(a)

Beginning at the point where the centerline of Jackson Street SE intersects with the centerline of 4th Avenue SE. Said point being the true point of beginning; thence run north along the centerline of said 4th Avenue SE 1,252 feet more or less to a point on the centerline of a twenty-five-foot alley if extended, said alley centerline is 112.3 feet south of the southern right-of-way margin of Holly Street NE; thence in a westerly direction along the centerline of said twenty-five-foot alley a distance of 190 feet more or less to a point; thence run in a northerly direction 152.5 feet more or less to a point on the centerline of Holly Street NE; thence in a westerly direction along the centerline of Holly street NE 570 feet more or less to a point on the centerline of 2nd Ave NE; thence in a northerly direction along the centerline of 2nd Avenue NE to a point at the intersection of said 2nd Avenue and Lee Street NE; thence in a northwesterly direction along the centerline of Lee Street NE to a point at the intersection of said Lee Street NE and 1st Avenue NE; thence south along the centerline of 1st Avenue NE to a point at the intersection of said 1st Avenue SE and Gordon Drive SE; thence in a southeasterly direction along the centerline of said Gordon Drive SE to a point at the intersection of 2nd Avenue SE; thence east along the centerline of Jackson Street SE 740 feet more or less to a point at the intersection of 4th Avenue SE and said Jackson Street SE, said point being the true point of beginning.

And

(b)

Beginning at a point where the centerline of Wilson Street NE intersects the centerline of Canal Street NE. Said point being the true point of beginning; thence from the true point of beginning northwesterly along the centerline of Wilson Street NE to its intersection with the centerline of Railroad Street NW; thence southwesterly along the centerline of Railroad Street NW 800 feet more or less to a point; thence in a southeasterly direction along the centerline of an alley 150 feet more or less to a point; thence in a southwesterly direction along the centerline of an alley 25 feet more or less to a point; thence southeasterly along the centerline of an alley 112 feet more or less to the centerline of an alley that is 100 feet more or less west from the western right-of-way line of Bank Street NE; thence southwesterly along the centerline of said alley if extended a distance of 750 feet more or less to the centerline of Cherry Street NW; thence southeasterly along the said centerline of Cherry Street NW a distance of 390 feet more or less to a point; thence in a northeasterly direction 92 feet more or less to a point; thence southeasterly 12 feet more or less to a point, said point being 60 feet south of the northwest corner of Lot F of Lot 325 of the map of the Decatur Mineral & Land Company's property in Section 18, T5S, R4W, City of Decatur, Morgan County, Alabama, on file and record in Map Book 1 at Page 7 in the Office of the Judge of Probate of Morgan County Alabama; thence northeasterly 60 feet to the said northwest corner of Lot F of Lot 325; thence southeasterly along the north line of said Lot F of Lot 325 a distance of 30 feet more or less to the southeast corner of Lot F of Lot 326; thence northeasterly along the east side of said Lot F of Lot 326 a distance of 152 feet more or less to the centerline of Walnut Street NE; thence northwesterly along the centerline of Walnut Street NE 60 feet more or less to a point; thence in a northeasterly direction long the eastern line of Lots 310 and 309 of said Decatur Mineral & Land Company's property 300 feet more or less to the centerline of Vine Street NE; thence northwesterly along the centerline of Vine Street NE 15 feet more or less to a point; thence northeasterly along the westerly line of the First United Methodist Church Property, Tax Parcel No. 03 04 18 1 032 001.000 a distance of 300 feet more or less to a point on the centerline of Lafayette Street NE; thence continue in a northeasterly direction along the centerline of an alley 300 feet more or less to the centerline of Church Street NE; thence southeasterly along the centerline of Church Street NE to the intersection of Canal Street NE; thence northeasterly along the centerline of Canal Street NE to a point on intersection of Wilson Street NE, said point being the true point of beginning.

(Ord. No. 11-4084, § 3, 12-6-11)

Any person engaged in the business of operating a duly licensed restaurant, as defined in section 2.5-1 of the Code of Decatur, a cafeteria or other public place where meals, food or refreshments are prepared and/ or furnished upon premises, licensed for such use, and within the area described in section 25-175(a) and (b) of this article may be permitted or licensed to use the public sidewalk contiguous to such premises as a sidewalk café for its patrons subject to the following conditions:

(1)

Limitation of area. The area in which a sidewalk café may be operated shall be contiguous to the restaurant of which it is a revocable accessory use and its tables and chairs and other associated equipment and furnishings shall not extend parallel in either direction beyond the outside wall of the restaurant or lot boundary which contains the building. No portion of the sidewalk café can include a neighboring business, residences or empty lots.

(2)

The free passage of pedestrians along the sidewalk shall not be prevented, and at least a minimum sidewalk width of sixty (60) inches net clear opening (five (5) feet) shall remain unimpeded. Access to adjacent buildings or uses shall not be impeded.

(3)

Any relocation of utilities or public improvements that are required by the location of the sidewalk café shall be done at the licensee's expense.

(4)

All fixtures and services provided to patrons of a sidewalk café and all patron activity (.e.g. sitting, dining, waiting etc.) shall occur within the designated sidewalk café area, and shall not encroach on the required net clear opening distance of sixty (60) inches (five (5) feet) for pedestrian passage at any time. All fixtures and their location shall be subject to review and approval by the building department, the planning department and the downtown redevelopment authority. Fixtures shall be reviewed for installation method, appearance (consider the character and appropriateness and design including but not limited to scale, texture, materials, color and relation of sidewalk café elements to adjacent establishments), stability, and impact on existing public improvements.

