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Home My WebLink About2539 OrdinanceORDINANCE NO. 2539 AN ORDINANCE concerning sidewalk food service and amending Chapter 5.28 of the Pasco Municipal Code by adding new section 5.28.125. WHEREAS, sidewalk seating would enhance the desirability of downtown food establishments and provide a pleasant place for eating during spring and summer months; and WHEREAS, certain sidewalks in the central business district are wide enough to accomodate reasonable outside seating and still provide safe travel for pedestrian traffic; and WHEREAS, the allowance for such sidewalk food service could draw people to the downtown area, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Chapter 5.28 of the Pasco Municipal Code is hereby amended by the addition of new section 5.28.125 which shall read as follows: 5.28.125 SIDEWALK SEATING. Any food establishment licensed under this Chapter and located within the C-2 zone (Central Business District) may upon application and receiving a permit therefore, provide sidewalk seating for its customers adjacent to the licensed place of business, provided, however, the food establishment must have interior seating and the outside seating shall not exceed 25% of interior seats, and the outside seating shall not reduce usable sidewalk width to less than six (6) feet. Such application shall include a drawing of the proposed sidewalk location which includes the location of the seating, the width of the sidewalk and the width of the sidewalk that will be obstructed by the outside seating. In addition the application shall include identification of the food establishment by reference to it's regular Pasco business license number, assurance that the area will be kept clean, the times of day during which the outside seating will be utilized and the period of the year for which the outside seating is requested. The City Clerk shall review each such application with the City Planner and if in their opinion the public interest would not be unduly restricted or subject to unreasonable or unnecessary risk of harm or injury, the Clerk shall notify the applicant that a permit therefore will be granted subject to the payment of a one hundred dollar ($100.00) annual permit fee and the filing of a satisfactory • ye • is, City Cler APPROV AS TO FORM: hold/harmless agreement and primary liability insurance policy for at least $500,000.00 which will indemnify the City and release it from liability. Subject to such filing a permit will be issued. Section Two. This ordinance shall take effect five (5) days after passage and publication. PASSED this if day of ATTEST: reg bstello, City Attorney , 1985. 1 ORDINANCE NO 2539 I AN ORDINANCE con- cerning sidewalk food serv ice and amending Chapter 5 28 of the Pasco Municipal Code by adding new sec- tion 5 28 125 WHEREAS sidewalk lseating would enhance the 'desirability of downtown food establishments and I provide a pleasant place for eatin,ogiduring spring and i surnifrrr months and V VI-EREAS certain side- ws,Iks' in the central busi nelas district are wide enough to accomodate rea- sonable outside seating and still provide safe travel t for pedestrian traffic and WHEREAS the allow- ance for such sidewalk food service could draw people to the downtown area now therefore THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS Section One Chapter 5 28 of the Pasco Municipal Code is hereby amended by the addition of new sec- tion 528 125 which shall read as follows 5 28 125 SIDEWALK SEATING Any food estab- lishment licensed under this Chapter and located within the C-2 zone (Central Business District) may upon application and re- ceiving a permit therefore provide sidewalk seating for its customers adjacent to the licensed place of business provided how- ever the food establish- ment must have interior seating and the outside seating shall not exceed 25% of interior seats and the outside seating shall not reduce usable sidewalk width to less than six (6) feet Such application shall include a drawing of the , proposed sidewalk location which includes the location /of the seating the width of the sidewalk and the width ., , of the sidewalk that will be obstructed by the outside seating In addition the ap- plication shall Include iden tification of the food establishment by reference to it s regular Pasco busi- ness license number as- surance that the area will be kept clean the times o f day during which the out side seating will be utilized and the period of the year for which the outside seat- ing is requested The City Clerk shall review each such application with the City Planner and if in their opinion the public interest would not be unduly re stncted or subject to unrea sonable or unnecessary of harm or injury the AFFIDAVIT OF PUBLICATION COUNTY OF Benton )ss STATE OF WASHINGTON JoEllen Ward , being first duly sworn on oath deposes and says she is thprincipal clerk of the Tn-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication here inafter referred to, published in the English language continually as a daily newspaper in Benton County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal ad "Ordlnance #2539 1I as it was printed in the regular and entire issue_ of the Tn City Herald itself and not in a n supplement thereof, for a period of one Times, commencing on the 22nd day of March , 19 8 5 and ending on the 22nd day of March , 1985 and that said newspaper was regularly distributed to its subscribers during all of this period That the Total amount is $ 77 . V3 10i inches @ $7. 35 = 77 . 18 Subscribed and sworn to before me this 25th day of March , 19 85 Clerk shall notity the appli- cant that a permit therefore , will be granted subject to the payment of a one hun- dred dollar ($100 00) an- I nual permit fee and the filing of a satisfactory hold/ harmless agreement and primary liability insurance , policy for at least $500 000 00 which will in- j demnify the City and re- lease it from liability Subject to such filing a per- mit will be issued h - (5) days after passage and nance shall take effect five publication ATTEST APPROVED AS TO FORM City Clerk City Attorney LEGAL NO 18773 - March 22 1985 March 1985 Mayor -s-Joe W Jackson Section Two This orc- PASSED this 18th day of -s Evelyn Wells -s-Greg A Rubstello N. ry Public in and for the State of Washington, residing at Pasco FINANCE DEPARTMENT 1509) 545-3401 Stein 726-3401 CITY of OCIPPC:,,f;n -WW4ft ew Sin ours, Eve yn Wells City Clerk P. O. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 March 19, 1985 In City Herald P.O. Box 2608 Pasco, Washington 99302 Attn: Rochelle Dear Rochelle. Please publish Ordinance Nos. 2538 and 2539 on the following date: March 22, 1985 Please send two (2) Affidavits of Publication for each