed site plan for the caf6
10 seating and must be submitted with the application for a sidewalk cafe permit. All tables
11 and chairs must not exceed the boundaries of the state alcoholic beverage plan and the
12 sidewalk caf6 plan.
13 (h) Alcohol service.
14 (1) Sidewalks caf6s are hereby made exempt from the prohibition on the sales and
15 consumption of alcoholic beverages outside of a licensed building as provided by this
16 Code.
17 (i) Liability and indemnification.
18 (1) Prior to the issuance of a permit, the applicant shall furnish a signed statement
19 indemnifying the city, its officers and employees for any damages to property or injury
20 to persons which may be occasioned by any activity carried under the terms of the
21 permit.
22 (2) A permittee shall pay, and by its acceptance of a permit specifically agrees to pay, any
23 and all damages or penalties which the city may be legally required to pay as a result of
24 the permittee's operation or maintenance of a sidewalk caf6 under this part, whether or
25 not the acts or omissions complained of are authorized, allowed or prohibited by the city.
26 (3) A permittee shall also pay all expenses incurred by the city in defending itself with regard
27 to any and all damages and penalties mentioned in subsection (1) above. These expenses
28 shall include all out-of-pocket expenses, including a reasonable attorney's fee and the
29 reasonable value of services rendered by any employee of the city.
30 (4) The permittee shall maintain, throughout the term of the permit, liability insurance
31 insuring the city and the permittee with regard to all damages mentioned in subsection
32 (1) above caused by the grantee or its agents, in the minimum amounts of:
33 a. Workers' and unemployment compensation insurance as provided by the laws of
34 this state.
35 b. Two hundred thousand dollars for property damage, bodily injury, or death payable
36 to any one person and $1,000,000.00 for property damage, bodily injury or death
37 when totaled with all other claims or judgments arising out of the same incident or
38 occurrence.
39 c. The insurance policies obtained by a permittee in compliance with this section shall
40 be issued by a company or companies acceptable to the city and a current certificate
41 or certificates of insurance, along with written evidence of payment of all required
C�ER ' N1 CITY OF CLERMONT
« ORDINANCE NO.2023-020
1 premiums, shall be filed and maintained with the city during the term of the permit.
2 The policies shall name the city as an additional insured and shall contain a
3 provision that written notice of cancellation or reduction in coverage of the policy
4 shall be delivered by registered mail to the city at least 30 days in advance of the
5 effective date thereof.
6 d. An applicant for a permit shall be required to submit evidence of liability insurance.
7 (j) Revocation or suspension; emergencies.
8 (1) The approval of a sidewalk cafe permit is conditional at all times. A sidewalk cafe permit
9 may be revoked or suspended if it is found that:
10 a. Any necessary business or health permit has been suspended, revoked or canceled.
11 b. The permittee does not have insurance which is correct and effective in the
12 minimum amounts described in this section.
13 c. The permittee exceeds the approved number of seats by placing additional tables,
14 chairs, et cetera, in or beyond the approved area.
15 d. The permittee has failed to correct violations of this Code or conditions of this
16 permit within 24 hours of receipt of the director's notice of such violations delivered
17 in writing to the permittee.
18 (2) If the permittee fails to remove any tables, chairs and other objects related to sidewalk
19 cafe within 48 hours of receipt of the chief of police or designee final notice of revocation
20 or suspension, the chief of police or designee shall have the right to remove such objects.
21 (3) If a permittee is found in violation of the codes and given a written citation on three
22 occasions in a single year as identified as the beginning date of the permit issuance, the
23 sidewalk cafe permit shall be suspended for a period of time or revoked as determined
24 by the chief of police or designee, effective immediately upon receipt of a third violation.
25 In addition if the chief of police or designee believes that a permittee has engaged or is
26 engaged in conduct warranting the suspension or revocation of the permit, the chief of
27 police or designee shall serve the permittee by certified mail or hand delivery at his
28 business address as disclosed in the application for the permit or at the permitted
29 premises, a written administrative complaint which affords reasonable notice of facts or
30 conduct which warrant the intended action. The permittee shall be given adequate
31 opportunity to request an administrative hearing before the code enforcement board
32 unless the chief of police or designee finds that an emergency condition exists involving
33 serious danger to public health, safety or welfare, in which case advance notice and
34 hearing shall not be required. In the case of an emergency suspension or revocation, the
35 permittee shall immediately be advised of the chief of police or designee's action and
36 afforded a prompt post -suspension or revocation hearing in accordance with the
37 procedures set forth in this Code. Appeals of applications or cafe seating plans rejected
38 by the city may be heard by the planning and zoning commission for either upholding
39 the decision of the chief of police, further revising and approving the plan or approving
40 the submitted plan.
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CITY OF CLERMONT
ORDINANCE NO.2023-020
SECTION 3: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 4: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Ordinance as a whole.
SECTION 5: CODIFICATION
The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The
codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such
editorial license.
SECTION 6: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR
Regardless of whether such inclusion in the Code as described in Section 5 is accomplished,
sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical
and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 7: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take effect
immediately upon its Second Reading and Final Passage.
CLER ONT CITY OF CLERMONT
��.d«„o ORDINANCE NO.2023-020
1 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
2 Florida on this 8t' day of August 2023.
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9 ATTEST:
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12 Tracy Ackro d Zowe, MMC
Y
13 City Clerk
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16 Approved as-•to-m and legality:
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CITY OF CLERMONT
Tim Murry, Ma or