(5)

A sixty-inch (five-foot) net clear opening from the center of all sidewalk café entrance doorways shall be maintained at all times. This sixty-inch (five-foot) net clear opening then becomes the front door of the establishment and must be monitored at all times.

(6)

Any required approval of the county health department must be obtained and submitted to the building department.

(7)

A non-exclusive, revocable license must be obtained from the city for the use of the public space. The license shall be good for the then-current privilege license year only and must be renewed annually. There will be a re-inspection by the building department required of the sidewalk café area with each license renewal. This license is not to be considered a privilege license but a non-exclusive right to use the public sidewalk for the permitted purpose subject to applicable conditions set forth herein and the granted license. Proof of commercial general liability insurance with limits of not less than one hundred thousand dollars ($100,000.00) per occurrence, three hundred thousand dollars ($300,000.00) in the aggregate combined single limit, for bodily injury, personal injury and property damage liability shall be furnished at the time of application. The insurance shall provide for thirty (30) days prior written notice to be given to the city if coverage is substantially changed, canceled or non-renewed. The city shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operations of a sidewalk café; and the licensee shall indemnify, defend and hold the city harmless from any loss that results directly or indirectly from the permit or license issuance.

(8)

Applications for a sidewalk café license shall be made to the city planning department which will coordinate the review of the other departments and submission of the license agreement to the city council for approval during a regularly scheduled city council meeting. Departments to review the application include but are not limited to the building department, police department, public works department, engineering department, planning department and downtown redevelopment authority. Prior to issuance of a license for a sidewalk café the building department shall review all completed and approved permit applications forwarded from the planning department for compliance with this and other ordinances of the city. After compliance has been verified the building department will issue the permit. Items that must be submitted with an application for a sidewalk café shall include but are not limited to;

a.

Any person desiring to operate a sidewalk cafe shall submit to the planning department an application for a license to include a nonrefundable administrative processing fee, to be set from time to time by the city council, and shall include the following information:

1.

Name, business address and telephone number of the restaurant.

2.

Name, address and telephone number of the owner of the restaurant and building if different.

3.

Number of tables and chairs to be permitted.

4.

Design and scaled site layout of chairs, tables and accessories including screen. Depiction of materials to be used and method of installation.

5.

Operations plan of services, sanitation, monitoring schedule and responsibilities.

6.

Any other information the city deems appropriate to fully describe the planned operation.

7.

The required net clear opening (subsection 25-176(1)).

(9)

All licenses issued for sidewalk cafes shall be subject to revocation in whole or in part by the building department director or police chief:

a.

Whenever it is deemed necessary or advisable that the area covered by the sidewalk license or any portion thereof be vacated in order that the same may be used for a public purpose in the event of a public emergency or because of the need for construction or maintenance on, above or below such sidewalk.

b.

Whenever it is found that a licensee has failed or neglected to comply with any of the provisions specified in these regulations.

c.

Whenever it is found that there is a danger to the public health, safety or welfare as a result of the permitted activity

(10)

No alcoholic beverages are to be served or consumed upon said public sidewalk café area unless the establishment complies with any applicable laws of the city and the state, including but not limited to regulations of the state alcoholic beverage control board governing the display of alcoholic beverages and their service on sidewalk cafés contiguous to the licensed premises. There shall be no printed advertising permitted on any outside furniture or associated equipment (e.g. containers, tables, chairs, umbrellas etc.) in the designated sidewalk café area.

(11)

Sidewalk café permit holders shall be exempt from the restrictions on open containers if such establishment is otherwise licensed to sell alcoholic beverages under the state alcoholic beverage control rules and regulations and the laws of the city. Any dispensing and/or serving or consuming of alcoholic beverages in the sidewalk area must be strictly in accordance with all applicable laws, ordinances and regulations, of the state alcoholic beverage control board. To the extent that any such license has been issued and alcoholic beverages may be served, then the same may not be taken outside of the permitted area of the sidewalk café; and, except for restaurant liquor licenses, shall be served in plastic containers.

(12)

A sidewalk café permitted under this article shall not operate between the hours of 1:00 a.m. to 6:00 a.m. any day of the week. Hours may be extended on specific days with city council permission.

(13)

There shall no smoking permitted in the delineated area of a sidewalk café.

(14)

No signs shall be allowed on any portion of the public sidewalks inside or outside of the delineated area.

(15)

Sidewalk cafés shall be prohibited from playing amplified music, whether live or recorded. No speakers, microphones, televisions or other audio or video devices shall be permitted at a sidewalk café.

(16)

There shall be no open flames permitted on the sidewalk. Heating apparatus shall be approved by the building and fire departments prior to installation or use. Possible lighting sources include enclosed table top candles or low wattage battery operated fixtures. Lighting shall not cause glare to passing pedestrians or vehicles.

(17)

No food preparation shall be permitted in the delineated area of a sidewalk café.

(18)

The portion of the sidewalk allotted for outside seating shall be delineated by a railing or other method of delineating the space that is not affixed to any portion of the sidewalk or other public property and is approved by the building department with concurrence of the downtown redevelopment authority and the planning department.

During hours when the establishment is closed for business sidewalk café equipment (tables, chairs, umbrellas etc.) shall either be removed from the sidewalk or otherwise secured so as to prevent their use while the business is closed.

(Ord. No. 11-4084, § 3, 12-6-11; Ord. No. 13-4152, § 1, 8-5-13)